IN DEBATE. TO AVOID THE DISMISSAL AND THE SENSE OF triumph of impunity.
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| Agenda. Parliament must address problems facing the criminal justice reform. |
pose
need to modify the preliminary investigation within
current regulation is insufficient for more complex cases
Pedro Angulo Arana Special Prosecutor for Criminal
Our Constitutional Court, in one of his last Case (Exp No. 2748-2010-PHC/TC, basis 10), has expressed the need to modify the time of the preliminary investigation in cases of complex investigations, which now gives the new Criminal Procedure Code which gives 8 months to investigate, it is possible to expand only by the judge of the preliminary investigation, just 8 months.
In the above, adding a final approach to policing, so that in case of certain serious offenses currently considered, the period of detention, which allows a better, broader parallel and research, can be up to 15 days as has been determined to occur, by constitutional mandate, in cases of espionage, terrorism and drug trafficking.
For us, modestly, because of our job performance in the prosecution, we believe, in fact, that the orders placed are urgent issues that the legislature should put on the agenda, as soon as possible, since such have to do with preventing crime in our country is developed, in quantities and forms that, unfortunately, is already doing in brother countries, like Colombia and Mexico.
Otherwise, the request can argue that it is in line with other measures already taken, towards the fight against crime, including the elimination of benefits for the perpetrators of serious crimes or the same rating made by TC, for the prosecutors to challenge the statements excluded from the investigation of persons accused of TID and money laundering.
Closing
difficulties in relation to the subject of research within First of all, the fact is that the end of eight months is obviously very short, because we know well that those who commit crimes, either grouped or more organizations, or have in his favor planning or have many resources, all level to hinder investigations and make them take longer than eight months to achieve its objectives of impunity.
In this sense it is true that in the investigation of crimes are simple cases, since in view of the circumstances or people who commit them, they become easy to solve, without offering more difficult, such was the case of former 33 year old altar boy Jehoshaphat Vargas Vitorino, who gave Apolo at the police station in La Victoria, on March 28, 2008, confessing, indeed shocked, the rape and murder of a girl of nine years.
However, there are also other cases such as homicides although not too many people involved as perpetrators and accomplices, and presented the conditions or "conditions" that the new CPP, identify 'complex cases ", are difficult to clarify, delaying thus more of the eight or sixteen months, set a deadline.
This is precisely what worries us too much, since we believe that if the new ruling CPP was in Lima, many cases not be clarified, as stakeholders solicited term control of the preliminary investigation judge and legally motivated to file the case, by an acquittal, which would be the triumph of impunity.
investigations in complex cases
There are also serious limitations and counterproductive in the standards noted, regarding the investigation of crimes such as homicides, even worse, is the problem, considering the mega- , which are being investigated 20, 30, 40 or 60 or more people. So to cases such as these, eight or sixteen months are still almost nothing.
In this regard, should be considered that people who commit crimes are also intelligent beings, capable and skilled, and if planned and / or organize, they could pose serious challenges for operators pursuing the crime. In such circumstances, it may be thought to exist or "formulas" magic soothsayers to ascertain the facts. This means that each case will require a consistent commitment to representing particular difficulty.
Another rule to be corrected is also shown in the art. 324.2 relating to confidentiality of any action or document that the law has been considered the prosecutor may have to be maintained, for only 20 days, may be extended, by the judge of the preliminary investigation, only up to 20 days. Such term does not really help much and would be bringing down the investigation.
FLAGRANCY
Another issue is research on criminal cases of flagrante delicto or in cases of serious crimes (kidnapping, extortion, aggravated robbery), which is achieved in the early stages, arrest responsible, being wrong in such circumstances, it is intended that the arrested person can only be pregnant for 24 hours.
In such cases, the issue of detention for only 24 hours appears to be a fatal situation and pro impunity, since it would mean that we have imagined that all the facts which hold off the charge in the first hours or so blatant, and some art would become illegal clarify, within 24 hours, or worse, it is assumed that in no case will require more actions that may be made within 24 hours. This topic would
simple solution, extending the possible time to 15 days detention, as requested by the police conducting the investigation of crimes. Moreover, we believe that in each case, the maximum duration, ie 15 days, sustained way be justified.
For the public interest and the common good
Before the concrete knowledge of the difficulties faced in conducting investigations of crime, discarding any carelessness or laziness, has to apply in the public interest and the common good, that Congress worry about dealing with this reform.
Indeed, the TC, a new sentence (Exp. No. 03245-2010-PHC/TC), you just made, repeating his call to the Parliament, the foundation 11 (Case Analysis), recalling the term appears in the code "does not fit with social reality and with the powers for the Attorney General ...".
For example, under the rule of eight months and eight others, would not be cleared for vernacular singer Alicia Delgado,
because the investigation is now 17 months and still perform research activities . The same happens with the cases referred to Claudina Herrera, the murderer of the suitcase, or businesswoman Miriam Fefer. In this respect it should be that many homicide cases only come to clarify the two or three years, and up to four years
occurred.
In conclusion, if Lima was under the rule of the new Criminal Procedure Code should be resigned to accept that he had been dismissed or, in the immediate future, will be dismissed all the cases cited, via the control period of the preliminary investigation, because the legislature did not consider certain criminal cases possess unusual difficulties in his enlightenment, without taking as a motive the negligence of the operators.
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