CAT/OP/PER/1/Add.1 132. In this connection, Legislative Decree No. 1325 provides that, in order to improve mental health care, the public institutions of the national health system that provide these services shall coordinate with the National Prison Institute and promote comprehensive treatment programmes for the care and treatment of persons with mental health problems and/or their permanent transfer to a specialized centre. 101 133. Supreme Decree No. 033-2015-SA 102 approved the regulations of Act No. 29889 amending article 11 of Act No. 26842 (General Health Act), which establishes the obligation to ensure that persons with mental health problems have universal and equitable access to programmes for health promotion and protection, prevention, treatment, psychosocial recovery and rehabilitation, with a comprehensive approach centred around the community, human rights, gender and interculturalism at the various levels of care. 134. As a right of users of health services, the Decree also establishes: (i) access to inpatient care or hospitalization for treatment in exceptional circumstances; (ii) access to inpatient care or hospitalization in the least restrictive environment compatible with their health needs in order to ensure their dignity and physical safety; (iii) the freedom for users to give their informed, free and voluntary consent for the procedure or treatment prescribed, 103 without any mechanism that would go against their wishes. IV. Aspects of the legal and institutional framework for the prevention of torture and ill-treatment 4.1 The definition of torture in national law 135. In paragraph 108 of its report, the Subcommittee recommends that the Criminal Code be amended to include a definition of torture that covers all the elements contained in article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 136. In this regard, it should be noted that the criminal definition of torture established in article 321 of the Criminal Code was amended by Legislative Decree No. 1351, 104 which provides that any official or public servant, or any person acting with his consent or acquiescence, who inflicts upon another serious pain or suffering, whether physical or mental, or subjects another to any method aimed at destroying his or her personality or impairing his or her physical or mental capacity, shall be punished by imprisonment for a term of not less than 8 years and not more than 14 years. 137. In the event that the victim is: (i) seriously injured; (ii) less than 18 years or over 60 years of age; (iii) suffering from any type of disability; or (iv) pregnant; and (v) is arrested or detained, and the law enforcement officer abuses his or her authority to commit the offence, the custodial penalty shall be not less than 15 years and not more than 20 years. 138. In the event of the death of the victim, which could have been foreseen by the law enforcement officer, the custodial penalty shall be not less than 20 years and not more than 25 years. 139. With the above-mentioned amendments, the element of completion of the offence of torture has been separated from tangible consequences that do not __________________ 101 102 103 104 V.17-05867 Executive branch of government, article 3 (2) of Legislative Decree No. 1325. Ministry of Health, article 1 of Supreme Decree No. 033-2015-SA implementing the regulations of Act No. 29889 amending article 11 of Act No. 26842 (General Health Act), El Peruano (Official Gazette) (6 October 2001). Article 4 (e) and (g) of Supreme Decree No. 033-2015-SA. Executive branch of government, article 2 of Legislative Decree No. 1351, El Peruano (Official Gazette) (7 January 2017). 21/27