ACT No. 9024 (*)
(*) In accordance with the First article of the Administrative Resolution N° 390-2014-CE-PJpublished on 19 December 2014, approved the incorporation of the cars that they did not place the opening of the criminal process in any of its modalities (processes ordinary, briefs, complaints, among others), as item of production of the Criminal Courts that apply the Code of Criminal Procedures of 1940, with the exclusion of the criminal proceedings regulated by the New Criminal Procedure Code 2004; reformulándose for this purpose, the Methodological Guide and the Primers Instructive that apply to you.
(*) Code of Criminal procedure, is repealed by the Paragraph 1 of the Third Provision Amending and Repealing Legislative Decree N° 957published on 29 July 2004; the same shall take effect in accordance with the Numerals 1 and 2 of the First Final Provision of the Supplementary Provisions of the aforementioned Legislative Decree, which provides that " the New Code of Criminal procedure shall enter into force progressively in the different Judicial Districts, according to an Official Calendar, approved by Supreme Decree, issued in accordance with the provisions of Legislative Decree to establish the additional rules and implementation of the Code of Criminal Procedure, specifying in addition to that, the day 1 July 2006 shall be put in place this Code in the Judicial District designated by the Special Commission of Implementation created by the Legislative Decree No. 958. The Judicial District of Lima will be the Judicial District that will culminate the progressive implementation of the same Code, in accordance with the amendment introduced by the First article of the Law N° 28671published on 31 January 2006.
Date of Enactment : 23-11-39
Constitutional president of the Republic.
As:
The Constituent Congress has been granted legislative powers to the Executive Power, in virtue of the law No. 8463;
Whereas:
The Commission appointed by Supreme Resolution of August 25, 1937 to practice the review of the Draft Code of Criminal procedure has elevated the respective Project.
With the vote in approval of the Council of Ministers;
THE EXECUTIVE POWER
Has given you the law as follows:
Article First.- Promúlguese the following Code of Criminal Procedures, which shall be applicable to all the territory of the Republic, starting on march 18, 1940, inclusive.
INDEX
PRELIMINARY TITLE
GENERAL PROVISIONS
Article 1.- The criminal process develops in two stages: instruction, or period investigatorio and the trial, which is done in single instance.
Article 2.- The criminal action is public or private. The first is exercised by the Public prosecutor's office of its own motion or at the instance of the party aggrieved, or by popular action in the cases authorized by law. The second directly by the offended party, in accordance with the special procedure for complaint, that this Code sets.
Article 3.- When in the course of civil procedure appear prima facie evidence of the commission of an offence prosecuted ex officio, the judge shall give knowledge to the representative of the Public prosecutor to initiate criminal action appropriate. In this case, the judge shall suspend the processing of civil, whenever it deems that the criminal judgment may influence which must be issued on the civil lawsuit. The act that suspends a civil trial, it is susceptible of appeal in both effects and nullity.
Article 4.- When against the criminal action is to promote issues that need to be resolved previously to establish the fact whether defendant has the character of a criminal, the judge instructor's rise to criminal Court, with citation of the aggrieved.
The Court resolved, without any other formality which the summons to the person concerned and the view prosecutor, if he should continue the criminal proceedings or not.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 4.- Against the criminal action can be promoted issues prior, when not attend any element of the procedure and the questions referred for a preliminary ruling to establish the character delinquent to the fact imputed, resolved, as a result, if the criminal proceedings should continue or not.
The issues prior to or referred for a preliminary ruling may only be deduced after borrowing the instructive and even before they submit the statement to the Fiscal Agent for its final opinion; sustanciándose in accordance with Article 90. The upcoming after will be considered as a defense argument« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126 published on 15 June 1981, the text of which is as follows:
« Article 4.- Against the Criminal Action may be pursued:
a) Previous Questions and
(b) a preliminary ruling
Prior Issues come when you miss a requirement of the procedure and can arise in any state of the cause, or be resolved by trade. If it is declared to be founded, will void the actions giving not filed the complaint.
The Questions referred for a preliminary ruling from when you need to settle in another way the character delinquent to the fact imputed to, and may only be deducted after borrowing and instructive to refer the statement to the Provincial Prosecutor for the final rule, sustanciándose in accordance with article 90. If it is declared to be founded, it shall suspend the procedure; if it is after, it will be considered as a defense argument.
The Question in favour of one of the processed benefits others, provided they are in the same legal situation.«
Article 5.- Against the criminal action can be promoted to the exceptions of personality, the nature of the judgment, res judicata, amnesty and statute of limitations. If it is determined that founded any of them, will void the instruction that is taking place.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 5. – Against the criminal action can be promoted to the exceptions of incompetence, lack of personality, the nature of judgment, res judicata, prescription and amnesty. If it is determined that founded any of these will void the criminal process. These exceptions may be deducted by the person in any state in the process. When it is deducted in the statement is sustanciarán in accordance with Article 90. The criminal Court, is in a grade appeal or when the exceptions are deducted before him, the resolve of the third day, without any further proceedings that the opinion of the representative of the Public Ministry, placing himself in the knowledge of the civil party.
Exceptions for prescription and amnesty can be resolved ex officio by the Judge« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126 published on 15 June 1981, the text of which is as follows:
"Article 5.- Against the Criminal Action, may be deduced the Exceptions of the Nature of Judgment, the Nature of Action, res Judicata, Amnesty and statute of Limitations.
The Nature of Judgment is deductible when it has been given to the complaint a holding different than the one corresponding to it in the criminal process.
The Nature of Action, if the defendant is not a crime or is not justiciable criminally.
The Exception of res Judicata, where the respondent has been the subject of a firm resolution, national or foreign, in the criminal proceedings against the same person.
The Exception of Amnesty comes in reason of Law that relates to the offence the subject of the process.
The Exception of a Prescription can be deducted when by the course of time, in accordance with the time periods stipulated by the Criminal Code, it extinguishes the Action or the Penalty.
Exceptions may be deducted in any state of the process and can be solved ex officio by the Judge. If you declare founded the exception of the nature of judgment, they will regularize the procedure according to the procedure that corresponds to him. If it is determined that founded any of the other exceptions, will be given for late in the process and will be archived definitely the cause.«
Article 6.- The peruvian outside the territory of the Republic has committed a crime punishable by national law and by the country in which you are committed, you can be judged on his return to Peru.
Article 7.- The alien out of the territory of Peru is guilty, as a perpetrator or accomplice of a crime against the security of the State or of counterfeiting of currency, banknotes or documents of the national, will be judged according to the peruvian laws if it is arrested in Peru or if the Government obtains his extradition.
Article 8.- Not applicable to the persecution against the peruvian who has transgressed out of the country or the alien who committed a crime in Peru, if one or the other credited that has been previously tried by the same fact and acquitted, or that has served the penalty, obtained his remission or she has prescribed.
BOOK FIRST
OF JUSTICE AND OF THE PARTIES
COMPETITION
Article 9.- Corresponds to the Ordinary Criminal courts, the investigation and prosecution of the offences and common faults.
Article 10.- The investigation and prosecution of the offences committed by officials in the exercise of his office; for under the age of eighteen years; or that by its nature or by the personal status of the agent are subject to the special laws, shall fall under the jurisdiction exclusive of the Supreme Court of the Republic, the Courts, Corrections, the special Juvenile Court or of War, Military, Naval, or Police, according to the cases.
Article 11.- Administered by the Ordinary Criminal courts:
1.- The Supreme Court of the Republic;
2.- The Courts Corrections;
3.- The Judges Instructors; and
4.- Justices of the Peace.
Article 12.- – Justices of the peace instruct in the processes by faults. It is understood that constitute offenses against the body and the health of the minor injuries that require assistance optional up for a six-day period, provided that there are no circumstances which give gravity to the fact.
In the case of faults against the estate, the justices of the peace are competent to instruct the processes when it is a question of misappropriation of money, species or animal, verified by means of skill, or in strange conditions to all serious violence, and provided that the value of these deletions, estimated prudencialmente, not to exceed two hundred suns gold. It is also the jurisdiction of the justices of the peace to instruct in the cases specifically set out in the paragraphs first, second, third, fourth, seventh, and eighth article three hundred ochentisiete of the Criminal Code,(1)when it comes to violations that do not represent a greater amount of two hundred suns gold.(*)
(*) Article amended by the Article 1 of Law No. 13674, enacted 20 July 1961, the text of which is as follows:
"Article 12.- – Justices of the Peace will instruct the processes for offenses against the body and health assistance required, optional, or produce impairment of work, for up to eight days, provided that there are no circumstances which give gravity to the fact.
It is also the jurisdiction of the justices of the Peace to instruct the processes for minor infractions against the estate, consisting of the extortion of money, species or furniture, verified by means of skill, or in strange conditions to all serious violence and when the estimated value prudencialmente not to exceed one thousand two hundred suns of gold (S/. 1,200.00).«(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 12 .- Corresponds to the justices of the peace to instruct the processes for offenses against the body and health assistance required, optional, or produce impairment of work for up to 10 days, provided that there are no circumstances which give gravity to the fact.
In the case of minor infringements against the estate comprised in the extortion of money, species, animals or furniture verified by means of skill, or in strange conditions to all serious violence, the justices of the peace without competent to instruct the processes whose estimated value prudencialmente do not exceed 10 thousand suns.
The Court Supreme Justice of the Republic shall regulate every five years, the amount referred to in the previous paragraph, in accordance with the socio-economic conditions of the country and the operational capacity of the administration of justice« .(*)
(*) Article amended by the Article 1 of Law No. 24965published on 22 December 1988, the text of which is as follows:
"Article 12.- – Justices of the Peace, will instruct the processes for offenses against the body and health assistance required, optional, or produce impairment of work for up to ten (10) days provided that there are no circumstances which give gravity to the fact.
It is also the jurisdiction of the Justices of the Peace, to instruct the processes for minor infractions against the estate, consisting of the extortion of money, species or furniture, verified by means of skill, or in strange conditions to all serious violence and whose estimated value prudencialmente not to exceed two times the minimum wage vital force for the workers of the Industry and Commerce of the Province of Lima, on the date on which the offence was committed. In all cases shall have the power of failure.« (*)
(*) Confront with the Act No. 27939law , law that establishes procedures in cases of faults, published the 12 February 2003. (*) NOTE SPIJ
Article 13.- Judges, instructors and judges ad-hoc appoint to special cases, instruct the processes for common crimes, considering, among them those referred to in subsections 5 and 6 of article 387 of the Criminal Code. (1)Corresponds to the first fail in the instructions for mistakes.
Corresponds also to those judges instruct the processes for crimes of a printing or other means of advertising according to this Code.
Article 14.- The Courts, Correctional judge crimes; solve all the articles and incidents that arise in the course of instruction; and they shall know in the appeal of the judgements handed down by the judges instructors in the processes taught by the justices of the peace.
Also corresponds to such Courts know of the offences referred to in the third subparagraph of article 80 of the Organic Law of the Judiciary,(2)for the effect of which shall designate from among its members a Vocal instructor and will complete their number, according to the law.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 14.- The Courts, Correctional judge crimes and solve the articles and incidents that arise in the course of instruction that may be of your competition, and you will know on appeal of decisions given by the Judges Trainers.
Also corresponds to such Courts know of the offences referred to in subsection eighth of article 141 of the Organic Law of the Judiciary, the effect of which shall designate from among its members a Vocal Instructor and will complete their number, according to the law.«
Article 15.- The Supreme Court of Justice shall know of the resolutions issued by the Courts, Corrections, against which this Code grants the annulment action. Will, likewise, complaints, issues of jurisdiction and extradition, in accordance with the laws.
Article 16.- Corresponds to the Supreme Court, in the Room Full, and prior to the formalities that determines this Code in the respective degree, resolve the petition for review; and exercise administratively the special powers of surveillance in criminal matters, without prejudice to the other powers that you agree to the Organic Law of the Judiciary. (2)(*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“Article 16.- Special powers of the Supreme Court and the Executive Council of the Judiciary
1. The Supreme Court, through its competent bodies, to exercise administratively the special powers of surveillance in criminal matters, without prejudice to the other powers that you agree to the Organic Law of the Judiciary.
2. The Executive Council of the Judicial Power, in exercise of the powers provided for in the Organic Law of the Judicial Power, when it deems appropriate, may establish a specific system of criminal jurisdiction in cases of particularly serious crimes, and particularly complex or massive, and always having repercussions national, its effects are beyond the scope of a District Court or when they are committed by criminal organizations.
In these assumptions will be able to establish a system of territorial organization of national or which comprises more than one Judicial District. Also may establish a functional integration of courts and Halls Superior Criminal of the various Judicial Districts of the Republic to the national competition, in matters of competence of the past, or assign the knowledge of other crimes to the courts of the national competition.
3. The Criminal Chamber of the Supreme Court of Justice, before the formalities that determines this Code in the respective Degree, is the competent body to resolve the petition for review” .(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 16. – Special powers of the Supreme Court and the Executive Council of the Judiciary
The Supreme Court and the Executive Council of the Judiciary have the following special powers:
1. The Supreme Court, through its competent bodies, to exercise administratively the special powers of surveillance in criminal matters, without prejudice to the other powers that you agree to the Organic Law of the Judiciary.
2. The Executive Council of the Judicial Power, in exercise of the powers provided for in the Organic Law of the Judicial Power, when it deems appropriate, may establish a specific system of criminal jurisdiction in cases of particularly serious crimes, and particularly complex or massive, and always having repercussions national, its effects are beyond the scope of a District Court or when they are committed by criminal organizations. In these assumptions will be able to establish a system of territorial organization of national or which comprises more than one Judicial District. Also may establish a functional integration of courts and Halls Superior Criminal of the various Judicial Districts of the Republic to the national competition, in matters of competence of the past, or assign the knowledge of other crimes to the courts of the national competition. The crimes of drug trafficking and money laundering; and, crimes of kidnapping and extortion affecting officials of the State, may be made known to the Judges of the Capital of the Republic, irrespective of the place in which they were perpetrated.
3. The Criminal Chamber of the Supreme Court of Justice, before the formalities that determines this Code in the respective Degree, is the competent body to resolve the petition for review.”
Article 17.- For training and prosecution of the offences referred to in article 114 of the Organic Law of the Judiciary, (2)the Supreme Court shall observe the procedure established in this Code, pointing to the effect of the Second Chamber in criminal Court with three members and designating Vocal Instructor at least old.
The First Room you will meet the annulment action that may be required.
Article 18.- Always in a statement for crimes or offenses, appear complicated under the age of eighteen years, credited the age, it will cut the procedure in respect of them and they will be available to the Juvenile court.
Article 19.- The competition between the judges trainers of the same category is set:
1.- By the place where they committed the fact delinquent;
2.- For the location where you have discovered material evidence of the crime;
3.- For the place in which he has been arrested the accused; and
4.- For the place in which he has his domicile of the defendant.
Article 20.- The causes for related offences that apply to judges of different category or different place, will be accumulated before the investigating judge with jurisdiction over the most serious offence and, in case of doubt, to the competent judge for the last crime, except as provided in article twenty-two.(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 20.- The causes for related offences that apply to judges of different category or different place, will be accumulated before the investigating Judge has jurisdiction to hear the most serious offence and in case of doubt, to the competent Judge for the last crime, except as provided in Article 22.
The buildup to that referred to in the standard third of the Article 1 of Law No. 10124, you may only be available at the request of the Public Ministry, and provided that there is no opposition of prisoner in jail.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 20.- Accumulation and pay-out, or Separation of processes
1. The causes for related offences that apply to judges of different category or different place, will accumulate to the Judge Criminal jurisdiction for the most serious offence and, in the case of crimes conminados with the same penalty, to the competent Judge for the last crime, except as provided in article 22.
2. The accumulation can be decided ex officio or at the request of the Prosecutor or of the other parties. Corresponds to process this request and the decision of the Criminal court, referred to in the preceding paragraph.
3. Without prejudice to the provisions of article 21, the accumulation will be available when necessary to ensure the comprehensive knowledge of the crimes object of instruction, except that the build-up may cause serious and founded delay in the administration of justice. The resolution passed in this regard will be especially motivated.
4. Exceptionally, with the sole purpose to simplify the procedure and to decide with speed, provided that there are sufficient elements to be able to learn independence, ex officio or at the request of the Prosecutor or of the other parties comes from both the pay-out, or separation of processes accrued as of charges or related crimes, requiring investigations or proceedings, or special terms longer for his conduct in the investigation or at trial, unless it was deemed that the unit is required to prove the facts. Also comes the pay-out or separation, with the precautions already set forth, when certain defendants do not appear, for various reasons, the proceedings of the trial.
5. Against the decision of the Criminal court, which issued in all these cases proceed on appeal without suspensive effect, the same shall be dealt with in separate cover. If the resolution of the issues in the first instance the Criminal Upper, comes nullity if it is issued during the middle stage. If the resolution is passed in the course of the trial, the nullity proceeds with the character of deferred, the same will rise at the judgment that resolved on the merits of the case” .
Article 21.- There is a connection:
1.- When is imputed to a person the commission of several crimes, even if committed on the occasion and place different;
2.- When several individuals appear responsible for the same punishable act as perpetrators of, and accomplices;
3.- When several individuals have committed various crimes, even if it is in time and in different places, if it is preceded concert among the guilty; and
4.- When crimes have been committed in procuring the means of committing the other, or to facilitate or consummate their execution or to ensure the impunity.
Article 22.- In all cases of connection, the Court of Corrections that depend on the judges to trainers, you can freely point out which of them is the one that should instruct the process. In the case of the judges to trainers belonging to Courts, Corrections and diverse in doubt about the gravity of the crimes, the jurisdiction shall be determined in favor of the investigating judge appointed by the Court of Corrections who prevented.
Article 23.- When a judge having knowledge that another of the same category comprises the statement at the same defendant, or instructs about the same offence or offences related, without prejudice to continuing to educate, celebrated immediately by another magistrate stating the reasons that he has had to embarking the statement, leaving it up in the car.
Article 24.- If the judge who receives the office finds that the statement does not correspond to it, it will send the actuated to the investigating judge officiant, letting him know the accused, the Public prosecutor's office and the civil party, who may request, if they believe it to be unfounded inhibition, which rises to the Tribunal Correctionnel respective the office of the investigating judge claimant and, in addition, an exhibition of the reasons that has had the judge instructor inhibited to discard the knowledge of the cause.
Article 25.- If the judge who receives the request to create his duty to continue, knowing the cause, it will continue the instruction sending of office at the Tribunal Correctionnel the requirement and the explanations referred to in the previous article.
Article 26.- When a judge knows that the top of the same jurisdiction known of the facts that he instructs, it shall immediately, asking bugzilla if you must send the acted out.
When the superior has the knowledge that at the bottom is a statement whose judgment is entitled, prompt ex officio or at the request of the Public prosecutor or of the accused or of the civil party, the remission of acted out.
Article 27.- When the accused, the Public prosecutor or the civil party, decline jurisdiction, and the judge finds founded the motion, it will send the actuated to the competent judge or, on the contrary, without suspending the statement, referred to the Tribunal Correctionnel the proposed exception and, in addition, a report with the reasons on which he founded his jurisdiction.
Article 28.- The criminal Court shall rule on the competition or resolve the objection to jurisdiction, without further ado that the hearing to the prosecutor. If the copies submitted is considered to be insufficient, the Court, ask for a short term, in the statement.
The decision of the Court of Corrections, in case of competition or declination of jurisdiction, applicable, the remedy of annulment.
When you engage in competence between courts of different jurisdiction over the prosecution of the same offense or crime related, corresponds dirimirlas to the Courts, Correctional facilities, if it comes to judges, trainers of the same Judicial District, and to the Supreme Court if it comes to judges, trainers, a diverse District Court or skills are brought to the same Tribunal Correctionnel.
REPEAL
Article 29.- The judges in the criminal proceedings can be challenged by the accused or by the civil party, in the following cases:
1.- If you are aggrieved by the fact punishable;
2.- If you have seen the criminal act and I matched them as witnesses;
3.- If you are or have been spouses, legal guardians or curators of the accused or the injured;
4.- If they are blood relatives up to the fourth degree, related to the second, or adoptive or spiritual with the accused or with the aggrieved person;
5.- If you have been relatives related through second grade, although it has been dissolved the conjugal partnership, which caused the affinity;
6.- If you are creditors or debtors of the accused or the aggrieved; and,
7.- When you have been involved in the statement such as lower-level judges, or played by the Public Ministry, or involved as experts or witnesses, or by having been advocates of the accused or the aggrieved.
MATCHES: R. N° 071-2005-MP-FN-JFS, Art.62
Article 30.- The judges shall be inhibited ex officio when the occurrence of any of the above causes.
Article 31.- You will also be challenged as a judge, though not under the grounds specified in article 29 provided that there is a probable cause for that can be no doubt as to his impartiality. This reason should be explained with utmost clarity in the writing of the disqualification, or to pay the defendant the first pretrial statement. In this last case should be typed verbatim on the circumstances alleged by the declarant. For the same reason can the Public prosecutor's office asked the judge to defer to its competence.
