The president of the Judiciary, Javier Arevalospecified today that the judges will have the discretion to determine whether or not to apply the law prepared by the Congress of the Republic and promulgated by the Executive Branch that prevents preliminary capture of those investigated if they are not caught in flagrante delicto.
“The judges have the last word and if they consider that these rules are appropriate to the Constitution, they will apply them, and if not, the opposite. “Judges have the power to disapply the rules when they are contrary to the Constitution,” stressed the also head of the Supreme Court.
However, Arévalo also pointed out that the issue itself is debatable because in some cases “we have seen that this detention has been abused, so there will be those who are for and against.”
“They cannot be imprisoned right away. “No one would accept being in prison for several days and then being told: go home,” he continued.
LOOK: They promulgate a law that repeals preliminary detention if it is not in flagrante delicto
Death penalty
After presiding over the ceremony for the transfer of technological equipment for the superior courts of justice nationwide, Arévalo also spoke about the president’s proposal Dina Boluarte to open the debate regarding the implementation of the death penalty for rapists of minors.
He noted that the issue “is already overcome,” and added that its application would be “like returning to slavery.”
“It is an issue to distract, to gain sympathy and, furthermore, legally it is not possible. The death penalty cannot even be the subject of debate, it is a savage measure that has been surpassed in democratic countries and we cannot go back. The penalty “The death penalty is irreversible, there is the possibility of a judicial error and there are more important things to worry about than the death penalty,” he emphasized.
At another time, he spoke about the reform of the justice system, and commented that this must be carried out technically “with the appropriate resources and with the participation of the Judiciary.”
“The reform of the Judiciary cannot be denied, but it must be done technically, with resources, and without that, any reform is pure demagoguery, it is deceiving the population. If you want reform, do it well, with the intervention of the Judiciary, with resources and the correct legal framework,” he said.
Regarding the transfer of technological equipment for the superior courts of justice nationwide, the president of the Judiciary reported that there are 2,169 central processing units (CPU) and 2,516 monitors that will be used for the implementation stage of the New Judicial File System Criminal Electronic.
The acquisition, he explained, was carried out through an international public tender at a cost that amounts to 10 million 597 thousand 70 soles.
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