Through a publication in the newspaper El Peruano, it was announced that Law 32130 that transfers to the National Police of Peru (PNP) The power to investigate crimes was approved and made official. The main objective would be to better delimit and detail the functions and responsibilities of the Police and the Public Ministry in criminal investigations.
As mentioned, the law modifies key articles, such as the one that defines that the Public Ministry has the responsibility of leading the criminal investigationguaranteeing respect for the rights of the accused. In addition, clearer criteria are established on the powers and functions of the Police in collecting evidence and conducting proceedings, which must now be carried out with the mandatory presence of a defense lawyer.
The amendments also introduce regulations on preliminary detention, requirements for the recusal of judgesand identity control by the police.
The proposal was promoted by the Justice Commission and the Defense Commission had 72 votes in favor. However, several jurists argue that this could be considered an attack against the Constitution, since it would restrict the powers of the Prosecutor’s Office and the PNP would not be adequately prepared or trained to carry out this type of proceedings.
Public Ministry expressed its rejection of this counter-reform
On September 11, the supreme prosecutors, presidents of the Boards of Superior Prosecutors and Provincial Prosecutors, national coordinators of the Specialized Prosecutor’s Offices and the Special Teams of the Public Ministry, representing all their members at the national level, expressed their concern about a counter-reform that seeks to modify and restrict the constitutional functions of prosecutors. This measure, as they noted, could affect the right to due process and respect for the fundamental rights of people who go to the justice system.
For this reason, they asked President Boluarte to review the norm, despite this, it was approved anyway.