MATCHES: R. N° 071-2005-MP-FN-JFS, Art.62
Article 32.- If the investigating judge is inhibited, either voluntarily or at the request of the Public Ministry, or accepting the challenge, this will be communicated to the Public prosecutor, the accused and the civil party, and will pass the actuated to the call by the law, taking account of the fact to the Tribunal Correctionnel.
Article 33.- If the Public prosecutor, the accused or the aggrieved is not satisfied with the inhibition of the judge, or if he does not agree to the challenge, this will immediately rise to the Tribunal Correctionnel the separate notebook that must be formed, containing all concerning the incident of disqualification or inhibition, as well as the report on the alleged issue, the examining magistrate and the Public prosecutor's office, when it is not he who had applied for the inhibition. The judge in his report shall indicate the name of the people who can take charge of the instruction. The judge suppressed or challenged only be able to act, during the pendency of the incident of the disqualification, the proceedings listed in the following article.(*)
(*) Article amended by the Article 1 of Law No. 27652 published on 24 January 2002, the text of which is as follows:
"Article 33.-
If the Public prosecutor, the accused or the aggrieved is not satisfied with the inhibition of the judge, or if he does not agree to the challenge, this will immediately rise to the Upper Room, the separate notebook that must be formed, containing all concerning the incident of disqualification or inhibition, as well as the report on the alleged issue, the examining magistrate and the Public prosecutor's office, when it is not he who had applied for the inhibition. The judge in his report shall indicate the name of the people who can take charge of the instruction. The term of the instruction is suspended when the judge has rejected the grounds of the objection. The judge suppressed or challenged only be able to act, during the pendency of the incident of the disqualification, the proceedings listed in the following article.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 33.- The process of the inhibition and the challenge
1. If the Public prosecutor, the accused or the prosecutor does not conform with the inhibition of the judge, or if he does not agree to the challenge, this will immediately rise to the Criminal than the separate notebook that must be formed, containing all concerning the incident of inhibition or disqualification, as well as the report on alleged issued by the Criminal court, with knowledge of the Provincial Prosecutor, the recusante and of the other parties.
2. The process of inhibition or disqualification does not suspend the parent process or the carrying out of procedures or procedural acts which are to be made necessarily with the concurrence of the Public prosecutor's office and notification to the parties. In any case, the judge shall refrain from issuing any resolution which will put an end to the instance or process.
3. The Criminal Chamber Top, at the request of a party, duly justified, may provide by means of a car and on assumptions reasonably serious, the judge inhibited or disqualified temporarily suspend all activity, procedure or a limit to the fulfillment of urgent acts. For these purposes, if necessary, the Room can be asked to report to the Judge of the proceedings made or scheduled to do so, which shall be issued at the end of a day” .
Article 34.- These proceedings are the following:
The inspection itself and with compulsory attendance of the person who plays the Public Ministry, and experts, if necessary, of the place in which the offence was committed; the recognition and identification of the effects of it; the pick of the weapons, instruments or objects of any class that have a relationship with the fact that investigates; the pretrial statement no later than twenty-four hours of the arrest of the person accused as responsible, with assistance as necessary of the advocate; the statement of the witnesses, who shall be compulsorily in the presence of the person who plays the Public Ministry, being optional in these cases, the assistance of the civil power, to which we will quote in advance, and to be entitled the accused or his advocate to make the witnesses offered by the civil party and through the judge's questions or ask for clarification on its relevance will qualify the judge, sitting record in the same act, I solved it, in case of comments; and the presentation of expert reports, reserving its ratification and testing until you resolve the incident of challenge.
The judge may also issue the detention order is final or provisional, depending on the case, and instituted the extent of lien on the assets of the accused that are sufficient to ensure prudencialmente the payment of the civil remedies that may be, pending the incident of challenge. The judge may not grant the freedom of the accused, but after being resolved the incident.(*)
(*) Article amended by the Article 1 of Law No. 27652 published on 24 January 2002, the text of which is as follows:
“ Article 34.- These proceedings are the following:
The inspection itself and with compulsory attendance of the person who plays the Public Ministry and experts, if necessary, of the place in which the offence was committed; the recognition and identification of the effects of it; the seizure and the collection of weapons, instruments or items of any kind that have a relationship with the fact that investigates; the pretrial statement, with necessary assistance of the ombudsman; the statement of the witnesses shall be compulsorily in the presence of the person who plays the Public Ministry, being optional in these cases, the assistance of the civil power, to which we will quote in advance and to be entitled the accused or his advocate to make the witnesses offered to the civil party and through the judge's questions or ask for clarification on its relevance will qualify the judge, sitting record in the same act, I solved it, in case of comments; the confrontations, the awards and the presentation of expert reports, reserving its ratification and testing until you resolve the incident of challenge.
The judge may also issue the warrant of arrest or summons, as the case may be, and to decree the extent of lien on the assets of the accused that are sufficient to ensure prudencialmente the payment of the civil remedies that may be, pending the incident of challenge. The judge may not grant freedom to the accused recusante but after being resolved the incident.
The challenge posed by an accused does not affect the processing of the joints, incidents and requests to be promoted by the others processed.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 34.- Deadline for the filing of the Challenge
1. The challenge must be brought within the third business day of the known causal invoking.
2. If the cause lies in the Superior Court or in the Supreme Court, the objection must be lodged up to three business days before being summoned to the parties to the conclusion of the hearing or sight of the cause.”
“ Article 34-A. - Rejection in limine of the challenge or order of inhibition.
1. The order of inhibition of the Prosecutor or the application of the disqualification must be refused flat out in the following cases:
(a) If in written inhibition or disqualification does not specify the causal invoked;
(b) If the causal manifestly inadmissible;
(c) If you do not provide the evidence necessary to prove the causal;
d) If the order of inhibition or disqualification is formulated when the cause is already issued to resolve.
2. Against that resolution is appropriate, within three days, appeal, which will be granted without suspensive effect. The Room will absolve the previous grade opinion of the Attorney Above. The opinion and the self-view will be issued within three days” .(*)
(*) Article incorporated by the Article 2 of Legislative Decree N° 959published on 17 August 2004.
Article 35.- As a test of the causes of disqualification, the accused or the aggrieved may file the written certification of one or more persons, with the signature certified by a notary or justice of the peace. The investigating judge and the Public prosecutor's office, in the report that eleven of the Court, shall issue his opinion on the authenticity and condition of the signatories.
Article 36.- The criminal Court shall resolve the matter without further proceedings for the hearing of the Public Ministry, within the third day. With the resolution of the Tribunal Correctionnel is finished the incident and there is no nullity. May not be renewed the challenge for the same cause; but at any state of the instruction can be proposed for a cause new.(*)
(*) Article amended by the Article 1 of Law No. 27652 published on 24 January 2002, the text of which is as follows:
"Article 36.- The Superior Room, received the notebook for disqualification or inhibition send it on the day of its receipt directly to the Fiscal, who shall give an opinion within twenty-four hours, under the responsibility. The Upper Room will resolve the issue without further ado, within three days, with or without the opinion of the Prosecutor, under the responsibility. The recusante can exercise their right of defence within the stipulated period immediately prior to, and must apply for the use of the word in the same day of entry of the record to the Superior Room or in writing as appropriate to your right. The oral report may be made within the same period. With the resolution of the board is over the incident and there is no nullity, and must be returned the notebook to the Court on the day. May not be renewed the challenge for the same cause; but at any state of the instruction can be offered a new cause.«
Article 37.- The challenge against the justices of the peace shall be lodged verbally to himself and in the presence of two witnesses, spreading on the record the reasons on which it is based. Prior to the procedure prescribed in the preceding articles, the investigating judge, without a hearing of the Public Ministry, will resolve the challenge within the third day. Against this resolution is not appropriate recourse.
Article 38.- When, in the judgment of the criminal Court has not in the place that should be opened or followed the instruction, judge expedient, either by reason of disqualification or inhibition, by doubt on his impartiality, or by the severity or complications of the crime, may appoint a judge ad-hoc, which may lie this appointment in his Secretary or Rapporteur, or in any attorney. In these cases, the criminal Court shall fix the fee that must be paid.
Article 39.- The lawyer that you follow a statement, in the cases of the preceding article, shall have one year of payment in its antiquity as a professional, and the time spent in the statement will be in his service, when any place.
Article 40.- The disqualification of one of the members of the Tribunal Correctionnel, shall be brought before the same Court to which, subrogándosele in accordance with law. In the incident respective the Vocal challenged will issue a report within twenty-four hours. If it is on the grounds alleged, the Court Correctional decide what he deems legal. If it contradicts it, is open to test for forty-eight hours, and, upon sight of attorney will issue resolution. Against the resolution which it is issued, in both cases, the resource comes from invalidity.
In case of inhibition of a member of the criminal Court, after hearing the Public prosecutor, the Tribunal formed pursuant to the provisions of this article, you will solve what is convenient. This resolution comes nullity.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
«Article 40.- The challenge against one of the members of the criminal Court are heard by the same Court, for up to three days before that fixed for the hearing.
With the development of the disqualification will be accompanied by exhibits that support the same. Form notebook apart, with transfer to the Vocal challenged who shall have the period of two days to observe them, and provide proof of instrumental download. Pre-view prosecutor, the Court shall resolve the challenge in a day.
If the Vowel should be in the causal invoked, the Court, without any other formality, the resolve in the same period.
The challenge against the Vocal of a one-man Court, will be presented up to 3 days before the hearing, before the criminal Court that is part of the Vocal challenged, with the same processing.
In both cases, declared to be founded to the challenge, the replacement will be in the form of a law.
Against the refusal of the Court applicable to the appeal of nullity.
In case of inhibition, the criminal Court formed under the provisions of this article, you will solve what is convenient at the end of a day, upon view of the Public Ministry. This resolution is not appropriate nullity".(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 40.- The challenge against one of the members of the criminal Court are heard by the same Court for up to three days before that fixed for the hearing.
With the development of the disqualification must be accompanied by the exhibits that support it, a requirement without which it will not be allowed. The incident is processed by separate notebook cumming transfer for three days, the Judge recused himself. Upon expiration of this term, the Court may, on View Tax, shall decide what is appropriate. If the Vowel should be in the grounds of disqualification, the Court, without further ado, issue resolution within the third day.
The Vocal may only be inhibited in the cases expressly referred to in Article 29.
Against the decision of the Court applicable to the Appeal of Nullity.» (*)
(*) Article amended by the Article 1 of the Law N° 28117published on 10 December 2003, the text of which is as follows:
“ Article 40.- The challenge against one of the members of the Criminal will be brought to the same Room for up to three days before that fixed for the hearing. It is inadmissible to the challenge posed outside of that term, except in the case of a ground of challenge is expressly provided for in article 29, and always has been or known a later date or that the Room is confirmed, late, in which case the term shall be counted from the moment of installation.
With the development of the disqualification must be accompanied by the exhibits that support it, a requirement without which it will not be allowed. The incident is processed by separate notebook cumming transfer for three days, the judge recused himself. Upon expiration of this period, the Hall, having seen Prosecutor, shall decide what is appropriate. If the Vowel should be in the grounds of disqualification, the board, without further ado, issue resolution within the third day. Against the decision of the Upper Room in which it is pronounced on the challenge, the resource comes from annulment, which will be resolved within the third day of receipt of the binder with the opinion of the Prosecutor Supreme that must be issued in the same period.
Against the resolution, which declares inadmissible a challenge applicable resource impugnatorio duly informed, the same does not suspend the prosecution of the process and the issuance of the judgment.
The vocal may only be inhibited in the cases expressly referred to in article 29.«
Article 41.- Members of the Public Ministry may not be challenged; but if they should recuse in cases where applicable inhibition,before the judges trainers or the Courts of that part. When the judge accepts the excuse, shall appoint the call for the law, to fill the functions of the Public Ministry, by giving notice to the Tribunal Correctionnel.
If the judge deems it inadmissible the excuse of the fiscal agent, shall be heard by the Tribunal Correctionnel.(*)
(*) Article repealed by the Article 106 of Legislative Decree No. 52published on 18 march 1981in regard to the intervention of the investigating Judge and the Court of Corrections in the excuse of a Fiscal Agent.
MINISTRY OF PUBLIC (*)
(*) Title III repealed by the Article 106 of Legislative Decree No. 52published on 18 march 1981.
Article 42.- The Public prosecutor's office is established by the Fiscal of the Supreme Court of the Republic, the Prosecutors of the Superior Courts, the Fiscal Agents and Promoters of Tax, in the absence of the latter are appointed by judges to trainers.
Article 43.- The Prosecutor of the Supreme Court, in criminal cases, exercises supervision over Prosecutors of Courts, Correctional facilities; and on the fiscal agents and promoters tax.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 43.- Prosecutors, Courts, Correctional exercise supervision over the Fiscal Alternates, the Fiscal Agents and Promoters Prosecutors will be able to recommend the separation of the process and the prohibition to intervene in other causes.
The Attorney Holder that by reason of the license, holiday, illness or any other temporary disability would have been replaced at the oral proceedings, to resume their functions, may intervene in the hearing of either state« .
Article 44.- The accused or the aggrieved when you consider that a Fiscal, fiscal agent or developer's attorney does not exercise properly the functions which the law assigns to it, you can, regardless of the procedure that is to be started or you're following, occur to the immediate superior, complaining of the action or omission that is considered improper. The top shall exercise the powers conferred on it by the Organic Law of the Judiciary,(2) and, if necessary, communicate the complaint to the Tribunal Correctionnel to take, the measures that it deems appropriate.
Article 45.- The powers and duties of the Public prosecutor:
1º.- Initiate the criminal action, if deemed appropriate. But if the complaint comes from the aggrieved person or his relatives to the fourth degree of consanguinity or second of affinity, shall be obliged to submit to the investigating judge;
2º.- Report to the Prosecutor respective judges to trainers that manifest partiality, carelessness or negligence. These complaints will be appreciated by the Tribunal Correctionnel whether to regularize the procedure, or to replace the judges to trainers;
3º.- Monitor and require compliance with all of the deadlines established by this Code for the investigation and trial;
4º.- Go to all the political authorities and the Judicial Police, according to the case, asking them to appear to the people whose concurrence deemed essential, as well as to provide you with the data and elements that are deemed necessary;
5º.- To exercise all powers and fulfill all duties set out in this Code and the laws in force.
Article 46.- Prosecutors will use in the instructions for offences which fall corresponds to the Higher Courts. In this case, the Court will appoint a Vocal instructor, which will depend on the Tribunal Correctionnel is formed.
The Prosecutor acting in a statement may not act in the audience.
Article 47.- If, in the Court of Corrections that need to know in a trial proprietary nothing but a Prosecutor, will be speaking at the statement, a Prosecutor substitute.
Article 48.- When the justices of the peace acting in place of the instructor, in the cases set forth in this Code, shall act as the promoter fiscal, necessarily, the Municipal Mayor of the District or, in his replacement, one of the Trustees.(*)
(*) Title III repealed by the Article 106 of Legislative Decree No. 52published on 18 march 1981.
JUDGE INSTRUCTOR
Article 49.- The investigating judge is the director of instruction. It corresponds, as such, the initiative in the organization and development of it.(*)
(*) Article amended by the Article 3 of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity the sixty days of publication, the text of which is as follows:
“ Article 49.- Faculty of management and control of the judge
The Criminal Judge is the director of instruction. It corresponds, as such, the initiative in the organization and development of it. Also, I task to ensure the compliance of the legal time limits of the preliminary investigation and the statement. Your failure to do so entails disciplinary liability” .
Article 50.- The investigating Judge shall appoint promoter attorney for each statement, when there is not in the province's fiscal agent, or the latter is prevented, and must fall to the appointment in a lawyer.And just lack of professional, in-person recognized the seriousness of the criminal Court shall appoint the promoter fiscal remember to replace the fiscal agent promoter that acts in a statement.(*)
(*) Article repealed by the Article 106 of Legislative Decree No. 52published on 18 march 1981.
Article 51.- When you follow instruction for homicide, provided that the judge instructor arrives to identify the body, to render judicial office to register the death in the Civil Registry.
If you do not discover the dead body of the victim, the order for the registration of the death certificate will be issued by the President of the Tribunal Correctionnel, after passing the self-archiving or interim judgment that set the offense.
Article 52.- The investigating judge can issue orders to the Police Court for the citation, summons or detention of persons; and require the services of officials, professionals, or technicians, who are part of it, for the operations that is necessary to practice.
Article 53.- The judge, at the end of the statement, shall issue a report, in which to study the crime and the responsibility of the accused. Be informed, also, in the incidents that rise to the criminal Court.
Hold strictly to the terms indicated in this Code, and shall refer to the Tribunal Correctional notices of the performance of the proceedings for which the law requires this requirement.(*)
(*) Article amended by the Article 1 of the Law N° 27994published on 06 June 2003, the text of which is as follows:
“Article 53.- The Criminal court Judge, at the end of the instruction rise to the Criminal Chamber a report giving an account of the procedures carried out, the incident promoted and the legal situation of the accused.
Hold strictly to the terms indicated in this Code and shall be submitted to the Criminal Chamber of the notices of the performance of the prosecution for which is required by this requirement.«
CIVIL PART
Article 54.- The aggrieved, their ascendants or descendants, your spouse, your relatives collateral and related within the second degree; their parents or adopted children or their guardian or curator may be constituted as a civil party. The person who does not carry in itself its rights, will be represented by their legal representatives.
Article 55.- Request to become a civil party may make your request verbally or in writing to the investigating judge. The verbal request will be noted in the special minutes.
The resolution that corresponds to the render the judge immediately. Applicable appeal against the order to dismiss the application.
Article 56.- You can object to the self that dictates the judge accepting the civil party, the Public prosecutor and the accused person a written informed, within the term of the third day of notified.
The opposition is formed notebook aside, and the order of the investigating judge ruling may be appealed.
Article 57.- The civil party may offer evidence that it considers appropriate to resolve the crime. You can, also, to appoint an attorney for the trial, attending the hearing.
His attendance is compulsory when so decided by the Tribunal Correctionnel.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 57.- Powers and activity of the civil party
1. The civil party is entitled to infer nullity of acted, and to provide research and test, participate in acts of research and testing, to intervene in the oral proceedings, to file the resources impugnatorios that the law provides, and make requests in safeguarding its legitimate rights and interests. Also, to apply for and intervene in the proceeding for the imposition, modification, extension, or cessation of measures of coercion or restrictive rights, to the extent that it affects, in one way or another, the civil redress and your legitimate interest in the results and effectiveness of the process with regard to its scope of intervention.
2. The activity of the civil part will include the collaboration with the clarification of the offence and of the intervention of their author or participant, as well as accredit the civil redress. You are not permitted to ask or refer to the criminal sanction.
3. The civil party is authorized to appoint an attorney for the trial and come to the hearing. His attendance is compulsory when so resolved by the Criminal Chamber” .
Article 58.- The civil party has the legal capacity to promote in the statement incidents on issues that affect their right, and to intervene in those that have been incurred by the Public prosecutor or the accused. The effect will such incidents in your knowledge and you will be notified of the resolution that falls on them. You may exercise the remedies of appeal and annulment in cases in which this Code grants them.
JUDICIAL POLICE
Article 59.- The Judicial Police has the function of helper to the administration of justice, by investigating the crimes and faults, and to discover the culprits, to make them available to the judges, with evidence and effects of that might have been seized.
Article 60.- The members of the Judicial Police involved in the investigation of a crime or a fault, to be sent to the judges to trainers or of peace, crowded with all data that had been collected.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 60.- The members of the Judicial Police involved in the investigation of a crime or a fault, to be sent to the Judges to Trainers or Peace crowded with all data that had been collected, indicating especially the physical characteristics of the accused persons present or absent, nickname, occupation, address, real, background, and other items needed for the identification, as well as take care of appending the skills they have practiced.«
Article 61.- The attestation shall be authorized by the official who has led the research. The people who had intervened in the various proceedings carried out, concluded that they observe. If you do not know sign, they will take your digital printing.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 61.- The attestation shall be authorized by the official who has led the research. The people who had intervened in the various proceedings carried out, subscribe to the which they are concerned. If you do not know sign, they will take your digital printing.
The parties and police reports and those made by official bodies specialized, will not require diligence of ratification.«
Article 62.- The charge that the Judicial Police to send to the judges, instructors, or of the peace, shall be considered as complaints for legal purposes.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
« Article 62.- The reports that the Police and the official organs specialized to send to the judges to trainers or peace, are complaints for the purposes of the openness of the process to which they are entitled.
In the opportunity that the case may be, may be valued according to the rules of criticism« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 62.- The police investigation prior that have been carried out with the intervention of the Public prosecutor's office, it constitutes an element of proof that must be appreciated in its opportunity, by the Judges and Tribunals, in accordance with the provisions of article 283 of the Code.«
Article 63.- As soon as you start the statement, the Judicial Police shall make available to the judge detainees and effects relating to the offence, without prejudice to any proceedings that may continue to practice for the better investigation of the facts.
