MODIFICATIONS. COMMISSION INITIATIVE TO DELIVER THE CHAIR OF THE CONGRESS
the draft legislation to amend the text
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| liberties would improve standards, restrictions and responsibilities |
The special committee reviewing the Penal Code concluded the drafting of the new draft Penal Code, incorporating various proposals on issues such as limited liability, minimum sentence of imprisonment, restrictions and prohibitions, provision of community services, among others.
This document will be delivered to the President of Congress to be derived after the legislative groups Justice and Human Rights, said the head of the commission, Carlos Torres Caro, who explained that the proposal consists of five titles. The first relates to general provisions applicable to international crimes. The second rule
the crimes of genocide, the third deals with the various forms of crimes against humanity. The fourth defines crimes against international humanitarian law, qualified as war crimes, and the fifth, the rules common to all types of crime.
"We ended the draft. It only remains for Parliament to take responsibility and, under age 20 who meets the Penal Code, can realize the great reform in criminal matters that the country needs, "said Torres.
Thus, among the most outstanding innovations made by the commission is limited to the incorporation in the first section of the prohibition of Ne bis in idem, essential principle of a code guarantees. It is also argued that the limited liability of those under age 21 and those over 18 is extended to all crimes.
has increased the minimum sentence of imprisonment to two years. "This reflects the fact that at present the standard (two days) is ineffective and is not consistent with the search effective solutions to the problem of illicit gain, "he said.
According to Articles 31 and 53 of the bill, the penalty rises limited rights of five years and agreed to the applicability of crimes against humanity.
The draft finally recommended to extend the limits of length of disqualification from main and accessory that will be up to ten years. Also include new restrictions and prohibitions, such as not reside in certain places or go to them to not approach the victim, their family members or others that requires the judge, or not communicate with them.
is given also more threatening to the penalty area to provide services to the community by excluding imprisonment for minor offenses and authorize its application to medium severity.
Protection life
In regard to the special part, is a systematization of criminal penalties, taking as reference the protection of life because it is the most important legal asset of our legal system.
After extensive debate, with various institutions and civil society representatives, members of the review committee approved, likewise, decriminalization of abortion in exceptional cases, such as therapeutic abortion, eugenic abortion and abortion for rape. Fixed
also a legislative error that was the subject of several plenary agreements against their limitations. Thus, sex is decriminalized under 18 and over age 14 with consent. This happens as an aggravating factor in the basic rate of rape, when done without consent.
More
consensus The special committee reviewing the Penal Code, after about 50 regular meetings and information sessions and 20 work public hearings over a period of two years and working environment, concludes the work entrusted to the Law N ° s. 29153, 29295 and 29435.
This review process began in April 2008, had three sources for the origin of the proposals for reform: internal source, external prior.
various hearings were also held with the participation of members of the judiciary, Public Ministry, National Police, Sunat, BCR, SBS, Indecopi, Fire Corps General, Ministry of Defence and the Environment, Asbanc, Chamber of Commerce Lima, SNI, ONPE Reniec, Comptroller General, JNE, INC., a total exceeded 80.
Improvements workers
human resource management will be important, especially when it is a constant in almost all steps of the state power demand of workers for better wages, how it intends to address?
"Here the focus is economic empowerment. Obviously, we need very large for our workers, which are the lowest paid sector, but it is important to link this issue with productivity and rearrangement of the system. Look closely at the legal system of legal employment and gradually improving their income. A serious prospect I think the work undertaken with teachers, rigorous, training, evaluation, improvements and facilities, as well as the commitment to act with objectivity, because justice is not only the judges but to all judicial personnel, and I know them There is this mystique and common perspective, it's about giving the treatment is of the quality of service they provide.
Strategies 1
unconditional defense of judicial independence and autonomy of the judiciary.
2 To preserve the quality of jurisprudence and optimize the processes of control.
reforms to ensure efficient operation and autonomous institution.
4 Develop and institutionalize a systemic relationship between the areas of planning, budgeting and administration.
5 Improve the configuration of work processes as well as common judicial services.
6 proposes a new organization for judicial office.
7 Gaining the support of international cooperation.
8
getting closer to citizens through the provision of a service rather efficient, accessible and better coverage.
9 Ensure transparency in the judicial and administrative task. In addition, strengthening the work of the OCMA and the inspectorate of the judiciary.
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