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December 17, 2024
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Javier Arévalo: ‘Neither the Government nor Congress can reform the penal system’

Javier Arévalo Vela

The president of the Judiciary, Javier Arevalo Velaexpressed his concern about the modifications that, in an anti-technical manner, are being made to the criminal legislation. He argued that this harms the fight against crime.

“The exhortation I make to Congress is that it reflect, analyze and obtain advice to prepare these laws because every project must go through the Judiciary and there must be a consensus with specialists and institutions of the justice system“, he indicated.

Likewise, he indicated that neither the Government nor Congress can reform the penal system. “There must be a consensus, where the Judiciary participates”, he expressed.

He added that he does not think it is right for Peru to withdraw from the jurisdiction of the Inter-American Court of Human Rights, and that if it did, it would not happen or have an immediate effect. “It seems to me that this type of project is not going to work.”, he noted.

On the contrary, Arévalo Vela maintained that Congress, instead of being in unnecessary debates, should approve the Law on Criminal Flagrancy and civil orality that the Judiciary has presented, as well as other laws that the country needs.

I do not believe that Congress should review the Penal Code, the codes in general, especially the Penal Code, should be the product of a codification commission in which specialists, the Judiciary, the Prosecutor’s Office participate, I do not believe that Congress is in the capacity to prepare the Penal Code”he added.

In this regard, he recommended that a law be passed authorizing the formation of a group of scholars to prepare the draft Penal Code, and that in that commission there be representatives of Congress, the Public Ministry, the Judiciary, universities, specialists in Criminal Law and others.

Congress is demonstrating an academic lack of knowledge of how a Code is prepared”, he remarked.

SIX UNITS OF FLAGRANCY

Arévalo Vela made these statements in the city of Arequipa from where he led the virtual ceremony for the simultaneous inauguration of six flagrante delicto units in the superior courts of Amazonas, Ucayali, Apurímac, San Martín, Puno and Moquegua.

With this implementation, to date there would be 26 flagrante delicto units put into operation at the level for the fight against crime.

The flagrante delicto units bring together in a single building the institutions that intervene in the immediate process (National Police, Public Ministry, Ministry of Justice and Human Rights and the Judiciary), in the fight against crime.

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