Article 64.- Judges, instructors, or of the peace, members of the Public prosecutor's office and Courts Corrections may order directly to the officials of the Judicial Police who practice the citations and arrests are necessary for the appearance of the accused, witnesses and experts, as well as the proceedings themselves of the nature of that institution for the better investigation of the crime and its perpetrators.
Article 65.- In the laboratories and offices of the Judicial Police will be held the opinions that the research required. Professionals who are in charge of them or forming part of the institution, shall be appointed in preference to the character of official experts.
Article 66.- The Executive Power, in accordance with the provisions of this Title, shall issue the corresponding Regulation, in order to constitute and organize the Judicial Police and to determine their powers and duties.
MINISTRY OF DEFENCE
Article 67.- The Ministry of Defence is constituted by the lawyers in the trial Courts and in the Courts, Correctional defend ex officio to the accused persons and defendants.
In case of impediment of the defender, it is replaced by the criminal Court bench of the Ministry of Defence appointed annually by the Superior Court. These will be in charge of the defense of ex officio when having more than one inmate's defenses are inconsistent.(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 67.- The Ministry of Defense is composed of the attorneys in the stage of the police investigation, before the Public Ministry, before the justices of the Peace, in the Courts of Instruction, in Courts and Correctional before the Supreme Court, advocate, ex officio, to the reported, accused and defendants.
In case of impediment of the defender will replace any of those appointed by the Ministry of Justice or by the criminal Court bench of the Ministry of Defense, appointed annually by the Superior Court. These will be in charge of the defense of ex officio when having more than one inmate's defenses are inconsistent.« (*)
(*) Article repealed by the Only Provision Repealing the Law N° 29360published on 14 may 2009, the same as that entered in validity January 1, 2010.
Article 68.- The public defenders are forced to intervene in all the measures of the statement and to authorize them with your signature.(*)
( *) Article modified by the Article 1 of Law No. 24388 published on 06 December 1985, whose text is as follows:
"Article 68.- The public defenders are forced to intervene, and authorized with your signature all due diligence prior to the criminal action, during the investigation and the trial.« (*)
(*) Article repealed by the Only Provision Repealing the Law N° 29360published on 14 may 2009, the same as that entered in validity January 1, 2010.
Article 69.- The defenders of the accused will attend the hearing and submit written findings in all of the incidents that occur and its oral defense. Subscribe and make comments that they deem appropriate the records of the course of legal proceedings.(*)
(*) Article repealed by the Only Provision Repealing the Law N° 29360published on 14 may 2009, the same as that entered in validity January 1, 2010.
Article 70.- There will be a public defender rented in every criminal Court. These advocates will be appointed by the Executive Power, and feel the need to point out to them the budget law.(*)
(*) Article repealed by the Only Provision Repealing the Law N° 29360published on 14 may 2009, the same as that entered in validity January 1, 2010.
Article 71.- The public defenders that play the position in the trial Courts shall be appointed annually by the respective Superior Court and the services provided to them will be fertilizer for the purposes of the act number eight thousand four hundred treinticinco.(6)(*)
(*) Article repealed by the Only Provision Repealing the Law N° 29360published on 14 may 2009, the same as that entered in validity January 1, 2010.
BOOK SECOND
OF THE INSTRUCTION
BEGINNING OF THE INSTRUCTION
CITATION AND ARREST OF THE ACCUSED
Article 72.- The instruction aims to bring together the proof of the performance of the offence, the circumstances in which it has been committed, your mobile phone, and to discover the perpetrators of, and accomplices of the same, by setting the different participation that have been in the preparatory acts, in the execution or after its completion, is to erase the traces that serve to his discovery, to provide aid to those responsible or to take advantage in any way for your results.(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 72.- The instruction aims to bring together the proof of the performance of the offence, the circumstances in which it has been carried out, and their mobile devices; set the different participation that have been the perpetrators of, and accomplices in the execution or after its completion, is to erase the traces that serve for your discovery, to give aid to those responsible or to take advantage in any way for your results.
On the due diligence performed at the stage of police with the intervention of the Public prosecutor and practiced by the Provincial Prosecutor, with the assistance of the ombudsman, who were not to be questioned, will keep its probative value for the purposes of prosecution.
In this case, only featuring some of the errands that couldn't be achieved in previous research, which are considered to be indispensable by the Judge or the Public prosecutor or that may be proposed by the defendant or the plaintiff."(*)
(*) Article amended by the Article 3 of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity the sixty days of publication, the text of which is as follows:
“ Article 72.- The object of the statement
1. The instruction aims to bring together the proof of the performance of the offence, the circumstances in which it has been carried out, and their mobile devices; set the different participation that have been the perpetrators of, and accomplices in the execution or after its completion.
2. During the statement, the Judge shall take the steps are proposed by the parties, provided that they are relevant, effective and helpful, within the limits of the Law.
3. On the due diligence performed at the stage of police with the intervention of the Public prosecutor and practiced by the Provincial Prosecutor, with the assistance of the ombudsman, who were not to be questioned, will keep its probative value for the purposes of prosecution. In this case, may not be repeated once issued the self-opening statement, unless your extension is essential, due to a severe defect in their performance or which must be completed as a result of the incorporation of new evidence.”
Article 73.- The statement has a reserved nature. The defender can learn in the office of the judge of the proceedings who has not attended by the defendant, pursuant to that request it verbally in the working hours of the law office. However, the judge may order that a performance is kept in reserve for a time when you feel that your knowledge can hinder or impede in any way the success of the research carried out. In any case it is no longer the reserve when you put the statement available to the defender for three days at the court to be informed of all the instruction you have crowded or not the proceedings.
MATCHES: R. D. No. 025-2005-DP, Art. Second, Numeral 2
Article 74.- The instruction can be initiated by the investigating judge, ex officio, at the request of the Public prosecutor, by complaint of the aggrieved person or their relatives, or by means of a complaint in the cases established by this Code.(*)
(*) In accordance with the Article 107 of Legislative Decree No. 52published on 18 march 1981modifies the present Article, in the sense that the statement can only be initiated ex officio or following a complaint from the Public Ministry, when the criminal action is public, and the aggrieved person or their relatives, and when it is private.
Article 75.- The instruction is initiated ex officio when the public comes to the knowledge of the investigating judge for the immediate commission of an offence that does not require a prior opinion or complaint of the aggrieved party.
In your case, the fiscal agents, authorities, political superior or the members of the Judicial Police, will denounce the fact in writing to the investigating judge.
When these are not crimes of immediate commission, the complaint before the magistrate can only be made by the aggrieved, their ascendants, descendants, spouse, collateral relatives within the fourth degree and related within the second, parents or adoptive children, guardians or curators.(*)
(*) In accordance with the Article 107 of Legislative Decree No. 52published on 18 march 1981modifies the present Article, in the sense that the statement can only be initiated ex officio or following a complaint from the Public Ministry, when the criminal action is public, and the aggrieved person or their relatives, and when it is private.
Article 76.- Popular action is granted only in cases of the crime of immediate commission and shall be exercised by writing to the Public prosecutor's office, who asked the judge's opening statement when you consider the fact that it is effective and constitutes a criminal offence.
Article 77.- Whether the complaint referred to in the previous article, proceed to the aggrieved person or the Public prosecutor, the judge will only open the statement, if you think that the fact that the defendant constitutes a crime and that the criminal action has not prescribed. If you think it is not appropriate to the action, shall issue a decree, that"has no place", and will raise ex officio performed at the Court, who without further ado that the view prosecutor, send filing of the complaint or open statement. Against this car comes from the resource of nullity. (*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 77.- Whether the complaint qua referred to in the preceding article, proceed to the aggrieved person or the Public prosecutor, the judge will only open the statement, if you think that the fact that the defendant is a crime and that the criminal action has not prescribed. If you think it is not appropriate to the action, shall issue a decree"has no place"and raise ex officio performed at the Court, who without further ado that the view prosecutor, send filing of the complaint or open statement. Against this car comes nullity.
In the same way and with the same procedure, the judge of leisure may reject the complaint if it considers that lack any element of the procedure.« (*)
(*) In accordance with the Article 107 of Legislative Decree No. 52published on 18 march 1981modifies the present Article, in the sense that the statement can only be initiated ex officio or following a complaint from the Public Ministry, when the criminal action is public, and the aggrieved person or their relatives, and when it is private.
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 77.- Received the complaint, the investigating Judge, to qualify it, you will be able to craft to practice preliminary investigation within the first ten days of the receipt of the same.
Only open the instruction if it considers that the fact that the defendant constitutes a criminal offence, which has been individualized to his alleged perpetrator, and that the criminal action has not prescribed.
If you believe that it is not appropriate action shall issue an order HAS been PLACE. It also will return the complaint if it considers that it is lacking some element of the procedure. Against these Resolutions applicable appeal.
The Court will absolve the grade, with only the opinion of the Attorney-Upper issued within 3 days, within 3 days”.(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 77.- Received the complaint, the investigating Judge will only open the instruction if it considers that the fact that the defendant constitutes a criminal offence, which has been individualized to his alleged perpetrator, and that the criminal action has not prescribed. The car will contain precisely the motivation and rationale, and express the rating of a specific crime or crimes that are imputed to the defendant, and the order that you should go to pay his instructive.
In the case of offences prosecuted by private action, the Judge in order to qualify the complaint may be ex officio practice preliminary investigation within the first 10 days of the receipt of the same.
If you believe that it is not appropriate action shall issue an order HAS been PLACE. Also, it will return the complaint if it considers that it is lacking some element of procebilidad expressly pointed out by the Law. Against these Resolutions applicable appeal. The court will absolve the degree within three days of receipt of the tax opinion, which shall be issued in the same period.
In all cases, the Judge shall decide within a period not exceeding 15 days of receipt of the complaint.« (*)
(*) Article amended by the Article 1 of the Law N° 28117published on 10 December 2003, the text of which is as follows:
"Article 77.- Received the complaint and its collections, the Specialized Judge in the Criminal will only open statement if it believes that such instruments appear insufficient evidence or evidence revealing the existence of a crime, that has been individualized to the alleged perpetrator or participant, that the criminal action has not prescribed for you or do not go another cause of extinction of the criminal action. The car will be motivated and will contain precisely the facts, the evidence on which it is based imputation, the rating of a specific crime or crimes that are attributed to the defendant, the motivation of the precautionary measures of personal or real, the order is processed to be present to provide instructive and diligence that must be performed in the statement.
In the case of indictable crimes by private action, the Judge in order to qualify the complaint may, ex officio, the practice of preliminary investigation within the first ten days of the receipt of the same.
If the Judge considers that it is not appropriate the beginning of the process shall issue an order Has been place. Also, it will return the complaint if it considers that it is lacking some element of the procedure expressly pointed out by the law. Against these resolutions appropriate, and the appeal of the Prosecutor or complainant. The Room will absolve the degree within three days of receipt of the tax opinion, which shall be issued in the same period.
In all cases, the Judge shall decide within a period of not more than fifteen days of the receipt of the complaint."(*)
(*) Article amended by the Article 3 of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity the sixty days of publication, the text of which is as follows:
“ Article 77.- Hearing filing of charges
1. Issued the formalization of the criminal complaint, the representative of the Public Ministry shall give notice of such determination to the parties; and the written request to the Criminal court that set a date and time for the hearing of the charges, indicating the charged crime and the identification data of the parties for the purposes of notification.
2. The hearing for the presentation of charges is a matter of urgency. It will be installed with the presence of the Prosecutor and the defender of the defendant, being able to participate the defenders of the other parties. The accused who does not contract with private defense will be assisted by a public defender.
3. Received the request of the representative of the Public prosecutor, the Judge shall set the hearing within a period not exceeding five (5) days. days. For the notification of the subject of the proceedings are to be used by alternate means more célere e ideal. In cases where the accused is covered in detention hearing will be held within 48 hours.
4. Installed the hearing, the Judge granted the use of the word to the representative of the Public Ministry in order to support your claim, explaining the facts, the legal description and the acts of the research performed to justify the opening of instruction.
5. Then, you will hear the defender of the defendant, who may exercise the contradiction to what is alleged by the Prosecutor and request car has no place in accordance with the provisions of article 77-A. If it is present, the defender of the oppressed, then you may request to civil proceedings as provided for in articles 55 and 57, then you will hear the third civil. The Judge may ask questions or clarification, and finally you will hear the accused.
6. The Judge will resolve orally at the hearing, the origin of the opening of the instruction, to do this, perform a control of legality of the imputation made and determine if there is sufficient evidence or evidence revealing the existence of a crime, that is individualized to your alleged perpetrator or participant, that the criminal action has not prescribed for you or do not go another cause of extinction of the criminal action.
7. Issued the self-opening statement, the Judge will invite the parties to the proceedings to:
a) Agree on the facts which are accepted and which shall be credited, ignoring his research.
(b) Proposed agreements about the evidence that will be required for certain acts are deemed proven.
The agreements of the parties to the proceedings will be linked to the Judge.
8. Thereupon, the Judge will ask the representative of the Public Ministry, as well as the defender of the accused and the aggrieved, apply the acts of research substantiating his claim, indicating the need for the same. Only sorted the relevant acts, conducive and helpful as the object of the process.
9. According to the acts of investigation ordered in the statement, the Criminal court Judge, shall fix a date of the same, by applying the principle of reasonableness. In a term of not more than three (3) business days of receipt of the hearing, the Judge shall notify the parties to the proceedings inasistentes of the proceedings scheduled.
10. The hearing concluded with the issuance of the writ of opening statement, which is inimpugnable, except in the end that resolves the acts of the research presented by the parties and imposes coercive measure. The appeal is without suspensive effect. In these cases, the judge will rise in the day the notebook to the Superior Room, which will set a hearing within a period of not more than five (5) business days thereafter, under the responsibility. The audience is urgent and will be installed with those who attend. Having heard the parties, the Upper Chamber will resolve in writing within 48 hours.
11. In cases where the representative of the Public Ministry required by the remand of the accused, such a requirement will be discussed in the same hearing, a fixed, acts of investigation and the period of the statement.
12. In cases of complex research for the Judge to make the decision, may suspend the hearing for up to 48 hours” .
“ Article 77-A. - Causal Has Not lead to the opening of instruction
1. The Judge will issue an order Has been place, when presented with the following assumptions:
to. The fact that the subject of the cause was not performed or not can be attributed to the defendant.
b. The fact that accused is not typical or go to a justification, of inculpabilidad or not criminality.
c. The criminal action is extinguished.
d. There is a reasonable possibility of adding new data to the investigation and has not minimal evidence linking the accused with the crime.
2. Against this resolution comes, and the appeal of the Prosecutor and the wronged. The judge will rise in the day the notebook to the Criminal court, who shall set the hearing within five (5) business days thereafter, under the responsibility, the same that shall be done with those who attend. Heard the parties to the Room resolved within 72 hours.”(*)
(*) Article incorporated by the Article 4 of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity sixty days of its publication.
“ Article 77-B. - Application of the early termination
1. In the cases that the Judge imposes remand the accused, prior to discussing the term of duration of the measure in the hearing, you should urge the parties to the proceedings to come to an agreement early termination, in which case, for the only time, the accused will receive a benefit of reduction of the penalty of one-sixth. This benefit is additional and will accrue to the receiving confession, in both it useful and previous to the celebration of the special process.
2. The accumulation is not applicable when the person has the quality of recidivist, or habitual, in accordance with articles 46-B 46-C of the Penal Code, in which case only receive the benefit corresponding to the early termination.
3. The reduction of the penalty for early termination not applicable when the accused is being charged with the commission of the crime in condition of a member of a criminal organization, it is linked to, or acting on behalf of her” .(*)
(*) Article incorporated by the Article 4 of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity sixty days of its publication.
Article 78.- If the fiscal agent does not request the investigating judge to open instruction, the merit of the complaint, the complainant appeal to the Prosecutor, so that, if it considers it justified, order the lower right of the respective complaint.
Article 79.- The magistrate may issue a summons or arrest against the presumed culprit.
The order of appearance, the text of which shall be in the car, shall state the offence of which he accuses the cited and ordered to report to the Courthouse on the day and time that you designate, under threat of being arrested. This subpoena shall deliver to the clerk at the same accused or to the left in your home, a person who is in charge of giving.
The clerk shall record in the file of the person who left the summons and of having been informed that that is really the home of the accused and that it is not absent.(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 79.- The Instructor may issue a summons or arrest against the presumed guilty, in order that the defendant pay their pretrial statement.
Appropriate in order of appearance:
1.- When it comes to the offence punishable with imprisonment of not more than two years in prison.
2.- When in the case of offence punishable with greater penalty, the Judge considers the circumstances of the fact and the personal circumstances of the accused, will not be worthy of a conviction than two years in prison.
The order for provisional arrest shall proceed in all other cases, and can be met in the agency, or in a facility designed especially for that object”.(*)
(*) Article amended by the Article 1 of Law No. 23612published on 11 June 1983, the text of which is as follows:
“Article 79.- The Judge on the open Statement, it shall issue a summons or provisional arrest against the accused, with the object of providing instructive. The self opening statement will contain precisely the motivation and fundamentals and state the rating of a specific crime or crimes that are imputed to the defendant.
It was made the order of detention:
to.- Against the accused for offences of: intentional Homicide; abortion provided for by article 162 of the Criminal Code and injuries intentional causing death and those provided for by article 165 of the Criminal Code: rape of minors (article 199 of the Criminal Code); piracy; against the estate, when its amount exceeds twenty-five minimum wages vital monthly for the Province of Lima; treason; rebellion, arson, assault, and robbery; embezzlement, provided for by article 346 of the Criminal Code; against the administration of justice, as provided for in article 335 of the Criminal Code: corruption of officials, the provisions of articles 349, 350 and 351 of the Criminal Code; abuse of authority (Legislative Decree No. 121, article 6, and article 340 of the Criminal Code); counterfeiting of coins, stamps, stamps, and official marks, provided for in articles 369 to 371, 375, 378 and 379 of the Penal Code, the crime of attack on the members of the Police force, provided for in decree-Law No. 19910; tax crimes, smuggling and economic, when they exceed twenty times the minimum wage vital monthly for the Province of Lima; illicit drug trafficking; terrorism and espionage, provided that all the crimes reported to be underpinned by sufficient evidence; and
b.- When the accused is a recidivist or reiterante or the offence is committed in concert or band.
The provisional arrest may be met in the agency, or in a facility designed especially for that object. If the Judge does not rest its mandate of provisional arrest, the defendant may lodge a complaint with the Superior Court, which shall be made within twenty-four hours, under the responsibility, with the Top comment without the need of the Fiscal grounds. In the case of a declared well-founded, the court shall order that it be referred to the statement of another court, without prejudice to the disciplinary sanction.
The summons will be issued by the Judge in all other cases, with the appointment of that day and hour, under penalty of passing the order of detention. The Writ shall be delivered by the clerk to the accused or to the left in your home, responsible person who is in charge to deliver it. The clerk shall record in the file of the person who left the summons and of having been informed that the place where the delivery is the domicile of the defendant, and that it is not absent.”(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 79.- The Judge on the open statement shall issue the warrant of arrest or a summons.
It was made a mandate of arrest only in the following offenses, provided that they are intentional and based on sufficient evidence:
A. PENAL CODE
1) Homicide: Articles, 150, 151, 152, 153,154.
2) Abortion: Article 161
3) Injury: Article 165.
4) Against the Freedom and the Sexual Honor: Articles 197, 198, 199 and 203.
5) Against Individual Freedom: Article 223
6) Rape of Women and Children: Article 229.
7) Against the estate: Assault and Theft: Articles 238, 239. In the other crimes against property, when the amount exceeds 100 times the minimum wage vital monthly for the Province of Lima.
8) Fires, and other havoc: Articles 261, first and second paragraphs, 263, 264, 265, and 267.
9) Against the Public Communications: Article 268, second paragraph.
10) Piracy: Articles. 272 and 273.
11) Against the Public Health: Article 274.
12) Betrayal and Attacks against the Military-Security: Articles 289, 290, 291, 292, 293 and 294.
13) That undertake the foreign relations of the State: Articles 296, 298, second paragraph; and 299.
14) Rebellion: Article 302.
15) Sedition: Article 307.
16) Violence and Resistance to the Authority: Article 321 second paragraph.
17) Against the Administration of Justice: Articles 335 and 336.
18) Abuse of authority: Legislative Decree No. 121, Article 6.
19) Concussion: Article 343, 344 and 345.
20) Embezzlement: Article 346, first paragraph.
21) Corruption of Officials: Articles 349, 350 and 351.
22) Of Postal Employees and Telegraph Article 362.
23) Forgery of Documents in General: Articles 364, first and second paragraphs, 365, 366, and 368.
24) Counterfeiting of Coins, Stamps, Stamps and Frames Officers: Articles 369, 370, 371, 375, 378 and 379.
B. SPECIAL LAWS.
1) Tax Crimes, including in the Tax Code (Law No. 16043) and economic crimes (Legislative Decree No. 123), when the amount is in excess of 150 times the minimum wage vital monthly for the Province of Lima.
