CAT/OP/PER/1/Add.1 constitute an element of the act in question. It is therefore considered important that a person is considered to have been subjected to torture if a specific method of torture is proven to have been used and that method was intended to cause physical or psychological harm. Thus, the implication of introducing the word “tendente” [“aimed at”] is that tangible harm to mental or physical capacity may be only potential, the true impact of the acts in question being thereby reflected. 140. Moreover, two previous amendments were made to the Criminal Code through Acts Nos. 30054 105 and 30077, 106 the scope of which has an effect on the determination of the penalty for the offence of torture, among other crimes. 141. With regard to Act No. 30054, 107 it has been established that if the perpetrator takes advantage of his or her status as a member of the Armed Forces or Peru vian National Police, or as a public authority, official or servant, to commit a punishable act or uses weapons for that purpose that have been provided by the State or whose use is authorized on account of his or her status as a public official, the judge may increase the maximum sentence established by law by up to 50 per cent, although the sentence may not exceed 35 years’ imprisonment. 142. Act No. 30077 108 establishes the rules and procedures for special techniques for the investigation, prosecution and punishment of crimes committed by criminal organizations, including torture. 143. In the category of special aggravating circumstances, 109 for example, the provision establishes the case where a public servant or official has abused or taken advantage of his or her position to commit, facilitate or cover up a crime as a criterion for determining the increase in the penalty. 144. In this case, when the offence is committed against the “physical or psychological integrity of minors or other persons not subject to criminal l iability”, those responsible may not have access to sentence-reducing prison privileges in respect of work, education, semi-detention and conditional release. 110 4.2 Public Defender Service 145. Paragraph 112 of the Subcommittee’s report recommends that the State party adopt measures to significantly strengthen the Public Defender Service, in particular by providing financial and material resources so that the Service can provide adequate legal defence to all persons deprived of their liberty, including in rela tion to allegations of torture and ill-treatment that they may have suffered. 146. Under article 139 (16) of the Code of Criminal Procedure and article IX of the New Code of Criminal Procedure, 111 it is the role of the Ministry of Justice to ensure free defence through the General Directorate of the Public Defence Service and Access to Justice, 112 which provides free legal assistance in criminal, family, civil and labour matters to victims of rights violations in any form, to juvenile offenders, in prisons when persons lack financial resources and in all other cases expressly provided for by law. 113 __________________ 105 106 107 108 109 110 111 112 113 22/27 Congress of the Republic, Act No. 30054, El Peruano (Official Gazette) (30 June 2013). Congress of the Republic, articles 3 and 18 of Act No. 30077, El Peruano (Official Gazette) (20 August 2013). Article 2 of Act No. 30054. Articles 3 and 18 of Act No. 30077. Article 22 (1) (c) of Act No. 30077. Ibid., article 24 (1). Executive branch of government, article IX of Legislative Decree No. 957, El Peruano (Official Gazette) (29 July 2004). Ministry of Justice and Human Rights, article 101 of Supreme Decree No. 011-2012-JUS (20 April 2016). Ministry of Justice and Human Rights, General Directorate of the Public Defence Service and Access to Justice, Official Letter No. 01014-2016-JUS-DGDP of 29 September 2016, Report No. 00018-2016-JUS/DGDP-DDP-FEVP of 26 September 2016, pp. 3-4. V.17-05867