He Congress of the Republic The first vote approved the resolution establishing that the National Police will be responsible for carrying out the preliminary investigation of the crime. The resolution was approved with 72 votes in favor.
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The rule modifies article IV of the preliminary title, 53, 54, 60, 61, 65, 67, 68, 84, 160, 173, 180, 205, 216, 223 230, 261, 283, 286, 287, 288, 289, 321, 322, 329, 330, 331,332,337, 353,427,429 and 430 of the Criminal Procedure Code, Legislative Decree 957.
“The National Police of Peru is in charge of the preliminary investigation of the crime and, in this regard, carries out the procedures that, by their nature, correspond to said competence,” the ruling states.
It is also established that “The Prosecutor legally conducts the preliminary investigationwhich is carried out by the National Police of Peru, as well as the preparatory investigation.”
“In the event of a flagrant crime or if there is an arrest, it shall immediately order the start of a preliminary investigation and, within a period of no more than twenty-four hours in cases of crimes of illicit drug trafficking, terrorism, contract killing, extortion, kidnapping, femicide and organized crime. In the event of there being no arrest or flagrante delicto and, in other types of crimes, it shall do so within a period of no more than forty-eight hours in order to investigate through the National Police of Peru.”
On the other hand, it indicates that police officers who carry out investigative functions are obliged to inform the Public Prosecutor of the preliminary proceedings carried out, as well as to support the Public Prosecutor in carrying out the formalized preparatory investigation. Compliance with the fiscal provisions in the preliminary investigation of the crime does not generate a relationship of subordination on the part of the members of the National Police of Peru.”
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