2) the Crime of Attack on members of the Police force, Decree Law No. 19910.
3) Illicit Drugs: Legislative Decree No. 122.
4) Terrorism: Legislative Decree No. 46.
5) Abandonment of the Family, when the defendant is sustrajera non-payment of maintenance obligations.
Also, it was made a mandate of arrest. when the accused is a repeat offender or the offence is committed in concert or in-band. This arrest is the definitive and must be grounded.
In the opposite case, the defendant may lodge a complaint with the Court to rise the binder within twenty-four hours under the responsibility, with the top comment on the same term without the need for fiscal grounds. If it is declared to be founded, the Court shall order that it be referred to the statement of another court, without prejudice to the penalty to which they are entitled. Against the order of detention is appropriate to the appeal, which will be granted in a single effect and will follow the same process that the pointed to the complaint.
The mandate of appearance is to be rendered in all other cases, and the court, in its discretion, order that prevents the output of the country.« (*)
(*) Confront with the Article 135 of Legislative Decree No. 638published on 27 April 1991. (*) NOTE SPIJ
Article 80.- If the accused does not appear, the magistrate may, as it deems that he has not heard of the summons, or who tries to escape, repeat the summons, or order the detention by cash the warning.(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 80.- The order of appearance, the text of which shall be in the car, shall state the offence of which is attributed to the cited and ordered to report to the Courthouse on the day and time that you designate, under penalty of being led by the public force.
This citation will be delivered through the Judicial Police at the same accused or to the left in his address for the person who is in charge of turning it in, adjuntándose to process the record reasoned in such a subpoena.
In the absence of the Judicial Police, the notification will be made through the Civil Guard” .(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 80.- The order of appearance, the text of which shall be in the car, shall state the offence charged the quoted and the order submitted to the Court on the day and time that you designate to pay his instructive, under penalty of being led by the public force. This subpoena shall deliver to the clerk through the Judicial Police to the accused, or leave at his home by a responsible person who is in charge to deliver it, without prejudice to be reported by the post, adjuntándose to process the record reasoned in such a situation.
The Judicial Police, in addition, shall record has been informed of the identification of the accused who reported or verification of your address, if the latter is absent.
For these purposes, otórgase franchise zip to the Judiciary. In the absence of the Judicial Police, the notification will be made through the Civil Guard.«
Article 81.- Comes the provisional arrest of the accused:
1º.- When it has been caught in the act of committing the crime, or in the preparatory acts of the same, or to flee to be pursued immediately by the aggrieved person by the police or by any person;
2º.- When it comes to crimes against the State heritage;
3º.- When requested by the Public prosecutor's office and the judgment of the investigating judge of the nature of the crime demands; and,
4º.- When it was repetitive, vague, had no home or have assumptions based on who is trying to avoid prosecution.(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 81.- If the accused fails to appear the Judge may, as it deems that he has not heard of the summons, or who tries to escape, repeat the summons, or by cash to the admonition, ordering it to be conducted to his presence by the public force.«
Article 82.- Carried out the arrest, the head of the establishment where he has been transferred to the detainee, shall give immediate notice in writing to the investigating judge, or, in his absence, the Public Ministry. In case you do not do so within twenty-four hours, you will be responsible for arbitrary detention.
Article 83.- The provisional arrest is the main object that the defendant pay their pretrial statement. Completed, the investigating judge, if there is a reasonable guess is responsible for the crime what will be released with knowledge of the fiscal agent. If he opposes, will continue to provisional detention, until it is practised in the proceedings of the statement. The provisional detention may not last more than ten days, within which it must be given the liberty or a detention short of the accused, under the responsibility of the investigating judge.
« In exceptional cases, when the number of defendants included in a statement exceeds twenty people, the provisional detention may last up to twenty days. If this term is insufficient, the Judge may ask the Court to a term ampliatorio and this may give it up for thirty days.« (*)
(*) Paragraph added by the Article one of the Decree-Law No. 20774published on 30 October 1974.
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 83.- The provisional arrest is the main object that the defendant pay their pretrial statement has been Completed, the investigating judge, if not there are reasonable grounds to be assumed responsible for the crime, what will be released with knowledge of the Fiscal Agent. If he opposes, will continue the pretrial detention until they practice the appropriate steps. The provisional detention may not last more than ten days, or that apply according to the standard of the next paragraph, within which it must be given the liberty or a detention short of the accused, under the responsibility of the investigating judge.
In exceptional cases, when the number of defendants included in a statement in excess of twenty, the provisional detention may last up to twenty days. If this term is insufficient, the judge may ask the Court to a term ampliatorio and this may give it up for thirty more days.
Against the resolution, which provides for the freedom of the accused is appropriate to appeal to the Fiscal Agent and the civil party, suspending the execution of the car in the event of an appeal of the former. The Tribunal Correctionnel be resolved in the space of two days, with the prior opinion of the Attorney that will be issued to you within a day« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 83.- Finished the pretrial statement, in the cases in which it had issued the order for provisional arrest, the investigating Judge if there are reasonable grounds to consider him responsible for the crime what will be released, with knowledge of the representative of the Public Ministry. If he opposes, will continue the pretrial detention cannot last longer than 10 days or corresponding according to the norm of the next paragraph, within which it must be given the liberty or a detention short of the accused, under the responsibility of the investigating Judge.
In exceptional cases, when the number of defendants included in a statement in excess of twenty, the provisional detention may last up to twenty days. If this term is insufficient, the Judge may ask the Court to a term ampliatorio and this may give it up for thirty more days.
Against the resolution, which provides for the freedom of the accused proceeds appeal from the representative of the Public Ministry and the civil party, without that this resource suspend the mandate of release, subject to the exceptions provided for by law. In these cases, the Judge will dictate the measures to ensure that their attendance at the proceedings of the statement.« (*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 83.- Against the Resolution, which provides for the appearance, comes from the appeal of the representative of the Public Ministry and the civil party, in a single effect, without which this resource has suspended the ex-carcelación if it is to be made the allegation was put to the accused at the disposal of the Judge in quality of stopped.«
Article 84.- If you evacuated the instructive or, in your case, practiced the inquest ordered by the fiscal agent, the investigating judge a presumption of guilt, the court makes a detention order final against the accused, which will last for the whole process, except in the case of parole or bail.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 84.- If you evacuated the instructive, or in your case, practiced the inquest ordered by the Fiscal Agent, the investigating Judge a presumption of guilt, the court makes a detention order final against the accused, which will last for the whole process, except in the case of probation with Respect to the defendants who are on probation, the Judge will dictate the measures to ensure that their attendance at the proceedings of the statement« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 84.- If you evacuated the instructive, or in your case, practiced the first deligencias(*) NOTE SPIJrequested by the Representative of the Public prosecutor, the investigating Judge considers that it is responsible, it shall issue a detention order final against the accused, which will last for the whole process, except in the case of the interim release” .(*)
(*) Article amended by the Article 1 of Law No. 23612published on 11 June 1983, the text of which is as follows:
“Article 84.- If, after you have been issued a summons to prove evidence that the offence has been committed with causes aggravated, or that the accused is a habitual or repeat offender in the commission of, or especially dangerous, and that reasonably has to deserve a sentence of imprisonment or a prison more than three years, the Judge, ex Officio or at the request of the Provincial Prosecutor, may order the arrest indefinitely.
If the Prosecutor or the defendant hears the appeal, the arrest will be carried out, and the cars will rise immediately to the top within five days of receipt, under the responsibility. Its resolution shall be notified to the government Prosecutor in the criminal for legal purposes to which they are entitled. Not applicable the resource of nullity” .(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 84.- If during the training will allow evidence that the defendant is a repeat offender, committed the crime in concert, or band, or the offence is included in the scope of the mandate of detention referred to in Article 79 of the C. P. P., as amended by Article 1 of this Law, the Judge, ex officio, at the request of the Provincial Prosecutor or the aggrieved order detention.«
Article 85.- The pretrial statement shall be taken, or at least started by the investigating Judge, no later than twenty-four hours of the arrest.
Article 86.- When past forty-eight hours had not begun the pretrial statement, the Head of the prison shall have the obligation to bring the arrested person to the Office of the investigating judge.
Article 87.- The accused who had not been notified before the twenty-four hours the order of provisional detention, or after ten days the detention order summary, you may complain to the Court of Corrections for arbitrary detention. The Court, following a report from the judge, and without any other formality than the view attorney, will decide what is convenient. If you believe the complaint is founded, it may order the freedom of the accused or to trust the statement to another judge.(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 87.- The accused against whom the order has been made, order of detention shall be notified within twenty-four hours of issued such an order. Otherwise, you may complain to the Court for arbitrary detention. If you believe the complaint is founded, the Court may order the freedom of the accused or to trust the statement to another Judge.
The Court, following a report from the Judge, and without any other formality than the view attorney, will decide what is convenient.«
Article 88.- The investigating judge shall inform the Tribunal Correctionnel of which depends on the opening of the instruction and the order of detention provisional or final and, in his case, that of freedom.(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 88.- The investigating Judge must inform the Court of Corrections that depend on the opening of the instruction and the order of detention and, in his case, that of freedom.«
Article 89.- When merit of the previous communications or reports or requests of the fiscal agent, the civil party, or] accused judges of the Court drawback that the instruction be followed by the judge who initiated it, you can entrust it to another judge or to appoint a judge ad hoc. The criminal Court may order the detention of the accused improperly released. This arrest is considered definitive, and can only be suspended in the manner set forth in the articles hundred and ten and following.
Article 90.- Articles, exceptions, or questions that are promoted in the statement is sustanciarán in incident apart.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 90.- Articles, exceptions, issues prior to or referred for a preliminary ruling to be promoted on the statement is sustanciarán in incident aside, letting herself be recorded in the same and, without stopping, in any case, the processing of the instruction. In the incidents that have taken the test, the maximum term non-extendable, it will be 10 days. Is to be settled by the Court of the plane or the expiry of the term, as the case may be, within the third day. In the case of exceptions, previous questions and pre-trial and in other cases expressly provided by the act, will be issued tax opinion in the space of two days. Against the decision of the court is on appeal« (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 90.- Any incident that requires processing will be conducted by separate cover, without interrupting the course of the main process. The Term Evidence in these cases, it will be eight days. Do not admit new incidents that is based on the same facts that were the subject of a previous resolution, or that they are the same object or purpose that those that are already resolved. Against this resolution is appropriate to appeal” .(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 90.- Any incident that requires processing, shall be conducted by separate cover, without interrupting the course of the main process. The term evidence in these cases, it will be eight days. Do not admit new incidents that is based on the same facts that were the subject of a previous Resolution, or that they are the same object or purpose that those that are already resolved. Against is Resolution derived appeal.
Do not run view tax only in the cases expressly specified by the Law, which does not prevent the representative of the Public Ministry, develop resources impugnatorios oriented to the correct application of the Law.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 90.- Incidents
1. Any incident that requires processing will be conducted by separate cover, without interrupting the course of the process. The application is incidental, if the case may be, shall accompany or provide the means test or relevant research. If it meets the requirements of admissibility and provenance legally provided for, it shall be served to the parties for the term of three days. The answer is subject to the same requirements of the application incidental. At the expiration of the term, if so required by the request, opens the incident to test for the term of eight days.
2. Once the stage of instruction is not a supported application incidental damages of any kind, except those expressly provided by the act. Nor are allowed new incidents that is based on the same facts that were the subject of a previous resolution, or that they are the same object or purpose that those that are already resolved.
3. Against the resolution that resolves the request incidental applicable appeal without suspensive effect.
4. Do not run view tax only in the cases expressly specified by the Law, which does not prevent the representative of the Public Ministry remedy impugnatorios oriented to the correct application of the Law” .
Article 91.- All the proceedings of the statement must include the Ministry to the Public, but attendance is optional. The accused and the civil party shall attend the proceedings that the judge deems necessary.(*)
(*) In accordance with the Article 107 of Legislative Decree No. 52published on 18 march 1981modifies the present Article, as declared optional the concurrence of the Ministry of Public prosecutions, which is mandatory.
Article 92.- There is No day nor hour that he is not be able to act the proceedings of the statement.
Article 93.- When an inmate fugue, the head of the prison will be immediately reported to the judge instructor, providing you with the data that serve to establish the circumstances of the escape and the responsibilities that may have taken place.
ATTACHMENT OF PROPERTY OF THE DEFENDANT AND THIRD-PARTY (*)
(*) D enominación of the Title II, as amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Title II
Freezing and Seizure”
Article 94.- As a consequence of the detention definitive has been issued, the judge will proceed to the lien of the goods of the accused, that will be enough to cover the liability, forming the binder respective.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 94.- At the time of opening statement or in any state in the process the judge, ex officio or at the request of the Public Ministry or the civil party, may order lock lien on the goods of the accused that will be enough to cover the civil redress.
In case of order the detention short of the accused, the judge will issue mandatory and immediately such a measure.
In both cases it will be the binder of the respective order.
The appeal will be processed after you have executed a precautionary measure.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 94.- Seizure and Confiscation At the time of opening statement or in any process state, ex officio or at the request of the Public Ministry or the civil party, the Judge:
(a) May order it locks lien on the goods of the accused that are sufficient to cover the payment of the civil redress. In case of order the detention of the accused, the Judge will issue mandatory and immediately such a measure.
(b) Provided that there is sufficient evidence, may provide for the seizure of the objects of the criminal offence or the instruments with which it has executed as well as the effects, whether these are goods, money, profit, or any product from the criminal offense. Where relevant, it shall proceed further in accordance with the special rules on the matter. The seizure of the effects, objects or instruments of a crime or any product from the criminal offence, shall yet they are still in the possession of third natural or legal persons, except for your right, to do good, to be the case, according to law.
(c) The Judge shall inform the Provincial Prosecutor in Criminal turn, the existence of effects, objects or instruments of a crime or any product from the criminal offence, for the purposes specified in the standard that regulates the process of loss of domain, enclosing certified copies of the parts pertinent procedural. The measures provided for in the criminal process shall remain effective until they are validated or raised by the Judge of the process of loss of domain. In order not to disturb the activity of proof in the criminal proceeding at its expense, the court may request the Judge of the process of loss of control that has assumed jurisdiction in merit to the provisions of the first paragraph of this section, make available to them the effects, objects or instruments of a crime or any product from the criminal offence, the term necessary. In addition, the Criminal Judge may defer delivery of the objects, effects or instruments of a crime to the Prosecutor or Judge who knows the process of loss of control in both are essential for the activity of proof in the criminal process at your expense. In all the cases mentioned above will form the binder respective. The appeal will be entertained once you have executed a precautionary measure.” (*)
(*) In accordance with the Only Available Complementary Transient of Legislative Decree No. 983 published on 22 July 2007provides that the provisions referred to in subsection (c) of this Article, entered into force in conjunction with the entry into force of the Legislative Decree No. 992, which regulates the Process of Loss of Domain.
Article 95.- With the car, however, will require the defendant to point out goods that we make that measure.
Not pointing out goods to the defendant, it shall lock, however that know are his property.(*)
(*) Article amended by the Article 1 of Law No. 27652published on 24 January 2002, the text of which is as follows:
"Article 95.- Without prejudice to the precautionary measures of seizure and/or forfeiture imposed and processed ex officio by the Court shall require the accused with a known address that point to free goods could be seized. Not precisarlos within twenty-four hours, will continue or will affect that are known are its property.
The writs of garnishment, and/or seizure of assets, are reported verified that is the measure."
Article 96.- The accused will be able to replace the same by a surety bond, or collateral, in the judgment of the Public Ministry, it would be sufficient to cover your liability.
Article 97.- The embargoes that the judge decrees for the purposes for which contracts this Title, shall be recorded in the Registry of real Estate.
These entries will not be subject to payment of duties.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 97.- The liens that will be ordered for the purposes for which contracts this Title, shall be recorded in the Public Records, or in the corresponding entity.
These inscriptions are not subject to the payment of duties and will be the only merit of the decision of the court orders the attachment.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 97.- Registration Measures
The liens that will be ordered for the purposes for which contracts this Title, shall be recorded in the Public Records, or in the corresponding entity. Similarly, we will proceed when it is rendered the measure of seizure of goods eligible for entry. Even when the seized goods are not in the name of the accused will be recorded such as cursándose the parties to the Public Record, and should the competent officer to comply with the injunction. These inscriptions are not subject to the payment of registration fees and will be made for the only merit of the decision of the court that ordered the measure.”
R. N° 026-2024-SUNARP/SN (Update of the Policy DI-03-SNR-DTR)
Article 98.- The embargo may adopt, also the forms of deposit, intervention, or retention, according to the cases. The deposit of money, jewelry or values will be in the caisse des dépôts et Consignations.(*)
(*) In accordance with the literal d) of Article 5 of the Law No. 16000published on 28 January 1966, set among its functions, the Bank of the Nation, to receive the consignment and custody of all the deposits and administrative proceedings. The statute has been approved by Supreme decree N° 07-94-EFpublished on 29 January 1994.
Article 99.- The tercerías exclusive domain of preference or payment by reason of an embargo locked, are heard before the civil judge and sustanciarán in the manner established by the Code of Civil procedure, (2) quoting the accused, the civil party, and, in the case that it would not have went, the Public Ministry.
Article 100.- When the liability to fall, in addition to the accused, about a third party, however, are locking in their property, if the accused does not have, and shall at all in accordance with the provisions of this Title.
Third persons that appear as held civilly responsible, should be cited and shall have the right to intervene in all the proceedings that affect them, in order to exercise your defense.
Article 101.- In all cases of bankruptcy of the defendant or third parties responsible civilly, the Public prosecutor shall have standing to exercise the actions designed to ensure the preference set by the Law of the matter.
Article 102.- Declared the irresponsibility of the accused or of third parties, we will proceed to lift the embargo locked in their goods and to cancel the bond as well as the precautionary measures that have been issued.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 102.- Lifting of measures
Declared the irresponsibility of the accused or of third parties, we will proceed to lift the embargo locked on their goods and to cancel the bail, as well as the precautionary measures that have been issued, unless it is treated goods intrinsically criminal, and must in such a case to proceed in attention to the special rules.”
PROVISIONAL RELEASE
Article 103.- The accused against whom the order is issued arrest warrant short, you can apply for your provisional liberty under bond or bail.
The provisional liberty granted to the accused of offence punishable with not more than two years of imprisonment as the top of the penalty. You may also be granted when the case of offences punishable with a penalty greater, if the evidence is actuated arrive to dispel the charges that were made to the accused. Finally, may be granted provisional liberty in the cases of crime against property, if the amount and circumstances of commission of the crime, need to be estimated prudencialmente that the sentence shall not exceed two years in prison, even when the maximum limit of the penalty exceeds this limit, requiring, in addition, that the accused have a domicile and usual work known, which will be established by reasoned report of the police authority.
In any case, it should be borne in mind, to resolve, background, and criminal justice of the applicant and the possibility of you not to use the ease to evade prosecution.
In no event shall be granted provisional liberty under bail when the charged crime deserves, as the end-point maximum penalty, more than six months in prison. In that case there will be only place to provisional liberty under bond, when she proceed in accordance with the second paragraph of this article.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 103.- The accused against whom the order is issued arrest warrant short, you can apply for your provisional release:
1) When the offence is punishable with not more than two years of imprisonment as the top of the penalty; and
2) in the case of offences punishable with a penalty greater if the Judge considers that the tests performed, the circumstances of the fact delinquent and the personal conditions of the processing, it will not be worthy of a with-dena superior to two years in prison«. (*)
(*) Article amended by the Article one of the Decree-Law No. 20580published on 10 April 1974, the text of which is as follows:
"Article 103.- The accused against whom the order is issued arrest warrant short, you can apply for your provisional liberty, or the Judge shall accord ex officio:
to. When the offence is punishable with not more than two years of imprisonment as the top of the penalty; and,
b. When it comes to crimes punished with a penalty greater if the Judge considers that the tests performed, the circumstances of the fact delinquent and the personal conditions of the processing, it will not be worthy of condemnation than two years in prison .
Produced the release, the Judge will promptly return all the personal documents of identification of the accused, leaving a certified copy, in cars.« (*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 103.- The person against whom the order is issued arrest warrant short, you can apply for your provisional release in the form of verbal or in writing, or the Judge shall accord ex officio:
1) When the offence is punishable with not more than 2 years of imprisonment as the top of the penalty;
2) in the case of offences punishable with a penalty greater if the Judge considers that the tests performed, the circumstances of the fact delinquent and the personal conditions of the processing, it will not be worthy of a conviction more than 2 years in prison; and,
3) after he had served a detention time equal to or greater than the matter of the accusation prosecutor, without prejudice to their immediate prosecution.
