Thanks to Dina Boluarte's decree, the PNP no longer needs the Public Prosecutor's Office to intervene and investigate citizens.

On December 21, President Tina Polwart's Executive allowed Ordinance no. 1605 With a view to strengthening the functions of the police and the nation's prosecutor's office. The order, which introduces changes to the new Criminal Procedure Code, has received little attention as it coincides with the Christmas and New Year celebrations. Experts warn that the change could represent an attack on the country's powers Public Ministry.

As is known, on September 20 this year, the Republican Congress conferred legislative powers. Administrator Effective measures can be taken to reduce the security crisis experienced by citizens in Peru. However, as has been widely reported earlier, many of them are unconstitutional and infringe on fundamental rights.

In this case, the DL N°1605 It allows the National Police to “as an investigative function, on its own initiative under the legal direction of the Prosecutor”, under the slogan “Improve the legal framework regulating the investigation”. According to the decree, the order will be issued “according to the operational purpose of each of them”; However, in direct actions, this provision carries with it consequential consequences on the right to due process.

Although the regulations propose a more integrated cooperation, DL's article no. 67 contains details such as “the National Police, even on its own initiative, shall “know of crimes and immediately inform the Prosecutor; “Emergency or emergency investigative procedures that are part of the preliminary procedures shall be carried out.”

That is, the PNP can initiate investigations against any citizen by doing preliminary work on its own, without the need for tax demand or judicial resolution. “By notifying the solicitor”

The new functions of police forces include intervening and arresting alleged criminals; Confident private documents and telecommunications equipment; as well as the presence of a lawyer during an intervention. Thus, the PNP It would be possible to request cell phones from inmates without the need for a court order. This is a violation of citizens' right to privacy of communications.

As if this were not enough, the decree orders the PNP to “isolate, secure and monitor the scene of the events” to ensure they are not contaminated; However, it also gives them the power to change the course of events by “gathering and preserving clues and evidence”; To the extent it leads to contamination of evidence that could be disposed of by a jury at a trial.

To the same extent, it allows the police the ability to carry out the removal of bodies in the absence of a prosecutor. This fact is serious because if the death occurred during a social protest involving law enforcement forces, it would lead to cover-ups.

In an interview republic, Advocate Legal Defense Agency, Carlos Rivera said that what the executive is actually proposing with this decree “almost puts the police and the public ministry on equal authority. And placing the police above the prosecutor's office in certain circumstances is unconstitutional.

On the other hand, defender Juan Jose Guispe, from ITL The government “revived the old police report PNP “Degrees of guilt, authorship and participation can be qualified by analysis of facts, procedures undertaken and results.” He said this on his social media.