The vice president of the Congress of the Republic, Patricia Juarezpresented a constitutional reform bill that establishes the lifting of banking secrecy, communications, and the stock market and tax reserve during the period of flagrante delicto. This will allow criminals to be identified and captured in real time through more effective operations.
“This proposal responds to the urgent need to provide the judicial system and law enforcement with more effective tools in the fight against organized crime and common crime. The immediacy in the lifting of banking secrecy, communications and the stock market and tax reserve will allow obtaining optimal results that protect the victims and guarantee more efficient justice,” said the Fuerza Popular legislator.
If this proposal is approved, the Judiciary, through the criminal judge, will be able to more quickly obtain the necessary means of proof to issue personal coercive measures or hand down a sentence in criminal cases.
Likewise, the Public Ministry will have greater tools to investigate flagrant crimes during the preparatory stage, facilitating the capture of those responsible with the collaboration of the National Police of Peru.
The National Police and the Public Ministry have detected patterns in which criminals use technology to hide their identity and evade justice. Devices such as cell phones and laptop computers allow criminals to make bank transfers or coordinate illicit actions quickly, while they are protected by the right to banking and communications secrecy, which makes police work difficult during the first 24 hours of the commission of the crime. .
The current judicial process to lift these restrictions is slow and can take several months, during which time the lives of victims could be in danger, especially in cases of kidnapping or extortion. The present reform seeks to shorten these times and provide an effective response, always respecting the legal and constitutional framework of the country.
In addition to the modification of numerals 5 and 10 of article 2 of the Magna Carta, a reform to article 97 of the Constitution is included. This expansion grants Congress the power to raise the stock reserve in investigations related to matters of public interest.
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