Produced the release, the Judge will promptly return all the personal documents of identification of the accused, leaving a certified copy of a car« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 103.- The accused against whom the order is issued arrest warrant short, you can apply for your Provisional release in the form of verbal or written consent or the Judge shall accord ex officio:
to. When the crime is punished with a penalty of not more than three years in prison or penitentiary;
b. When it comes to crimes punished with a penalty greater if the Judge considers that the tests performed, the circumstances of the fact delinquent and the personal circumstances of the accused, it shall not be entitled to a sentence of more than three years in prison or penitentiary; and,
c. after he had served a detention time equal to or greater than the matter of the accusation prosecutor, without prejudice to their immediate prosecution.
Produced the release, the Judge will promptly return all the personal documents of identification of the accused, leaving a certified copy, in cars.« (*)
(*) Confront with the Article 182 of the Legislative Decree No. 638published on 27 April 1991. (*) NOTE SPIJ
MATCHES: D. Lgs. N° 638, Arts.182 and 183
Article 104.- In no case will proceed interim release:
1º.- Of the officers or employees of any kind to the service of the State, Municipalities, Charities or public Institutions or controlled, accused of a crime against the property of the State or of the entities served by them;
2º.- Of the accused for the offences referred to in article 2 of law number eight thousand two;(3)
3º.- Of the accused persons for the offences set out in articles one hundred fifty-nine per cent sesentidós and cent sesenticuatro of the Criminal Code;(1)
4º.- Of the accused persons for the offences contained in Title IV of the Seventh Section of the Second Book of the same Code.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 104.- In no case will proceed interim release:
1) Of the authorities, officials and servants of any class or category in the service of the National Public Sector violate the assets of the entity in the acting or serving;
2) Of the accused for an offence against the public health, and
3) prosecuted for crimes in which specific Law is denied this right«. (*)
(*) Article replaced by the Article one of the Decree-Law No. 21043published on 31 December 1974, the text of which is as follows:
"Article 104.- In no case will proceed interim release:
1) Of the authorities, officials and servants of any class or category in the service of the National Public Sector violate the assets of the entity on which to act or provide a service, unless it can be presumed that the accused has not acted fraudulently;
2) Of the accused for an offence against the public health; and
3) prosecuted for crimes in which specific Law are denied this right.
In the case of subsection (1) when there is no intervening appeal, the car that grant you the freedom to be high in consultation, which must be acquitted within the term of eight days, under the responsibility. The ex-carcelación will not take effect until the resolution becomes executory.« (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 104.- In no case will proceed to the provisional liberty of the accused for crimes in which the law forbids.«
Article 105.- Is also inadmissible the request for interim release and make repeat offenders, refugees and those who have the habit of crime, that will be appreciated with the merit pay sheet of background checks, will be added to the binder to form in each case.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 105.- It is also inadmissible the application for interim release made by repeat offenders, the returning, the usual and the fugitives« .( *)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 105.- It is also inadmissible the application for interim release made by repeat offenders, the usual and the refugees.«
Article 106.- The Public prosecutor and the investigating judge shall take into account the nature of the crime, the condition of the accused, his background and the circumstances that make it unlikely his escape, to set the amount of the bond or bail.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 106.- The parole may be granted by the judge. Also may be granted by the Tribunal Correctionnel while you may not have started the trial.«
Article 107.- The bond shall be empozando the defendant the sum fixed in the caisse des dépôts et Consignations to the judge's order.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 107.- Made the application for probation, the Judge may reject it flat or order processing and disposing be added to the court record, and criminal prosecution of the applicant and verify their address and occupation, except in crimes against life, body and health are committed by negligence, in which it will not be necessary these latest requirements.«
Article 108.- Offered bail staff and expressly accepted the conditions set by the court, the surety is obliged to submit to his credit as many times as required by justice and not to do so, shall pay, within forty-eight hours, the amount of the deposit, which will not be supported any recourse. If you finding for pay, not what has paid within the time period noted above, we will order the detention of the surety for a term which may not exceed six months.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 108.- Gathered the items listed in the preceding article, the Judge shall refer the incident to the Fiscal Agent for the term of one day to rule on the appropriateness of the request.
The judge will resolve the incident within the same term.«
Article 109.- If freedom has been under bond, and the defendant not appearing after being notified at the address indicated in cars, you will lose the deposited amount.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 109.- The Judge will take into account the personal circumstances of processing and your background to access or not to the application.«
Article 110.- It is not accepted the deposit that had been borrowed to another defendant in the same or another instruction, while this warranty is pending.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 110.- The investigating Judge may grant provisional liberty against the opinion of the Public prosecutor, but the release will not take effect in this case, until the car is ejecutoriado.«
Article 111.- Requested provisional release, if the judge thinks it appropriate, refer the request in a notebook aside in the fiscal agent for expressing your opinion, and if it was it favorable set the amount of the bond or bail.
Returned the incident of probation by the Public prosecutor, the investigating judge shall issue, within the second day the car accordingly. If it is of a surety bond, shall require the prior presentation of a certificate attesting to the deposit of the sum fixed.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 111.- The criminal Court will resolve the incident released on bail, with the prior opinion of the Public prosecutor.«
Article 112.- The investigating judge may grant provisional liberty against the opinion of the Public Ministry, as well as increase or decrease the amount of the bond or bond noted; but the release will not take effect in this case, until the car is ejecutoriado.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 112.- If granted provisional release, was issued in another process detention final against the accused, the Judge shall inform the extent to which granted the freedom to leave without effect.«
Article 113.- When the magistrate deems inappropriate to the probation, he will reject it outright.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 113.- The freedom of the processing will be carried out even when the civil party lodged an appeal against the warrant is granted.«
Article 114.- The investigating judge, ex officio or at the request of the Public prosecutor, shall suspend the provisional liberty granted and may, either ex the arrest, when the consider from.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 114. – The car of probation will be re-vocado ex officio or at the request of the Public prosecutor, if the processing does not comply with the obligations imposed upon it or perform preparatory acts of leakage or when it is rendered arrest warrant definitive by another intentional crime« .(*)
(*) Article replaced by the Article one of the Decree-Law No. 21043published on 31 December 1974, the text of which is as follows:
"Article 114.- The car of probation will be revoked ex officio or at the request of the Public prosecutor, if the processing does not comply with the obligations imposed upon it or perform preparatory acts of leakage or when it is rendered arrest warrant definitive by another intentional crime.
In the case of paragraph (1) of article 104, if in the course of the pretrial or Trial arises a presumption of willful misconduct.« (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 114.- The car of probation will be revoked ex officio or at the request of the Public prosecutor if the processing does not comply with the obligations imposed upon it or perform preparatory acts of leakage or circumstances that give more gravity to the fact, or when it is rendered arrest warrant definitive by another intentional crime.«
Article 115.- The security, bond or deposit shall be cancelled:
1º.- When the surety is subrogated or delivery to the accused.
The application of subrogation shall be handled in the same way that the offer of bail.
2º.- When it is reduced back to the prison the defendant in the case provided for in article hundred and twenty-one.
3º.- When the archiving process does not have the merit to go to trial.
4º.- When issuing a sentence.
5º.- When you extinguish the criminal action pursuant to this Code.(*)
(*) Article replaced by the Article 1 of the Decree Law No. 18978published on 28 September 1971, the text of which is as follows:
"Article 115.- The person will appear as many times as requested by the Judge, under penalty of a valid arrest, if not go to the subpoena.«
Article 116.- The criminal Court will resolve the incident released on bail, with the prior opinion of the Public prosecutor and with a summons to the accused.
If the criminal Court disapproves of the procedure of the judge instructor, you can withdraw the statement, entrusting her to the officer or expedited to a judge ad hoc if necessary.(*)
(*) Confront with the Article 1 of the Decree Law No. 18978published on 28 September 1971. (*)NOTE SPIJ
Article 117.- The sum charged for surety or bail will serve to compensate the damages to the party aggrieved, in the event of a conviction. The excess remnant or the integral, if there is no place in civil damages, shall be submitted to the Local Board of Trustees, for the purposes of article 404 of the Penal Code. (1) (*)
(*) Confront with the Article 1 of the Decree Law No. 18978published on 28 September 1971. (*)NOTE SPIJ
Article 118.- The accused benefited with the probation will be required to appear before the judge or before the political authority in the opportunities that will set the auto concesorio of that benefit. It should also reside in the place of the statement and will not be able to change the room without prior notice to the judge in writing. If the accused breaches any of these rules, the judge may order his recapture.(*)
(*) Confront with the Article 1 of the Decree Law No. 18978published on 28 September 1971. (*)NOTE SPIJ
Article 119.- The cars on the resolutions of the issues covered in this Title are subject to appeal in both effects, by the Public Ministry, the civil party or by the accused.
Not applicable in respect of them, the remedy of annulment.(*)
(*) Confront with the Article 1 of the Decree Law No. 18978published on 28 September 1971. (*)NOTE SPIJ
Article 120.- The bonds and their respective cancellations will be entered in a special Register shall be in the Courts Corrections by his Secretary. For the purposes of the Record, the judges, instructors shall inform the Court of Corrections that depend on the constitution of the bonds and the cancellation of them.(*)
(*) Confront with the Article 1 of the Decree Law No. 18978published on 28 September 1971. (*)NOTE SPIJ
THE INSTRUCTIVE
Article 121.- Before taking the pretrial statement, the judge instructor will present the accused has the right to attend a defender and that if not so designated shall be appointed ex officio. If the accused agrees to the latter, the investigating judge shall make the appointment of a lawyer or, in the absence of this, of honorable person. But if the accused does not agree to have defender will be noted in cars of his refusal, whose diligence must subscribe. If you do not know how to read and write, or is a minor, the judge will appoint advocate unfailingly.
“ Article 121-To: the absence of the accused and the absence
1. Corresponds to the Prosecutor during the preliminary investigation to identify the actual address of the defendant. The Judge can only open statement, when in the formalization of complaint complied with to see the actual address of the defendant.
2. During the instruction, the Judge will declare a stubborn the accused when: a) the actions it is evident that, however, having knowledge that is required, not voluntarily submitted to the proceedings; (b) the fugue of the establishment or place where he is detained or jailed; (c) not to obey, despite having knowledge of its broadcast, an order of detention or imprisonment; and, d) is absent, without permission, of their place of residence or the one assigned to reside.
3. The Judge, declared absent the accused when he is ignorant of his whereabouts, and does not appear of cars with evidence that was knowing the process.
4. The car, which declares the absence of the accused or the absence will order the driving force of the defendant, and will have you name a public defender, or the one proposed by a member of his family. The lawyer will be involved in all proceedings and may make use of all the means of defense that the Law recognizes.
5. The declaration of contumacy or absence does not suspend instruction. This statement does not alter the course of the process with respect to the other defendants.
6. With the presentation of the stubborn or absent, ceases such a condition, must be left without effect the mandate of driving compulsive, as well as all the communications that have studied with such an object” .(*)
(*) Article incorporated by the Article 4 of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity sixty days of its publication.
Article 122.- The statement will be taken by the investigating judge with the concurrence of the advocate, an interpreter, if the defendant ignores the English language, and of the actuary. This prohibited the concurrence of any other person.(*)
(*) Article amended by the Article 1 of the Decree Law No. 18850published on 05 may 1971, the text of which is as follows:
"Article 122.- The pretrial statement shall be taken by the investigating Judge with the concurrence of the ombudsman, of an interpreter if the accused ignores the Spanish language and of the Clerk of the Court, being able to attend the representative of the Public prosecutor, who may ask questions by the Judge.
In cases in which the complaint had been made by the State or by the Public prosecutor, or, in which the Attorney General of the Republic has went as part of civil defence of the economic rights of the State or the maintenance of constitutional order, the Fiscal Agent, the Prosecutor, in his case, and the Attorney General of the Republic, or who represent you legally, you are entitled to intervene in the infrastructure formulating, through the investigating Judge, the questions that are necessary to the interest or right which they defend. It is prohibited to the intervention of any other person.« (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 122.- The pretrial statement shall be taken by the Judge with the concurrence of the defender, of an interpreter if the accused does not understand or does not speak well the English language, of the representative of the Public Ministry, who will be able to interrogate the accused, and of the Clerk of the Court. It is prohibited to the intervention of any other person.«
MATCHES: D. LAW N° 17537, Art. 14.2
Article 123.- Only in case of emergency or in which it is to expire within twenty-four hours, can the judge instructor to begin the examination of the accused, without the presence of the ombudsman. In such a case, the instructive not close until he come.
The investigating judge will replace immediately the defender missing citations and impose a fine of up to two hundred suns.
Article 124.- The judge will ask the defendant name, surname paternal and maternal, nationality, address, age, marital status, profession, whether have children and the number of them, if it has been prosecuted or convicted, and the other data which it deems to be useful to the identification of your person and in the clarification of the circumstances in which he was when the crime was committed. What will be invited at once to express where, in the company of whom, and in that occupation was the day and hour in which the crime was committed, and everything to know concerning the fact or facts that are against him and their relationship with the aggrieved.
Article 125.- The questions made to the accused shall not be dark, ambiguous or leading. Will continue to be, as far as possible, the chronological order of events. Will aim to make known to the accused the charges against him, in order that it may destroy them or enlighten them. If the accused invokes the facts or evidence in their defense, they will be verified in the shortest time.
Article 126.- If the judge asks questions that are not in accordance with the provisions in the previous articles, can the defender to clear them or observe them, and stating the fact.
Article 127.- If the accused refuses to answer any of the questions, the judge instructor will repeat aclarándolas as possible, and if he keeps quiet, will be noted in the diligence. The judge will state that your silence can be taken as a sign of guilt. (*)
(*) Article amended by the Sole article of Law N° 27834published on 21 September 2002, the text of which is as follows:
“Article 127.- If the accused refuses to answer any of the questions, the criminal court judge, and the repeated aclarándolas as possible, and if he keeps quiet, will continue with diligence to give proof of such fact.”
Article 128.- The objects that are considered means of verification of the offence, shall be submitted to the defendant to recognize them.
Article 129.- The answers of the accused to the dictate of the investigating judge to the clerk, advising that before to him and to his counsel, that they have power to make the corrections that may be necessary. When the accused requests dictate their answers and the judge believes that you have the capacity to do so, you will be taken to the order. The accused can read for yourself your statement, or ask your advocate.
Article 130.- The Public prosecutor or the accused may request a confrontation with witnesses who appointed and we already have provided their statement. The investigating judge will order the confrontation, except that there were good reason to refuse.
In case of refusal, shall state the grounds, bringing a copy of the decree to the Court. The accused can request that we add this copy of the report. In this case, the criminal Court will resolve whether or not confrontation. The confrontation between the accused can not be denied by the judge, if the Public prosecutor or one of them asked.
Article 131.- The investigating judge may, of his own motion, order the confrontation of the accused with one or more of the witnesses.
Article 132.- It is prohibited in all employment promises, threats or other means of coercion, even if they are simply moral. The investigating Judge shall call upon the accused to tell the truth; but may not require an oath, or promise of honor.
Article 133.- The judge, when it is indispensable for the purposes investigatorios, kept in incommunicado detention of the accused, even after borrowing the instructive, which can be extended to that extent for more than ten days.
Isolation does not prevent the conferences between the accused and his counsel, in the presence of the investigating judge, who may be denied if the judge drawbacks.
The investigating judge shall give notice of the lack of communication to the criminal Court and shall state the reasons for that has had to be ordered.
Article 134.- The ombudsman shall take an oath or pledge of honor, your choice, to keep absolute confidentiality about the pretrial statement and the incidents of the instruction that is communicated under this Code. In case of incommunicado detention, you'll have to promise or pledge not to carry a message of any kind between the accused or any other person, even if it is for your family. The secret to which it is bound, it lasts only until the end of the statement.
Also, take an oath or pledge of honor to the interpreter that you will carry out faithfully the charge and that he will keep the secret of the instructive.
Article 135.- In the case of the pretrial statement too long, you can continue on different days; but necessarily must be finalized before the tenth. In the course of investigation the investigating judge may examine the defendant as many times as it deems appropriate, always observing the rules prescribed in this title.
Article 136.- The confession of the accused relieve the judge instructor practicing all of the steps necessary to verify the existence of the crime and the veracity of that statement.(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 136.- The confession of the accused is corroborated with evidence, revealed to the Judge, practice the procedures that are not indispensable, being able to complete the research provided that this does not harm other accused persons or that do not pretend to impunity for another, in respect of which there are suspicions of guilt.
The sincere confession verified can be considered to lessen the worth of the self-confessed limits below the legal minimum.« (*)
(*) Article amended by the Subsection (b) of Article 1 of the Law N° 28760published on 14 June 2006, the text of which is as follows:
“ Article 136.- Effects of confession
The confession of the accused is corroborated with evidence, revealed to the judge, practice the procedures that are not indispensable, being able to complete the research provided that it causes no harm to others indicted or that do not pretend to impunity for another, in respect of which there is a suspicion of guilt.
The sincere confession verified can be considered to lessen the worth of the self-confessed limits below the legal minimum, except in the case of the crimes of kidnapping and extortion, as referred to in articles 152 and 200 of the Penal Code, respectively, in which case it does not operate at the reduction.”
Article 137.- The teaching must be signed by the investigating judge, the accused, the advocate, interpreter, if any, and the clerk. If the instruyente not know how to sign, they will take your digital printing.
WITNESSES
Article 138.- The judge cited as witnesses:
1 the persons listed in the petition of the Public prosecutor or the injured party, or in the police report, as connoisseurs of the offence or the circumstances which preceded, accompanied or followed its commission;
2nd To the people that the accused designate as helpful to his defense, as well as to that particular offer with the aim of showing its probity and good conduct.
The number of witnesses included in these two subsections will be limited by the judge, at his discretion, the need to clarify the facts that creates indispensable. The judge. in addition, you must cite all of the people that assume they can provide useful data for the instruction.
Article 139.- The judge will signal the date and time for the appearance of the witness, under penalty of being led by the force.
Article 140.- If the person summoned as a witness was a public employee or military service, the investigating judge, in addition to the direct summons, shall notify in office at the top-the fact of the citation, with the purpose of instructing the appearance. The witness cannot excuse the lack of this order to get rid of the liabilities incurred by the effect of its omission. If the witness shrug is a soldier, these responsibilities will fall on the top that is not ordered to the court.
Article 141.- May not be forced to testify:
1, churchmen, lawyers, doctors. notaries and midwives, in respect of the secrets entrusted to them in the exercise of their profession;
2. The spouse of the accused, their ascendants, descendants, brothers and sisters politicians;
The people included in these items will be advised of the right that assists them to refuse the statement, in whole or in part.
Article 142.- Before receiving the statement of a witness, the judge will ask you if professes a religion or not; in the first case, will be required oath, and in the second, the promise of honour to speak the truth. Not require taking an oath or promise when they declare:
1 The witnesses included in the preceding article;
2nd minor under the age of eighteen years, and people who, for lack of development or decline mentally, they are considered an intellectual state lower than normal. The Judge will explain to every witness that incurs criminal responsibility if you miss the truth.
Article 143.- The aggrieved party shall be discussed not necessarily in the same way that the witnesses.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 143.- The aggrieved party shall be discussed not necessarily in the same way that the witnesses. When the State is the one wronged you, your representative will ratify in the complaint, providing the data necessary for a better clarification of the facts alleged» .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 143.- The statement custody of the aggrieved party, is optional, unless the mandate of the Judge, or the request of the Public prosecutor or the defendant, in which case it will be examined in the same way that the witnesses” .(*) (*) GRINDING ERRATA
(*) Article amended by the Article 2 of the Law No. 27055published on 24 January 1999, the text of which is as follows:
"Article 143.- The statement custody of the aggrieved party, is optional, unless the mandate of the Judge, or the request of the Public prosecutor or the defendant, in which case it will be examined in the same way that the witnesses.
In cases of sexual violence in tort for children or adolescents with the statement of the victim will be the yield to the Prosecutor of the Family, in accordance with the provisions of the Code of Children and Adolescents, unless mandated otherwise by the Judge.
The confrontation between the alleged perpetrator and the victim shall proceed as if this were older than 14 years of age. In the case that the victim was under 14 years of age, the confrontation with the alleged offender shall also at the request of the victim.«
Article 144.- Deaf-mutes who can write, they shall take an oath or promise and written statement. Those who do not know, they will do it for signs that they reveal facts of easy perceived and understandable to the judgment of the judge.
Article 145.- The witnesses will be asked for your name, surname, nationality, age, religion, marital status, address, relationship with the accused, with the aggrieved party, or any person interested in the process, and they will be invited to express an orderly fashion by the facts that the judge deems relevant, seeking, by means of questions timely and accurate observations, that the statement is complete; that the contradictions are resolved and give explanation of the claims or denials are made.
Article 146.- When it is a question of the witness recognize a person or thing, you should describe it previously and then you will be presented so that they can restore the conditions in which that person or thing is was when it was the fact. Also, you will be able to replenish the scene of the crime or their circumstances, when the magistrate deems it necessary to clarify the statement of any witness, of the aggrieved person or the accused.(*)
(*) Article amended by the Article 2 of the Law No. 27055published on 24 January 1999, the text of which is as follows:
"Article 146.- When it is a question of a witness to recognize a person or thing, you should describe it previously, then you will be presented so that they can restore the conditions in which that person or thing is was when it was the fact. Also, you will be able to rebuild the scene of the crime or their circumstances, when the Judge deems it necessary, to clarify the statement of any witness, of the aggrieved person or the accused.
