Seven benches of Congresssome with members under investigation, are promoting five bills to increase their control over the Judiciary and subject it to political oversight. More than half of these proposals come from legislators from Free Peruwhile others have support from Accion Popular, Renovación Popular and other groups. In addition, the Executive tries to control the presidency of the Council for the Reform of the Justice System, challenging mandates of the inter-American system.
In this context, the legislative proposals include initiatives to reduce the powers of the magistrates of the Judiciary. One of them was presented by Waldemar Cerróninvestigated in the “Los Dinámicos del Centro” case and brother of the fugitive Vladimir Cerrón. Likewise, congressman José María Balcázar, former judge of Lambayeque and investigated in the case “The Prosecutor and her Dome of Power.”
| PROJECT / OPINION | CONGRESSMAN | BENCH | AIM |
| OPINION | Wilson Soto, Isabel Cortez, María Acuña, Katy Ugarte, Waldemar Cerrón | Popular Action, Democratic Bloc, APP, Magisterial Bloc, Free Peru | They propose sentences of 10 to 15 years in prison for judges whose prison sentences are later overturned. |
| BILL | José María Balcázar | Free Peru | The proposal seeks to guarantee that congressmen cannot be investigated, prosecuted or detained without authorization from Congress or the Permanent Commission, except in cases of flagrancy, thus reinforcing the autonomy and stability of the Legislative Branch |
| BILL | Waldemar Cerrón | Free Peru | Create an Oversight Commission of the function of judges and prosecutors in Congress |
| OPINION | Alejandro Muñante, Adriana Tudela | Popular Renewal, Country Advances | It establishes that judges or prosecutors who, failing to fulfill their duties, order the release of people detained in flagrante delicto by the National Police or by citizen arrest for crimes with sentences exceeding five years, receive a sentence of 8 to 12 years in prison. |
| BILL | Americo Gonza | Free Peru | The supreme judges who have held the position of president of the Supreme Court will conclude their functions as supreme judges after the promulgation of this law. The National Board of Justice will be in charge of selecting the judges who will fill the vacant positions left by these outgoing presidents​ |
This year, several legislators have presented initiatives that seek to strengthen responsibility and control in the judicial system. Among them, Wilson Soto, Isabel Cortez, Maria Acuñaa, Katy Ugarte and Waldemar Cerrón They suggested sentences of 10 to 15 years in prison for judges whose prison sentences are later revoked, as a measure to guarantee rigor in their decisions. In addition, José María Balcázar introduced a proposal to ensure that congressmen are not investigated, prosecuted or detained without the authorization of the Congress or the Permanent Commission, except in cases of flagrancy, with the objective of strengthening legislative autonomy.
On the other hand, Waldemar Cerrón presented a project to create an Oversight Commission in Congress to supervise the work of judges and prosecutors, which is being evaluated by the Constitution Commission. Alejandro Muñante and Adriana Tudela, for their part, proposed sentences of 8 to 12 years in prison for magistrates who release those detained in flagrante delicto for serious crimes. Finally, Américo Gonza proposed that the supreme judges who have presided over the Supreme Court conclude their functions after the promulgation of this law, allowing the National Board of Justice Select your replacements.
Judges and prosecutors confront Congress in defense of the Constitution and legality
The reforms to Penal Code and the Criminal Procedure Code promoted by the Congress and the Executive of Dina Boluarte generate concern in the justice system due to its negative impact on the separation of powers and judicial independence in the country. Judges and prosecutors in Lima and the provinces have alerted the public about how these laws affect judicial autonomy and put the fight against organized crime at risk. The Board of Provincial Prosecutors of Lima Center expressed, through the networks of the Public Ministryhis opposition to Law No. 32,130, which transfers the investigation of the crime to the PNP and grants greater procedural guarantees to those investigated.
The Board of Provincial Prosecutors of Lima Centro, met in an Extraordinary Meeting on the date (October 10, 2024), with the purpose of analyzing the application of Law No. 32130 (…), after the debate it was agreed to maintain the powers contained in article 159, paragraph 4 of the Political Constitution of the State; Likewise, the corresponding instructions are issued to strengthen fiscal work,” they stated in a statement signed by the president of the Board of Provincial Prosecutors of Lima Centro, Katharine Borrero Soto.
The Prosecutor’s Office prepares instructions to ensure compliance with the Law and the Constitution
The provincial prosecutors of Lima were not the only ones to demand the intervention of the Attorney of the Nation. In several judicial districts, prosecutors meet to discuss actions against Law 32130 and the handling of criminal investigations assigned by the Constitution. On Friday afternoon, the presidency of the Board of Superior Prosecutors of Cajamarca communicated, through social networks, about a coordination meeting with the Attorney General and presidents of the Boards of Superior Prosecutors of the country to evaluate the recent reform approved by the Congress and promulgated on October 10.
