The Attorney General of the Nation, Juan Carlos Villenawarned today that it would be unconstitutional for the National Police to be in charge of preliminary investigations of criminal offenses, as mandated by a bill that is about to be submitted to a second vote in Congress.
In a video statement, alongside members of the Board of Supreme Prosecutors, Villena indicated that this contravenes section 4 of article 159 of the Constitution, which stipulates that the Prosecutor’s Office conducts the investigation from the beginning of the criminal process.
“The Congress of the Republic intends to put this law into effect, entrusting the preliminary investigation of the crime to the National Police, thus obliging prosecutors to conduct all investigations through it. In this context, prosecutors’ offices will not be able to directly conduct preliminary investigations,” he said.
Along these lines, the head of the Public Prosecutor’s Office warned that if the amendment to the Criminal Procedure Code is approved, as proposed by the legislative initiative, the Executive Branch would be allowed to handle the cases.
“It is clear that the purpose of this unconstitutional rule is that all investigations are under the jurisdiction and direction of the Executive Branch, through the Ministry of the Interior, on which the National Police of Peru depends. This collides with the institutional autonomy of the Public Prosecutor’s Office, the effective separation of powers and a true democracy,” he emphasized.
Last weekParliament approved with 72 votes the opinion proposing the modification of the rule.
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