In any case, you will order the attendance of the child or adolescent wronged in cases of sexual violence for the purposes of reconstruction.«
Article 147.- Witnesses sick or unable to attend, will be examined by the investigating Judge in their homes. In case of danger of death, the witness shall be examined immediately.
Article 148.- The President of the Republic, the Archbishop and the Bishops in their respective Dioceses, shall, at its option, at home or in the local Dispatch.(*)
(*) Article amended by the Article One of the Decree-Law No. 23084published on 13 June 1980, the text of which is as follows:
“Article 148.- The President of the Republic, Ministers of State, Senators and Deputies, members of the Supreme Court, the National Council of Justice, the Supreme Council of Military Justice, and of the Superior Courts, the Archbishops and Bishops, although they have ceased to be in the role shall, at its option, at your home or at your local Office or at your respective houses during the operation of the Congress, or in the local Court.” (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 148.- The President of the Republic, Senators and Deputies, the Ministers of State, Judges of the Supreme Court and Higher Courts, the public Prosecutor of the Nation, and Tax before the Supreme Court and the Superior Courts, the members of the Court of Constitutional Guarantees, the National Council of the Judiciary and the Supreme Council of Military Justice, the Archbishops and Bishops, shall, at its option, at your home or at your local Office” .(*)
(*) Article amended by the Sole article of Law No. 27264published on 21 may 2000, the text of which is as follows:
"Article 148.- The President of the Republic, the Congress, Ministers of State, the President of the National Jury of Elections, the Ombudsman, the Comptroller General of the Republic, the members of the board of the Central Reserve Bank, the Superintendent of Banking and Insurance, the Judges of the Supreme Court and Higher Courts, the public Prosecutor of the Nation, and Tax before the Supreme Court and Higher Courts, the members of the Constitutional Court, the National Council of the Judiciary, of the Supreme Council of Military Justice, the Archbishops and Bishops, shall, at its option, in your home or at your local Office.«
Article 149.- To Diplomatic Agents accredited to Peru, I will receive your statement, to be flat to loaning, by report, to the effect of which shall be sent, through the Ministry of Foreign Affairs, a copy of the interrogation.
Article 150.- The examination of witnesses residing in another province, you will make it through I urge the judge of the place, explained in the office of the facts must be ascertained. For the statement of witnesses residing in the districts of the same province, the urge will get rid of the justices of the peace, when the instructor deems that it is not essential to the concurrency staff of the witnesses. These offices are reserved and may not be reported by the judge that the receives to any person, before being evacuated to the statement, under the responsibility. Whenever there is communication by rail or other rapid means of transport, the magistrate shall order the attendance staff of the witnesses he deems important.
Article 151.- In urgent cases, the commission to examine witnesses may be given by means of telegraph, telephone or radio. By the same means may be transmitted to the important data resulting from a declaration, provided that the judge instructor request it, without prejudice to the declaration in the form stated in writing, pursuant to the provisions established in this Code.
Article 152.- If the witness ignores the Spanish language will make use of an interpreter; but in the actuated shall contain the statements in both languages. The interpreter shall take an oath or pledge of honor to carry out loyally the charge.
Article 153.- The witnesses whose statements, in the opinion of the investigating judge, are of capital importance, be warned that, if the criminal Court, as it deems necessary, must attend the oral proceedings.
Article 154.- The judge warned the witnesses who indicated that they should go to the oral debates, which have the right to request compensation. If any of the request, the judge shall determine the amount, according to the usual occupation of the witness. The indication of the investigating judge and the compensation fixed, it will be noted in the statement.
Article 155.- Witnesses shall be examined separately. It is prohibited to confrontation or confrontation between witnesses, which does not prevent the intertogatorios are directed in the sense of clarifying the contradictions that result from a statement with references or versions listed above.
Article 156.- The judge will be directly communicated to the accused or his lawyer the name of the witnesses before they speak, so that they may make observations with respect to their ability or fairness. The answers you give will be expressly stated.
In case of studded witnesses, the judge will ask the way how you can check the facts on which is based the blemish and will be ex-officio investigations necessary for that check. The blemish does not prevent you from receiving the statement of the witness.
Article 157.- The defendant by himself, or by his advocate, you may request the investigating judge that he may grant you to witness the declaration of all or some of the witnesses. The Judge will gain access to this petition in respect of the witnesses who cannot be influenced by the presence of the accused, and when you think that confrontation does not affect the discovery of the truth.
Article 158.- When the accused go to the statement of a witness, what will you do with your counsel, and may request the investigating judge that he does certain questions. The judge will be able to access or deny, in its sole discretion. In case of refusal, it will leave a record of the questions.
Article 159.- In the entire statement must be included with entire fidelity to the questions and answers.
The declarant must respond orally, without avail themselves of written or any document.
Extended the declaration will give a reading for the witness to express your conformity. However, the witness may be read by itself diligence when requested. The judge and the concurrent diligence, shall sign the minutes. If the witness does not know how to sign, they will take your digital printing.
EXPERTS
Article 160.- The investigating judge shall appoint experts, when in the instruction it is necessary to know or appreciate something important that requires special knowledge. This appointment will be communicated to the accused, the Public prosecutor's office and the civil part.
Article 161.- The experts will be two, and the investigating judge shall be appointed in preference to specialists where they exist, and, among these, those who are serving the State. In the absence of professional shall appoint a person of recognized integrity and competence in the matter.
If the judge appoints experts who are not at the service of the State, in the same car will be fixed fee.
Article 162.- In the same decree in that behalf expert witnesses should be determined by the term in which they have to submit its opinion, taking care of that this time period is sufficient.
Article 163.- The experts who delay the opinion will be compelled to issue it within forty-eight hours.
Article 164.- Experts can be excused for the same reasons that allow the witnesses to refuse to testify.
Article 165.- The accused may cross out to the experts for the same reasons that the witnesses. The judge will investigate the facts in that it blends into the blemish. If this is proven, shall appoint other experts.
The blemish does not prevent the filing of the opinion.
The accused and the civil party may appoint, by his account, an expert, whose opinion will be added to the statement.
Article 166.- If circumstances require an immediate recognition for fear that they erased the traces of the crime, the investigating judge may order that you practice one or two experts. In this case, it is not necessary to subpoena any, and the operation must be performed within twenty-four hours. The opinion issued in this form may be submitted to the study or other expert appointed in accordance with the preceding articles, which in turn, shall recognize, as far as possible, the things that were a matter of the first opinion. For the test that you must follow to the delivery of the reports, will be also cited the experts who made the first recognition.
Article 167.- The experts delivered personally, their opinions on the magistrate, who, in that same act, they will take an oath or make a promise to tell the truth and will examine them as if they were witnesses, asking them if they are the authors of the opinion that present, if they have acted impartially in the test and in the information which they subscribe, and all the circumstances that it deems necessary to clarify and arising because of the facts that are known to the statement because of the resulting opinions. If there is contradiction in the opinions, the judge will have a debate, in which every one of the expert witnesses, stating the reasons that he has to say as he does, should the judge to require them to write a summary of the arguments. The experts can't refuse to give explanations that the judge asked. Must be this diligent people or things subject matter of the expert opinion, provided that it is possible.
Article 168.- The examination of the experts, it is mandatory for the investigating judge. Diligence, may attend the accused, his counsel, the Public Ministry and the civil part. Either of them may request the investigating judge to demand the clarification of some point.
Article 169.- In the opinions that are issued on special recognitions, observe the rules prescribed in the respective degree.
PROCEEDINGS SPECIAL
Article 170.- When the offence is prosecuted have left their traces or material evidence of its perpetration, the investigating judge or the one to do his times, the recojerá and keep it to the trial, if it were possible, proceeding to the effect to the ocular inspection, and the description of everything that may be related to the existence and nature of the fact.
To this end, shall include in the case file for the description of the place of the offence, the site and the state in which they are the objects on it, the accidents of the terrain or situation of the rooms and all the other details that can be used, both for the prosecution and for the defense.
When it is convenient for clarity or verification of the facts, raise the level of the place sufficiently detailed, or will the portrait of the people who had been the object of the crime, or the copy or design of the effects or instruments of the same that had been found.
Article 171.- Instruments, weapons and effects that are collected shall be sealed, if it were possible, by agreeing to retention and preservation. The proceedings to which it deviates place will be signed by the person in whose power had been found, and in his absence, by two witnesses.
If the objects cannot by its nature be preserved in its primitive form, the judge will decide what he deems more convenient to keep them in the best possible way.
Article 172.- In the instrución by cause of violent death or suspected of the crime, the judge and the experts will do the recognition of the corpse before burial; and the judge shall order that you practice the autopsy, in your presence, by the experts appointed in accordance with the respective degree, and request of these clarifications that it deems necessary, raising act with the diligence.(*)
(*) Confront with the Article 239 of the Legislative Decree No. 638published on 27 April 1991.
(*) In accordance with the Article 4 of the Law N° 26715published on 27 December 1996, amending or repealing any provision of the law which is contrary to the said law, including the present Article, the relevant part.
MATCHES: Directive No. 01-90-FSP-MP, Num. 4 Section C
D. Lgs. N° 638, Arts. 239 and 240
Law # 26715
Article 173.- The identity of the corpse will seek to establish before the autopsy, questioning the person to whom is attributed the death and who knew the deceased.(*)
(*) Confront with the Article 239 of the Legislative Decree No. 638published on 27 April 1991. (*)NOTE SPIJ
Article 174.- If you don't have witnesses who could identify the corpse, and if the state permitted, will be exhibited for twenty-four hours to the public, in an appropriate place, taking the necessary precautions, and shall be marked with a sign indicating site, time, and circumstances in which it was found, and the obligations are those who know him or have any information, supply it to the investigating judge.
(*) Confront with the Article 239 of the Legislative Decree No. 638published on 27 April 1991. (*)NOTE SPIJ
Article 175.- If, despite this, the corpse is not recognized, the investigating judge will photograph and keep all of the clothing that was found, which may serve for identification. In addition to the photography will be noted in the minutes that lift all the signs in particular are capable of being used in a timely manner to set your identity or to clarify the circumstances of his death.
MATCHES: D. Lgs. N° 638, Art. 239
Article 176.- The doctor who has attended the deceased in the disease that has preceded the death referred to in article 172 shall be invited to witness the autopsy to give technical information about the course of the disease.(*)
(*) Confront with the Article 240 of the Legislative Decree No. 638published on 27 April 1991. (*)NOTE SPIJ
Article 177.- The autopsy will be witnessed by the accused and the ombudsman, if requested. The judge will record the observations made in this diligence.(*)
(*) Confront with the Article 240 of the Legislative Decree No. 638published on 27 April 1991. (*)NOTE SPIJ
Article 178.- If the crime has been reported or discovered after the burial, the investigating judge ordered the exhumation and take out the recognition and proceedings referred to in articles earlier, as soon as possible.
Article 179.- The autopsy will understand always the opening of the cavities cranial, thoracic and abdominal. It will also, where necessary, in the judgment of the investigating judge and whenever it is practicable, to the cavity of the vertebral column and any organs that need to be examined in detailed and methodically, according to the directions in scientific research. When it comes to the autopsy of a newborn, it will examine if you have lived after or during the birth, if you had come to full development, and if you were born in feasibility conditions.(*)
(*) Article repealed by the Article 2 of the Law N° 31212published on June 10, 2021.
Article 180.- If there are any signs of poisoning, the experts will examine the viscera and the subjects suspicious who are in the body or in another part and sent in containers apparent, closed, and lacrados, the laboratory of criminology of the Judicial Police.
The subject of the investigation will be preserved, if possible, to be presented at discussion oral.(*)
(*) Confront with the Article 242 of the Legislative Decree No. 638published on 27 April 1991. (*)NOTE SPIJ
MATCHES: D. Lgs. No. 638, Art. 242
Article 181.- In case of bodily injury, the investigating judge may require that the experts determine, in its report, the weapon or instrument that has been caused and if they left or not deformation and signs are permanent in the face, put in danger the life, caused incurable illness or the loss of any limb or organ, and, in general, all circumstances that, under the Code of Criminal influence in the qualification of the offence.(*)
(*) Confront with the Article 243 of the Legislative Decree No. 638published on 27 April 1991. (*)NOTE SPIJ
MATCHES: D. Lgs. No. 638, Art. 243
Article 182.- In the case of abortion, we will check the pre-existence of pregnancy, signs indicative of the violent expulsion of the fetus causes that determined the likely authors, and other circumstances which serve to appreciate the nature and seriousness of the fact.
(*) Confront with the Article 244 of the Legislative Decree No. 638published on 27 April 1991. (*)NOTE SPIJ
MATCHES: D. Lgs. No. 638, Art. 244
Article 183.- In the offences against the estate must be accredited pre-existence of the thing subject matter of the crime.
(*) Confront with the Article 245 of the Legislative Decree No. 638published on 27 April 1991. (*)NOTE SPIJ
MATCHES: D. Lgs. No. 638, Art. 245
Article 184.- Display or delivery of a file or writings preserved in an official file, must be made by the Head of the office; but in the event that it declare that contains official secrets, requires the authorization of the Ministry of Industry, who can deny the documents containing military secrets or diplomats, limited in this case to give a copy of the portion of the document that may be of interest to justice. If the judge deems it necessary, in serious crimes, you can take the correspondence of the accused, whether that is in a Post office or Telegraph office, or in the power of the people who have received and to save that which relates to the facts of the statement.
Article 185.- The part of the letters or telegrams held, you can communicate without prejudice to the statement, will be trascrita to the recipient, upon order of the court.
Article 186.- The investigation of the public offices, and in the military barracks or police, social clubs, convents, and colleges, and places to charge an authority, should be provided by the immediate superior of that is in them, with the simple request of the investigating judge, under penalty of considering them as responsible for an offence against the administration of justice.
Article 187.- Only the investigating judge can read the papers of the person who is the subject of the record, separating it deems necessary for the statement, which shall be notified to the fiscal agent.
Article 188.- The object-matter of the offence may be returned to its owner, letting herself be recorded in the car.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 188.- Return objects .
The object-matter of the offence may be returned to its owner, letting us record in the file, unless that address real inherently criminal and there is an autonomous process to do this.”
“ Article 188-A. - invalidity Proceedings of transfers.
1. In the cases of article 97 of the Penal Code and in the case of property subject to forfeiture in accordance with article 102 of the Criminal Code, which had been transferred illegally, the declaration of invalidity shall be agreed on in the criminal process to the issued statement, without prejudice to the annotation preventive and/or other injunctive relief in order to ensure the effectiveness of the annulment to be made with the judgment.
2. The procedure is subject to the following rules:
(a) The Prosecutor or, in your case, the civil party, once identified a transfer of a commodity that is subject to confiscation or that can respond to the civil remedies, and that is deemed to fall within the numeral 1), it shall make a reasoned decision on the claim to anulatoria appropriate and will urge the Judge to form the binder of nullity of transfer. In that same notice will provide the relevant test.
(b) The Judge shall be served to the requirement of the nullity of both the accused when the purchaser and/or holder of the well-questioned, so that in the fifth day of notified speak out about the petition of nullity. The located, together with your reply, shall provide proof that they deem convenient.
(c) The Judge, acquitted, the application or expiration of the term corresponding to be the case, open the incident to test for eight days. Have standing to intervene in the action probation parties and those who have been fielded as a purchaser and/or holder of the well-questioned.
d) Performed the tests will give a decision terminating the proceedings incidental. The court trial the sentencing will decide on the annulment of respondent.
(e) The purchaser and/or holder of the well-questioned is authorized to act in all proceedings that may affect your right and, especially, in the oral proceedings, that may make written submissions and oral. In this last case, will intervene after the third civil.
(f) If the transfer is discovered after completed the stage of statement, you may request the annulment in execution of a sentence. We will continue, as appropriate, the same set forth in this paragraph” .(*)
(*) Article incorporated by the Article 2 of Legislative Decree N° 959published on 17 August 2004.
Article 189.- Where there is any suspicion that the defendant suffers from mental disturbances or other pathological conditions that may alter or modify its liability, the trial judge, ex officio or at the request of the ombudsman, or the fiscal agent, shall send to recognize it by two expert psychiatrists. The ombudsman, or the fiscal agent may also appoint an expert.
The investigating judge will go to the accused to the examination of the experts.
Article 190.- If the investigating judge, taking into account the conclusions of the survey mental, acquires the conviction that the accused is not alienated or that only passes by a disturbance of consciousness, that does not exclude liability even though the dim, shall declare, at the same hearing, which continues the statement. In this case, it will raise ex officio the incident to the criminal Court, who may, on view tax, reserve it for when you send the instruction or order new recognition, trust to another judge in the instruction, or dictate the extent that it deems to be appropriate.
Article 191.- If, on the contrary, the trial judge is convinced that the defendant suffers from mental disturbances, the prior opinion of the fiscal agent, will order his admission to the asylum of the insane; and shall submit the statement to the Tribunal Correctionnel, to resolve definitively.
Article 192.- If during the arrest the accused to get sick, to the point of making necessary their translation to the hospital, the request of the investigating judge, who prior medical report and taking the assurances necessary, you will be taken to it. Corresponds to the Tribunal Correctionnel resolve when the defendant became ill, being at your disposal.
Article 193.- If the railroads or ships occurs, a death, or commits a crime of homicide, injury, fire, or of any other nature, the captain, conductor or leader of the ship, made the first investigations ensuring the alleged offender, and raising act with the statements of the people who had witnessed or whose appreciation is helpful for your clarification. The accused and these performed will be handed over to the Police authority next to that the put at the disposal of the competent judge, it will be the first one to be possible to report the crime.
Article 194.- For the investigation of the fact that constitutes the offence or for the identification of the guilty, it will use all the means scientists and technicians that were possible, as tests for fingerprints, blood, stains, traces, documents, weapons and projectiles.
Article 195.- The investigating Judge or the criminal Court may order, as the circumstances require it, and the possibilities that exist, the examination of the accused or witnesses in order to determine their physiological conditions, intellectual, and mental disabilities.
ORDER INSTRUCTION
Article 196.- The statement will be closed when the judge has accumulated enough elements to fill the object of it pursuant to article seventy and two.(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 196.- The statement will be completed when you have the expiry of the term you have selected, or when you have accumulated enough elements to fill the object of it pursuant to article 72 or when the circumstances referred to in Article 136.«
Article 197.- If the judge considers completion of the training, will send it to the fiscal agent for that rule on its merit.(*)
(*) Article repealed by the First Complementary Derogation of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity sixty days of its publication.
Article 198.- The fiscal agent, upon receipt of the instruction, if it considers that it has been omitted due diligence substantial to complete the research, indicate that in your judgment are necessary, and ask the judge to extend the statement. If you believe that the statement has filled your object, it will express its opinion on the crime and the responsibility or innocence of the accused.(*)
(*) Article amended by the Article 1 of the Law N° 27994published on 06 June 2003, the text of which is as follows:
« Article 198.- The Prosecutor, upon receipt of the statement if you consider that you have omitted errands substantial to complete the investigation, it shall indicate the measures are necessary and will ask the Judge to extend the statement. If you have been served with the proceedings substantial instruction or expired, the extension of the same, the Prosecutor shall issue its opinion in that will list the procedures requested and had been practiced, the proceedings which have not been acted, the incident promoted and resolved, as well as shall express its opinion on the compliance of the procedural deadlines.« (*)
(*) Article repealed by the First Complementary Derogation of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity sixty days of its publication.
Article 199.- Issued the opinion, the judge will raise the case to the criminal Court with its report on the same points indicated in the previous article.(*)
(*) Article repealed by the Article 106 of Legislative Decree No. 52published on 18 march 1981in terms authorize the Judge to return the case to the Fiscal Agent for issuing opinion.
(*) Article amended by the Article 1 of the Law N° 27994published on 06 June 2003, the text of which is as follows:
« Article 199.- Issued to the opinion of the Prosecutor, the Judge will lift the cars to the Upper Room, a Criminal with his report on the same points indicated in the previous article, the legal status of each of the accused.« (*)
(*) Article repealed by the First Complementary Derogation of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity sixty days of its publication.
Article 200.- If the judge believes that they are adequately credited for the crime and the liability of the accused and he is arrested, he shall order his translation to the see of the Tribunal Correctionnel. If you are on bail or surety bond, it shall notify to present to the Court, under threat of arrest, summons of the guarantor.
If the judge agrees with the opinion of the fiscal agent about the innocence of the accused, put in freedom and raise the case to the criminal Court, notice of which must be submitted to the Court in the event that it finds that has a place to trial.(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 200.- If the Judge believes that they are adequately credited for the crime and the responsibility of the accused, and this is stopped, will make this fact known to the Court of Corrections and the prison concerned. If you are on parole or with a summons notifies you to present to the Court, under threat of detention.
