Congresswoman Susel Paredes (No Agrupados) presented a bill that proposes that the National Board of Justice (JNJ) is in charge of electing the head of the State Attorney General’s Office and declares the position vacant.
It’s about the legislative initiative 1724/2021-CRwhich proposes to modify articles 140, 170 and 180 of Legislative Decree No. 1326, which restructures the State Legal Defense Administrative System and creates the State Attorney General’s Office.
The proposal specifies that the members of the Board of Directors are appointed by supreme resolution, endorsed by the head of the Ministry of Justice and Human Rights (Minjusdh). They serve for a period of 5 years..
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It also refers that the vacancy of the state attorney general is declared by the JNJ. Removal for serious misconduct is resolved in the first instance by the Disciplinary Court of the State Attorney General’s Office, and can be challenged before the Board, which decides in final instance with the vote of two thirds of the legal number of its members.
For the other members of the Board of Directors, the removal is formalized by means of a supreme resolution endorsed by the head of the Minjusdh. In the latter case, the grounds for vacancy are: death, accepted resignation, duly accredited permanent physical or mental disability, supervening legal impediment, removal due to serious misconduct, and termination of the designation or appointment period.
The bill also specifies that The state attorney general is appointed through a public merit contest conducted by the National Board of Justice.before whom he swears at the time of taking office.
The explanatory statement details that after the dismissal of Daniel Soria Lujan as Attorney General of the State, on February 1, 2022, the consequences of such decision have generated “justified concerns” both with respect to the appointment of his substitute, as well as the actual validity of the guiding principles associated with the position.
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In this regard, the document recalled that the decision was made by the Government a few weeks after Soria Lujan file a complaint against the president peter castlethrough a supreme resolution signed by the accused himself and the then Minister of Justice and Human Rights, Hannibal Torres.
“In this direction, the bill proposes that the National Board of Justice be the entity that conducts the public contest of merits for the appointment of the Attorney General of the State, as well as his removal process for serious misconduct and the declaration of vacancy of the position for other legal causes”he underlined.
