He Public Ministryheaded by the Attorney General, Delia Espinozapresented two unconstitutionality lawsuits before the Constitutional Court (TC) in defense of fiscal independence, affected by the approval of laws that, according to Espinoza, compromise the autonomy of the institution and limit its ability to act.
The announcement was made this Monday during the start ceremony of Fiscal Year 2025, where Espinoza denounced a “massive campaign” to promulgate laws that he described as “arbitrary and unconstitutional.”
One of the lawsuits questions Law 32107, which specifies the scope of the crime against humanity and war crimes in Peruvian legislation. Espinoza maintained that this norm weakens the regulatory framework that supports the prosecution of these serious crimes, contravening international standards of criminal and humanitarian law.
The other lawsuit is directed against Law 32130, which strengthens crime investigation as a function of the National Police of Peru (PNP). According to the attorney general, this rule affects the autonomy of the Public Ministry by interfering in its role as exclusive conductor of investigations, guaranteed by article 159, paragraph 4, of the Constitution.
Espinoza also criticized other regulations recently approved by Congress, such as Law 31990, which shortens corroboration periods for effective collaborators, and Law 31751, which modifies the terms of prescription of crimes. Both, according to the prosecutor, favor impunity and make the prosecution of serious crimes difficult.
In addition, he questioned Law 32108, which classifies criminal organizations but, in his opinion, introduces obstacles to identifying and sanctioning these groups, weakening fiscal action.
Amid these tensions, several replacements in key fiscal coordination were announced over the weekend. The dismissal of Rafael Vela, coordinator of the prosecutor’s offices specialized in money laundering, and Jorge Chávez Cotrina, coordinator of the prosecutor’s offices against organized crime, who held these positions for a decade, stands out.
Espinoza justified these changes as part of his commitment to restore credibility to the institution. “It is time to strengthen our ranks to face the challenges of guaranteeing autonomous, effective and reliable justice,” he expressed.
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