If the Judge agrees with the opinion of the Provincial Prosecutor about the innocence of the accused, put in freedom and raise the case to the criminal Court notifying it that must be submitted to the Court if it finds that there is a place to trial.« (*)
(*) Article repealed by the Article 2 of the Law N° 27994published on 06 June 2003.
Article 201.- In any state of the instruction that is accredited fully inculpabilidad of the defendant, the court may order his unconditional release.
The car that has not run but after approved by the Tribunal Correctionnel.(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 201.- In any state, if the statement be fully demonstrated the inculpabilidad of the defendant, the Judge must order his unconditional release; and the self that has to run after consultation of the Court of Corrections, which, in the peremptory term of three days, it will render the relevant resolution” .(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 201.- In any state, if the statement be fully demonstrated the inculpabilidad of the defendant, the Judge, ex officio or at the request of the accused shall order his unconditional freedom and the self that has to be executed immediately, and must raise the Tribunal Correctionnel the notebook respective when you have other processed that should continue to be detained. If the cause is still only against the one who is the object of freedom, it will raise the master record.
In this case, if the Court approves, the consulted shall order the filing process. If you disapprove of the car shall provide for the recapture of the improperly released may impose sanctions or to have the corresponding actions if freedom has been malicious.«
Article 202.- The statement must be completed within a maximum period of six months, under the responsibility of the officials who have been involved in it.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 202.- The statement must be completed within a maximum period of 5 months, with the exception of those that are governed by special laws, under the responsibility of the officials who have been involved in it.
In the cases in which in accordance with the provisions of Article 219 of this Code, grant term ampliatorio for the instruction and its expiration not have acted proceedings or tests ordered, the Fiscal Agent and the investigating Judge in their respective opinion and report shall specify the reasons for such non-compliance, so that the Tribunal Correctionnel establish the liability and penalty that may apply«. (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 202.- The Term of the Instruction will be of four months, unless a different provision of the law. Exceptionally, at the request of the Public prosecutor or if deemed necessary by the Judge, to be substantial evidence for the better elucidation of the facts, this period may be extended up to a maximum of sixty additional days, putting themselves in the knowledge of the Tribunal Correctionnel appropriate, by resolution duly substantiated” .(*)
(*) Article extended by the Article 2 of the Law No. 27553 published on 13 November 2001, the text of which is as follows:
"Article 202.- The term of the Instruction will be four months unless a different provision of the law. Exceptionally, at the request of the Public prosecutor or if deemed necessary by the Judge, to be substantial evidence for the better elucidation of the facts, this period may be extended up to a maximum of 60 additional days, putting themselves in the knowledge of the Tribunal Correctionnel, corresponding, by resolution duly substantiated.
In the case of complex processes for the subject; and by the amount of means of proof by act or gather; for the competition events; a plurality of processed or injured; because the bands or organisations linked to the crime; for the need of skills documentaries, in-depth review of documents; by efforts of a procedural nature to be processed outside of the country or to which it is necessary to review the management of legal persons or entities of the State, the Judge, ex officio, by self-motivated be able to extend the period referred to in the previous paragraph, for up to eight additional months subject to extension under their personal responsibility and that of the judges sitting in the Upper Room.
The cars that have the extension of the period referred to in this article, will be communicated to the Upper Room. The time limit for issuing tax opinion as well as the final report of the judge is twenty calendar days, in each case.
The resolution is subject to appeal in a single effect, having the Upper Room, to solve the prior opinion of the Public Ministry at the end of ten days.” (*)
(*) Article amended by the Article 3 of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity the sixty days of publication, the text of which is as follows:
“ Article 202.- Within the statement, complexity and control term
1. The term of the statement will last up to one hundred twenty (120) calendar days, unless a different provision of the law.
2. Only for justified reasons and motivated, dictating the respective resolution, the judge extension may be granted only once to a maximum of sixty days, to that effect, the judge will be the book with the parts pertinent procedural and lift at the end of the 24-hour Room Top Criminal, to approve or disapprove within the third business day to the provision of extension.
3. In case the Room high Criminal disapproving the extension, it shall order the Criminal Judge to put an end to the statement. If approved, shall provide for the continuation of the statement, and may set a different period of extra time, always within the time period set forth in the preceding paragraph. If he had not complied with the object of instruction due to the frustration of the proceedings, scheduled or undue delay attributable to the court, the Chamber may approve the extension up to a maximum of sixty (60) calendar days, and shall send copies to the control unit, if the case may be.
4. In the case of complex processes, the term of instruction is eight (8) months and may be extended, for the only time, for up to four (4) months, as long as the Upper Chamber of Criminal approves of, under the procedure outlined in the previous paragraphs. The complexity may be declared ex officio by the criminal judge at the hearing of charges of imputation or by using self up prior to the end of the normal period of training.
5. The resolution that declares the complex the criminal process is susceptible of appeal, without suspensive effect. The Room settled into the fifth business day of receipt of the notebook in question.
6. Corresponds to the judge issuing the resolution that declares a complex process, where: (a) require the performance of a significant amount of investigative actions; (b) understand the research of a number of crimes; (c) involves a significant amount of imputed and aggrieved; (d) require assessments that involve the review of a large documentation or complicated technical analysis; (e) you need to make efforts procedural out of the country; (f) involves carrying out errands in several judicial districts; g) review the management of legal persons or entities of the State.
7. In the above cases, the Room will resolve without sight fiscal” .
Article 203.- To meet the deadline of six months will unfailingly the statement at the criminal Court in the state in which it is found, with the tax opinion and the report of the investigating judge. (*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 203.- The expiration of the period of 5 months will unfailingly the statement at the criminal Court in the state in which it is found, with the tax opinion and the report of the investigating Judge.« (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 203.- The expiration of the term ordinary and, in his case, the more it contracts the previous article, and complied with the procedure referred to in Article 197º, the Instruction will rise in the state in which it is found, with the Tax Opinion and the Report of the Judge who issued within eight days following the opinion, if there is an inmate in prison, or 20 if it's not there.« (*)
(*) Article amended by the Article 1 of the Law N° 27994published on 06 June 2003, the text of which is as follows:
« Article 203.- The expiration of the term ordinary and, in his case, the more it contracts the previous article, and complied with the procedure referred to in article 197, the instruction will rise in the state in which it is found, with the Tax opinion and the report of the Judge who issued within three days of receipt of the car, if there is an inmate in jail, or eight if it's not there; in case it is declared complex the process, the periods indicated above will be doubled automatically.« (*)
(*) Article repealed by the First Complementary Derogation of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity sixty days of its publication.
Article 204.- Before rising the statement to the Court, it will be made available to interested parties in the Office of the judge for the term of three days.(*)
(*) Article amended by the Article 1 of the Law N° 27994published on 06 June 2003, the text of which is as follows:
"Article 204.- Before rising the statement to the Criminal Chamber, it will be made available to interested parties in the office of the Judge for the term of three days. The notification will be at the address for service indicated by the parties” .(*)
(*) Article amended by the Article 3 of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity the sixty days of publication, the text of which is as follows:
“ Article 204.- Disposal of records
The Judge will complete the statement, and shall make the record available to the interested parties for the term of three (3) business days. The notification will be at the address for service indicated by the parties. That period, no further proceedings shall transmit the file to the Criminal Chamber Top” .
THE INSTRUCTION AGAINST THE ACCUSED ABSENT
Article 205. The statement against the accused absent will be held nombrándosele ex-officio defender, who will be involved in all proceedings and may make use of the available legal remedies.
Also appoint a counsel for all the accused persons absent that are included in a statement against the accused present.
If there is manifest incompatibility in the defenses of the accused absent, shall be appointed defenders that are necessary.
Article 206.- Completion of the training against an accused absent, the instructor will raise the case to the Court with the respective reports
BOOK THREE
THE TRIAL
THE TRIBUNAL CORRECTIONNEL
Article 207.- The trial will be oral and public in the Courts, Correctional, formed in each Superior Court for a Chamber composed of three members.
Article 208.- Will Courts Corrections in the various Courts, in the number that the law determines. The Presidents of the Higher Courts, if required in the recharged number of processes, will benefit the constitution of the Courts that may be necessary; which will be formed by two alternates, and a member of the Court, who shall preside over the Room.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
«Article 208.- Will Courts Corrections in the various Courts, in the number that the law determines. The President of the Superior Courts, if required in the recharged number of processes, will benefit the constitution of the Courts as may be necessary, which will be formed by a member of the Court, who shall preside, and two Alternates. These Courts shall preferably sit in hours that don't disrupt the office of the court".(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 208.- The Higher Courts, when the recharged number of records so requires, may, by Agreement of Full Room and in the knowledge of the Supreme Court, provide for the operation of Courts, Correctional, Special, presided over by a Magistrate Holder; and Special Judges as are necessary to relieve congestion in the courts of ordinary.«
Article 209.- The intervention of the Public prosecutor in the hearing is binding, unless in the judgment reserved for the private action. The omission of this procedure is a ground for nullity. The Prosecutor may be replaced by an alternate.
Article 210.- The hearing may not be made without the presence of the accused and his or her counsel.
« However, if the defendant that would have went in the process, to stop to come to the hearing at which it was located, the Court will make a new site for the second day following proceeding since then the trial with only the assistance of the Ombudsman, if that is not the case. The notice shall be by summons, and for a time in the daily charge of the publication of legal notices« (*)
(*) Paragraph added by the Article 1 of the Decree Law No. 19030published on 12 November 1971. Subsequently, the article was expanded by the Article 1 of the Decree Law No. 19962published on march 28, 1973, by adding the following paragraphs:
« However, if the person who had went in the process, to stop to come to the hearing at which it was located; or one who, without paying his pretrial statement or without exerting the means of defense, rehuyera the judicial process, to be tried in his absence by the Court, with the assistance of the public Defender, who will represent you to make use of all the resources that the law over the accused.
Also, the defendant would have went in the criminal justice process and to be left to come to the hearing for reasons of health, will be judged without their assistance. Speaking to the ombudsman to exercise in his name the resources that the law over the accused.« (*)
(*) Article replaced by the Article 1 of Legislative Decree No. 125 published on 15 June 1981, whose text is as follows:
Article 210.-" The hearing may not be made without the presence of the accused and his or her counsel.
In the case of reo with known place of residence or legal indicated in cars, you will be required to for their concurrence to the judgment under penalty of being declared a stubborn and ordered his capture if it has the status of a free or revoked your freedom if you enjoyed this benefit, noting new date for the hearing, provided that there are no other inmates free has been submitted or in jail. If the defendant persists in his inconcurrencia, will become effective the warning, proceed thereafter in accordance with the provisions in articles 318 to 322 of the Code of Criminal procedure.
The absence of the stubborn will not in any case the initiation of the Trial, when you're to inmates in jail or free present. If you were arrested or him to be present after the initiation of the trial and before judgment, will be examined and you will be able to act proceedings consistent with the state of the cause, turning to listen to the Public Ministry, if it had occurred at the request orally.«
MATCHES: D. L. No. 19962, Art. 2
Article 211.- If the Prosecutor or the attorney, appointed either by the defendant or by the Court, Correctional, could not attend the hearing due to illness or other hindrance, will be replaced by the corresponding person, may postponed the hearing for one, two or three days, in the judgment of the Court, so that new designated to be reported in the statement and conferencien with the defendant.
Article 212.- In all judgment to appear for the defendant without ligatures or prison, accompanied only of the members of the police force necessary to prevent the leakage.
Article 213.- The Secretary and the Rapporteur of the Tribunal Correctionnel will attend the hearings. The Rapporteur read the parts that the President ordered, and the Clerk will issue a certificate that will precisely what happened in the hearing.
Article 214.- When the Court agreed to by the concurrence of some experts or witnesses, it is mandatory to support these. His absence, however, when the Court conducting the hearing, does not negate the procedure.
Article 215.- The hearings of the trial will be public, under penalty of nullity. In exceptional cases, by agreement of the Court, it can be resolved that the hearing be held in private or with a concurrency limited people. To exclude the representatives of the press, it also requires agreement of the Court.
Article 216.- The President of the Court may delegate to other members of the functions of the debate.(*)
(*) Article amended by the Article 1 of the Law N° 28117published on 10 December 2003, the text of which is as follows:
“ Article 216.- The Chairman of the board will conduct the hearing and shall order the acts necessary for their development, ensuring the full exercise of the prosecution and the defense. You can prevent that the allegations were diverted to aspects that are not relevant or inadmissible, but not to restrict the exercise of the prosecution nor the right of defence. You can also limit the time in the use of the word to the parties to the proceedings that are designated to intervene during the trial, establishing limits equal for all of them, according to the nature and complexity of the case, or interrupting him who doeth use manifestly abusive of his faculty.
The Chairperson of the board may delegate to other members of the functions of the direction of the debate.«
Article 217.- Is attribution of the President of the Tribunal Correctionnel to keep the order in the Room and dictate and enforce measures that apply.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
"Article 217.- Disciplinary power of the Room
1. The disciplinary power of the Criminal Chamber allows you to maintain order and respect in the Courtroom, and to make and to execute the appropriate actions. May provide for the expulsion of one who disrupts the development of the hearing and send stop up to twenty-four hours who threaten or attack to the parties or to the own Room or prevents the continuity of the judgement, without prejudice to legal actions that might arise.
2. If it is the defender kicked out, to be replaced by the which is designated in this act or, in his case, by the ex officio.
3. If you are the defendant, you can proceed in your absence if you do not consider essential to your presence, and do not be afraid that their presence seriously prejudice the course of the hearing. In any case, the accused must be given the opportunity to manifest itself on the prosecution, and the proceedings of the trial.
4. As soon as you authorize the presence of the accused, the Room will instruct you on the essential content of what was acted in his absence and will give you the opportunity to speak about those actions” .
Article 218.- In cases of crimes against the sexual honor, the audience will be always in private. Can only concur the people, who, for special reasons, allows the President of the Tribunal Correctionnel.
PREPARATORY ACTS OF THE CHARGES AND THE HEARING
Article 219.- Received the statement by the President of the Tribunal Correctionnel, refer it to the Prosecutor with all the records that exist in the secretariat to hear about it in the term of eight days.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 219.- Received the statement by the President of the criminal Court shall forward it to the Prosecutor with all the records that exist in the Secretariat to decide on it within the term of 8 days in the case of a process with an inmate in jail, and 15 days in the accused free, watching, in the corresponding order, by reason of income.
The Prosecutor may submit a request for a one-time extension of the statement if the estimated incomplete or faulty, and shall require primarily the proceedings, issued and to be redone or completed in such a way as to conclude definitely the statement« .(*)
(*) In accordance with the Article 107 of Legislative Decree No. 52published on 18 march 1981modifies the present Article, in the sense that they are eight calendar days if there is an inmate into prison, and twenty, and if it's not there.
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 219.- Entered the process of the criminal Court shall be forwarded with all of its history to the Prosecutor Upper to deliver a decision within eight calendar days, if there is an inmate into prison, and twenty, and if it's not there, and in the role that the cause appropriate, pursuant to the provisions of, as applicable, by article 92 of the Organic Law of the Public Ministry.«
Article 220.- If the Prosecutor asked for the extension of the instruction, by consider incomplete or defective, the Court agreed, noting, at the same time, a peremptory term.
The Prosecutor shall specify in your opinions on the due diligence omitted or to be redone or completed.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 220.- The Court shall decide granting a term of not more than 50 days, indicating any other due diligence that also need to be or shall provide that the Fiscal rule on the merits of the proceedings.
However, in the cases that there are investigations or tests pending action, the criminal Court, prior to submitting the statement to the Prosecutor or after being issued the opinion, may exceptionally provide that the Secretary, or Rapporteur to act such investigations or tests, when its nature and circumstances permit, noting term peremptory and without admitting resource impugnativo one.
The Secretary or Rapporteur shall be subject to the procedure applicable legal, citing the Fiscal Agent and processed, and, where appropriate, the civil party. Completion of due diligence shall be in accordance with Article 219« .(*)
(*) Article repealed by the Article 106 of Legislative Decree No. 52published on 18 march 1981,in terms authorizes the Court to dispose of, alternatively, that the Fiscal rule on the merits of the proceedings.
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 220.- When the Prosecutor Higher request within ampliatorio, the Court shall be for the term, which he directed, and may, in addition, the performance of other evidence that it considers necessary.
If the Prosecutor is of the opinion that there is merit to proceed to Trial, the Court may, alternatively:
(a) the filing of the record;
(b) Order the enlargement of the statement, pointing out the procedures that must be dealt with for the better elucidation of the facts. Actuated such proceedings will be forwarded the case to the Tax for a new delivery, if it maintains its opinion, the Court shall submit the process to the Prosecutor Supreme for the purposes of legal thereon;
c) Raise directly the statement to the Prosecutor Supreme.
With the announcement of the Fiscal Supreme, in the cases of the subparagraphs (b) and (c) will be completed the incidence and returned the car, the Court shall issue the corresponding resolution” .(*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 220.- When the Prosecutor Higher request within ampliatorio, the Court shall be for the term that indicate, which shall not be more than sixty days and, in addition, the performance of other evidence that it considers necessary. This extension will only be from a single time when there has not been the subject of an earlier agreed upon in the statement, provided that the test to be possible to be and that there could be practiced in the oral proceedings.
If the Prosecutor is of the opinion that there is merit to proceed to trial, the Court may, alternatively:
(a) the filing of the record;
(b) Order the enlargement of the statement, pointing out the procedures that must be dealt with for the better elucidation of the facts. Actuated such proceedings will be forwarded the case to the Tax for a new delivery, if it maintains its opinion, the Court shall submit the process to the Prosecutor Supreme for the purposes of legal consequent; and,
c) Raise directly the statement to the Prosecutor Supreme.
With the announcement of the Fiscal Supreme, in the cases of the subparagraphs (b) and (c) will be completed the incidence and returned the car, the Court shall issue the corresponding Resolution, taking into account the provisions of the last paragraph of the following article.«
Article 221.- If the Prosecutor is of the view that the statement has been proven the existence of the crime, but has not discovered the offender, and the Court of Corrections to be of the same mind, will direct the filing provisional process.
If it is proven the existence of the crime; but it is not the responsibility of the accused, shall not be a place to trial in respect of it and shall be filed provisionally the process.
Not being proven the existence of the crime, the filing shall be final.(*)
(*) Article amended by the Article 1 of the Decree Law No. 20579published on 10 April 1974, the text of which is as follows:
"Article 221.- If the Prosecutor is of the view that the statement has been proven the existence of the crime, but has not discovered the offender, and the Court Correcional be of the same mind, will direct the filing provisional process.
If it is proven the existence of the crime, but not the responsibility of the accused, shall not be a place to trial in respect of it and shall be filed provisionally the process.
Not being proven the existence of the crime, the filing shall be final. Executory this resolution shall order the cancellation of law enforcement records and judicial proceedings, by the facts of the trial, referring immediately, a copy of the resolution to the General Directorate of the investigative Police of Peru and to the Directorate General of prisons of the Ministry of the Interior, for their fulfillment.« (*)
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 221.- If it is proven the existence of the crime but not the liability of the accused, shall not be a place to trial with respect to it and will be archived temporarily the process.
Not being proven the existence of the crime, the filing shall be final. Executory, that is the Resolution in any of the two above mentioned cases, we will order the cancellation of law enforcement records and judicial proceedings, by the facts of the trial, referring to immediately copy of the Resolution to the highest Address of the Investigations Police of Peru and the National Penitentiary Institute of the Ministry of Justice, for their fulfillment.
If there are several defendants and the Prosecutor accused some opinions because it is not appropriate to the oral proceedings and the Court is of equal discretion, we will declare as well, and orders the release of the latter. The annulment action brought with respect to the car has no place of trial or the ex officio when it is oppressed by the State, shall be granted only after the handing down of the judgment if there is a defendant in jail, proceeding to that effect, to point out the date and time for the trial.«
Article 222.- If the Prosecutor is of the opinion that there is no place to oral proceedings and the Court was of a different opinion, send it to extend the instruction or order that the process will be referred to another Attorney for that acknowledgement.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 222.- Yes the Prosecutor is of the opinion that there is no place to oral proceedings and the Court was of a different opinion, send it to extend the instruction or order for the process to return for acknowledgement« .(*)
(*) Article repealed by the Article 106 of Legislative Decree No. 52published on 18 march 1981.
Article 223.- If the second Tax not find a basis to accuse, may lodge a complaint of nullity; but if the Supreme Court declares that there is merit to the trial, by lowering the car will return where the Fiscal recurring for making the accusation. (*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 223.- When the Prosecutor is ordered to accuse after having expressed the view in the sense of not having merit for oral proceedings may lodge a complaint of nullity; but if the Supreme Court declares that there is merit to the start, the car will return to the public Prosecutor to comply with to prosecute« .(*)
(*) Article repealed by the Article 106 of Legislative Decree No. 52published on 18 march 1981.
Article 224.- Provided that the Tax creates convenient conferenciará with the accused to obtain the data or statements as it deems necessary. This conversation will be private.
Article 225.- The indictment by the Prosecutor must contain:
1º.- The name, surname, age, marital status, profession, nationality, place of birth and domicile of the defendant;
2º.- The action or omission punishable, and the circumstances that determine the liability;
3º.- The concept that deserves the way it has conducted the training;
4º.- The relevant articles of the Criminal Code,(1)and in the case of alternative sentences, the applicable, the duration of the penalties main and the accessory, or the security measure that replaces the penalty;
5º.- The amount of civil damages, the way to make it effective, and the person who corresponds to perceive it;
6th.- The statement of having or not conferenciado with the defendant, indicating if it is a prisoner or a free under the security, bond or bond, and the exact time that he has been arrested; and,
7th.- Experts and witnesses who, in his judgment, should come to the hearing.(*)
(*) In accordance with the Article 107 of Legislative Decree No. 52published on 18 march 1981modifies the present Article, in the sense that it expresses the article 96, paragraph (4) of the act.
(*) Article amended by the Article 1 of Law No. 24388published on 06 December 1985, the text of which is as follows:
"Article 225.- The indictment by the Prosecutor in accordance to Article 92, paragraph (4) of the Organic Law of the Public Ministry, it must also contain:
1. The name, surname, age, marital status, profession, nationality, place of birth and domicile of the defendant;
2. The action or omission punishable, and the circumstances that determine the liability;
3. The relevant articles of the Criminal Code; and in cases of alternative sentences, the applicable, the duration of the penalties main and the accessory, or the security measure that replaces the penalty;
4.The amount of civil damages, the way to make it effective, and the person entitled to discern it;
5. Experts and witnesses that, in his opinion, must attend a hearing.
6. The statement you have conferenciado or not with the defendant, indicating if it is a prisoner or a free-and-the exact time that he has been arrested, and
7.The concept that you deserve the way how it was carried out the instruction and if the enlargements agreed in the statement have been due or not due to the negligence of the Judge or of the Provincial Prosecutor in order to register as a demerit in his personnel file.«
Article 226.- The Prosecutor shall refer to the Tribunal Correctional copies of the indictment, in sufficient number to be delivered to the accused, the civil party and the third party subject to liability.
Article 227.- When the civil party claim damages that are not valued in the indictment, or when it is not in accordance with the amounts fixed by the Prosecutor, may submit up to three days before the hearing, an appeal, which shall set forth the amount on which appreciates the damages caused by the crime, or the thing that you should find restituída or paid, if any, and the names of witnesses or experts who can be questioned about the truth of these assessments. Such witnesses may not exceed three, nor the experts of the two.
Article 228.- This resource will be accompanied by the copies required to be delivered to the Prosecutor and to each of the defendants, which, in turn, will be able to provide the statements up of three witnesses, and the opinion of two experts, on the points proposed by the civil party.
Article 229.- Within three days of receipt of the indictment, the Court shall decide:
1.- The date and time of the hearing, and shall be noted in the day is as near as possible, after the tenth;
2.- Who entrusted the defence of the accused if this has not appointed counsel;(*)
(*) Item repealed by the Only Provision Repealing the Law N° 29360published on 14 may 2009, the same as that entered in validity January 1, 2010.
3.- What are the witnesses and experts that should come to the hearing;
4.- The summons of the third party liable; and,
5.- If it is mandatory to have the concurrence of the civil party.
Article 230.- The omissions, delays in the deadlines and the faults that the Tribunal Correctionnel note in the statement, attributable to the investigating judge or the Public prosecutor, shall be made by the Court in knowledge of the Supreme Court, to remember, according to the cases, the warning, suspension or dismissal of the judge or fiscal agent.(*)
(*) In accordance with the Article 107 of Legislative Decree No. 52published on 18 march 1981modifies the present Article, in the sense that, in the cases referred to, if they were attributable to the Public Ministry, and will inform the Prosecutor of the Nation.
(*) Article amended by the Article 2 of the Law N° 24670published on 20 may 1987(*) NOTE SPIJ, the text of which is as follows:
"Section 230.- The omissions, delays in the deadlines and the faults that the Tribunal Correctionnel note in the statement, attributable to the investigating Judge or the Public prosecutor, shall be made by the Court in knowledge of the Supreme Court, to remember, according to the cases, the warning, suspension or dismissal of the Judge or Fiscal Agent.
The same procedure followed by the Tribunal Correctionnel, when the review ultimately the decisions of the Judges, Instructors, the show in null or repeal by causes attributable to wilful intent, fault, negligence or ignorance inexcusable of their authors or have been processed the actions in contravention of the guarantees of the administration of justice laid down in the Constitution and the law« .(*)
(*) In accordance with the Sixth Disposal and Transient of the Law N° 24979published on 04 January 1989provides that recovers effect this Article in the part as amended by the Law # 24670.
Article 231.- The summons to the defendant, counsel, experts and witnesses who are required to attend the hearing, expressed that should be at the disposal of the Court, half an hour before opening it, under threat of being driven by the force. The civil party has the right to be present, but its presence is mandatory, except that the Court has agreed.
Article 232.- Until three days prior to the hearing the accused and the Prosecutor may offer new witnesses or experts, writing that contains the names of these and the points in which you need to declare. Of this document shall be accompanied by a number of copies sufficient for each one of the stakeholders, which the President sent to deliver.
The Court shall order the appearance of witnesses or experts, running account of the concerned expenses incurred.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 232.- Applications of evidence and means of defense
1. Until three days prior to the conduct of the hearing, the parties may offer evidence for his performance in the act, oral, indicating specifically the relevance and the contribution that could be obtained with his performance. In the case of witnesses and experts they will identify and specify the items that need to declare or to expose. This application will accompany a number of copies sufficient for each of the interested parties, that the Criminal be sent to deliver. The Room will order the appearance of witnesses or experts, running account of the interested parties the expenses incurred.
2. In the same period, the parties, provided that this is not based on the same facts that were the subject of a previous resolution, you can deduct a preliminary question, exceptions and issues of competition, except in the case of disqualification that is governed by its own regulations. The Room will resolve immediately, and within three days, having seen a prosecutor shall be issued in the same period” .
Article 233.- The President shall take care that they are ready and in place appropriate to the objects that need to be filed at the hearing.
HEARINGS
Article 234.- On the day and time appointed, present to the Prosecutor, the defendant, in cases in which it is obligatory attendance, and the ombudsman, the President of the Court shall declare the opening of the hearing, which will continue during the consecutive sessions which are necessary to its conclusion.
Article 235.- The criminal Court will have your forehead to the accused; to his right, the Prosecutor and the civil party, and to its left the defense.
Article 236.- Witnesses and experts will be in a room next to the Court. The President shall take the necessary measures to ensure that witnesses are not able to converse among themselves; and will only be introduced to the audience as they are called by the President of the Court.
Article 237.- Installed the hearing, the President shall order the Rapporteur read the list of experts and witnesses who are in the room next. Tuned after the reading, ask the Prosecutor, the defender, and the defendant if they have any expert or witness again to submit.
Article 238.- In the case of the defense to provide witnesses or experts are new, you will be required to submit written interrogatories. The President will order the Rapporteur that you read; ask the Prosecutor and the civil part if you have any objection to make, or any blemish that to oppose. With the answer given, the Court will decide if they must be or not to ears. Accepted the test, you will be pass to the witnesses and experts to the special room.
The Court may only refuse to accept new witnesses when the interrogations are irrelevant; but if it only has a few impertinent questions, rejected these, this will be the witness on the other.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 238.- Offering of witnesses or experts
The parties to provide witnesses or experts and new ones will be required to specifically indicate the relevance and the contribution that could be obtained with your intervention, and identifying and specifying the points on which they have to declare or to expose. The Room will not admit evidence offered that does not comply with the requirements set out above.”
Article 239.- If the Prosecutor offers new witnesses, and the defense is opposed, the Court will decide whether or not to accept the testimony in view of the reasons which to contend.(*)
(*) In accordance with the Article 107 of Legislative Decree No. 52published on 18 march 1981modifies the present Article, in the sense that it expresses the article 96, paragraph (4) of the act.
Article 240.- If the Court thinks fit, may be present at the hearing of the objects that have a relationship with the crime.
The requests on this matter to the Prosecutor, the defendant or the civil action shall be settled by the Court immediately. In case of refusal may be the petitioner to state on the record the reasons for the request.
Article 241.- Before the start of the debate, the defendant, his counsel, the Prosecutor, or the civil party may request to postpone the hearing until they come to the experts or witnesses are cited, who have not attended or the newly offered. The Chair will ask the other party what he has to expound upon this request, and with its response, the Court will resolve immediately, setting the new date, if you agree to the postponement.
Article 242.- The witness, expert or civil party, cited by the Court which has ceased to attend without good cause, duly verified, shall be sentenced immediately by the Tribunal Correctionnel with a fine that can reach five hundred suns.
Article 243.- Continuing the hearing, the President shall order that it be read to the opinion of the fiscal agent; the report of the investigating judge and the defendant's pretrial. The conclusion of the reading, the President shall examine the defendant.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 243.- Continuing the hearing, the Director of the debate shall order that it be read to the defendant's pretrial and will be indicated in a clear and concise way the charges are being leveled, content, in your case, in the opinion of the Fiscal Agent, the report of the investigating judge and the prosecution attorney. Then we will proceed to examine the accused» .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 243.- Continuing the hearing, the Director of Discussions will read the charge to tax in order to know the charges made against the accused. Then invite the Prosecutor to start the interrogation, without prejudice to Articles 244 and following.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 243.- Exposure of the accusation and interrogation of Attorney
1. Continuing the hearing and in order to know what the charges formulated against the defendant, the Director of Discussions granted to the Prosecutor by the word to which briefly sets out the terms of the indictment.
2. Thereupon, the Director of Discussions will invite the Prosecutor to initiate the direct examination, without prejudice to articles 244 and following” .
Article 244.- The questions that direct the President to the defendant, shall have as their basis the statements made by it in the instructive, and should have as subject the defendant to explain the facts in that took part and who has proposed for them.You can also examine with the aim of understanding their nature, usual mode of proceeding, and the reasons determinants of the crime.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“Article 244.- Examination of the accused
1. The examination of the accused shall, if the accused does not accept the procedure of conformity provided for in the Law. Completed the examination of the accused by the Prosecutor, can question him directly to the Director of Discussions and the other members of the Room. Then, what will be the attorney of the civil party and the third civil, and, finally, the defendant's attorney. In all these cases, the interrogation will be live by the lawyers.
2. Questions to the accused shall have as basis the statements made by it in the instructive. The examination of the defendant will be directed to that rule and, in your case, explain the facts that are the subject of imputation. Also, you may be questioned about their usual mode of proceeding, and, if applicable, the reasons for the determinants of criminal behavior the object of accusation” .(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 244.- Examination of the accused
1. The examination of the accused shall, if the accused does not accept the procedure of conformity provided for in the law.
2. The accused is examined by the Prosecutor, by the lawyers of the civil party, the third civil, by your attorney and the Director of Debate, in that order. The other members of the Room, only able to examine the defendant if there was the need for a clarification. In all these cases, the interrogation will be direct.
3. The interrogation was going to get the version of the accused, clarifications and explanations about the fact the object of imputation, the circumstances of your participation and that of the other defendants, as well as the mobile, justifications, and other elements necessary for the individualization of punishment and the determination of the amount of the civil redress.
4. During the examination of the accused parties will be able to make your cross-examination on the basis of previous statements of the accused or compare their version with the other accused persons, witnesses or other evidence.”
Article 245.- If the defendant is silent, the President is directed to the ombudsman, for the challenge to be explained or to indicate the reasons to which he attributed his refusal to answer. If the defendant insists on his attitude, the Chair will continue with the questioning; but at the end of each one of them, ask the defendant if he has something to say.(*)
(*) Article amended by the Article 1 of the Law N° 28117published on 10 December 2003, the text of which is as follows:
"Article 245.- If the defendant refuses to testify, the President may, on the stage of the proceedings concerned, provide for the reading of the statements made by him in the statement, if any, which are incorporated into the discussion and your opportunity will be valued in accordance with article 283. In the course of the hearing, the defendant may request to be examined, at which point it may be questioned according to articles 244 and 247. When the accused is declaring keeps silent in the face of a question, it will leave a record of such situation and will continue with the interrogation.«
Article 246.- If the defendants are multiple, the President may examine them separately, or to one in the presence of others. In the event that they are tested separately, before the start of the Prosecutor's accusation, is to read the statements of all the accused.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 246.- Examination of several of the accused
1. If the defendants are multiple, the President may examine them separately or in the presence of others.
2. In the event that examine separately the accused, the Director of Discussions shall take the necessary measures to ensure that at the appropriate time, the accused or his counsel access to the minutes of the hearing stating the declaration of each of the defendants who have been questioned previously. If any of the defendants make a note of the statements in the above-mentioned acts, the same shall be recorded in the minutes provided that is useful and relevant” .
Article 247.- Completed the examination of the accused by the President, they can ask him directly the other members of the Court and the Prosecutor. The ombudsman and the attorney of the civil party, do so through the Chair.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 247.- Interrogation of the defendant
1. The interrogation is subject to any of the questions are direct, clear, relevant and useful.
2. Are not eligible questions repeated on what the defendant has already declared, except for the obvious need for an answer clarification. Are also not allowed leading questions or containing suggested answers.
3. Ex officio or at the request of a party to the questions that do not comply with the requirements laid down in this article shall be declared inadmissible” .
Article 248.- Witnesses are to testify in the order established by the President of the Court. You may not be reading the statement provided in the statement of a witness, when it should produce orally his testimony at the hearing, under penalty of nullity of the trial and the judgment.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“ Article 248.- Declaration of witnesses
Witnesses are to testify in the order established by the Chairman of the Room. You may not be reading the statement provided in the statement of a witness, when it should produce orally his testimony at the hearing. Only after the witness has testified about a particular fact, can be read in the interrogation part or parts of its previous statements made to the public Prosecutor or the Judge, at his request, for clarification, demonstrate, or to overcome contradictions, proceeding according to what is established in articles 250 and 252.”
Article 249.- If any of the witnesses who must testify at the hearing, does not report to the start of the debate when it is called, but it occurs before the indictment, he will make a statement.
Article 250.- If the President notare differences in important points between the statements made in the statement and in the hearing, shall ensure through proper questions that explain clearly and in detail the reason for these differences.
Article 251.- The examination is over that then the President of the witness, the other members of the Court, the Prosecutor, the ombudsman and the attorney of the civil party, upon request of the Chairperson, may also cross-examine the witness directly.
The President is empowered to declare impertinent questions, and to suspend the development of the interrogations.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 251.- Examination of the witness
Once the President of the Chamber questioned the witness about his name, age, occupation, residence and its relations with the parties, will commence direct examination, beginning by the one who proposed it, continuing with the other parties and may then be questioned by the President and the other members of the Room.
The President is empowered to declare the questions as intrusive or answers that may be introduced as incomplete or evasive, in which case you will be able to formulate cross-examination. So you can also suspend the development of the interrogations.
The examination of the witness under sixteen years of age shall be conducted by theDirector of Debate on the basis of the questions asked by the Prosecutor and other parties. If it were considered that the interrogation of the minor is not detrimental to your emotional state, shall the examination proceed with the formalities laid down for the other witnesses. This decision can be revoked in the course of the interrogation.“(*)GRINDING ERRATA
Article 252.- The President, ex officio or at the request of the Prosecutor, the accused, advocate, or the civil party, may order the Secretary to immediately write the part of the statement is disposed of in the audience are in disagreement with the given statement.
The part of the statement of a witness that this is why you write, especially, will be read to see if you are content with it.
Article 253.- Should be read and submitted for the debate:
1º.- The statements of the witnesses that having deposed in the statement may have been directed at the criminal Court, announcing that cannot attend, and have been ratified in their sayings and on whose attendance has not insisted to the Court;
2º.- The witnesses for cause, duly verified, may not be able to attend the hearing; and,
3º.- The others that the Court considers necessary or requested by the Prosecutor, the defender, or the civil party.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 253.- Should be read and submitted for debate, when ordered by the Court or requested by the parties:
1) The statements of the witnesses that having deposed in the statement may have been directed at the criminal Court, announcing that cannot attend, and have been ratified in their sayings and on whose concurrence not insist the Court;
2) The witnesses for cause, duly verified, may not be present at the hearing; and,
(3) The other that the Court considers necessary or requested by the Prosecutor, the defender, or the civil party« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 253.- Should be read and submitted for debate, the statements of witnesses who did not attend the hearing, and on whose concurrence do not insist the Court, as it deems necessary, or as requested by the Prosecutor, the Defender, or the Civil Party.«
Article 254.- The witnesses offered to demonstrate the reasons of partiality that you have a witness in the trial, and whose number may not exceed two, they will be limited to testify regarding this matter.
Article 255.- The witnesses can't talk or interpelarse each other.
Article 256.- The Prosecutor and the accused or his counsel, may request that a witness declared without being heard by others, or which is examined in front of one or more witnesses certain. The Court will be able to access or not to the order.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 256.- Special examination of witnesses and defendants
1. The Room is, ex officio or at the request of a party, may order that a witness declared without being heard by others, or which is examined in front of one or more witnesses certain.
2. The Room is, ex officio or at the request of a party, may order that the accused is not present at the hearing during an interrogation, if it is feared that another of the accused or a witness don't tell the truth in his presence. In the same way, we will proceed if, in the interrogation of a minor, is a fear of prejudice relevant to him, or if, in the interrogation of another person as a witness, in the presence of the accused, there is the danger of serious damage to your health. As soon as the defendant is present again, the living Room should instruct you on the essential content of what has been said or discussed in your absence” .
Article 257.- If the discussion is that a witness has engaged in falsehood in the statement provided, or read in the hearing, the Court, ex officio or at the request of the Prosecutor, the accused and the civil party order their detention until sentence is pronounced, and is resolved if there is reason to open statement against him.
Article 258.- If it was necessary, shall appoint an interpreter when the defendant or the witnesses are ignorant of the Spanish language. The appointment may be assigned to the persons who acted as interpreters in the statement.
Performers can be branded in the same way that the witnesses.
§ 259.- At the conclusion of the statements of the witnesses, will examine the experts or technicians cited, tomándoseles oath or pledge of honor to tell the truth.
The Prosecutor, the defendant or the civil party may request that you examine the experts or technicians in the event that they have not been summoned by the Court, which will decide whether or not that review.
The expert opinions presented in the statement or in the hearing is to be read compulsorily.
Article 260.- When it has declared mandatory to have the concurrence of the civil party, this will be reviewed after the defendant, and before the witnesses.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 260.- Examination of the civil
When it has declared mandatory to have the concurrence of the civil party, this will be reviewed after the defendant and before witnesses. However, when the civil party you have attended voluntarily, the Prosecutor or the defendant may request to be examined or, exceptionally, the Room sort of craft. In this case, the interrogation will be conducted prior to indictment.«
Article 261.- When the civil party you have attended voluntarily, the Prosecutor or the defendant may request that you examine, or the Court sort of craft. In this case, the interrogation will be conducted prior to the indictment.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
"Article 261.- Test moved
In the crimes perpetrated by members of a criminal organization or illicit association to commit a crime, the Room at the request of the parties or ex officio, you can make the performances of evidence following:
The evidence admitted and practiced before a Judge or Criminal Chamber may be used or valued in other criminal proceedings, provided that their performance is impossible to achieve or difficult to reproduction due to the risk of loss of the test source of the threat to a body of evidence. Without the need of attending such reasons, may be used expert opinions officers, reports and documentary evidence admitted to, or incorporated in other legal process. The opposition to the test moved resolved in the judgment.
The final sentence that has accredited the existence or nature of a criminal organisation or illicit association to commit a crime given, or that demonstrate a mode or pattern of action in the commission of criminal offences or the results or damages arising out of the same, shall constitute evidence with respect to the existence or form of action of this organization or association in any other criminal proceedings, the same shall be valued in accordance with article 283.”
Article 262.- Parts or written documents that exist in the instruction, or who have been accompanied by the Prosecutor of the prosecution case, is to be read after the interrogations, and the Chair will ask the defendant what he has to say about them. In the case of a basis of falsifying a document, the ombudsman shall submit a written summary of the reasons that cover the blemish. The Prosecutor or the civil party, if it was submitted, will be noted in the same way as a summary of his response.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 262.- If agreed by the Court or requested by the parties, it is read after the interrogation, parts, or documents held in the instruction or had been accompanied by the Prosecutor of the prosecution case and, the Chair will ask the defendant what he has to say about them. In the case of a basis of falsifying a document, the ombudsman shall submit a written summary of the reasons that cover the blemish. The Prosecutor or the civil party, if it was submitted, will be noted in the same way as a summary of his response."(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 262.- Finished the interrogation of witnesses and the discussions of experts, we will proceed to examine the test instrumentation, giving a reading at the request of the Prosecutor, the Civil Party or the Defendant, to the parts or documents which are already contained in the Instruction, or of which they have been filed with the Court by the parties.
The studs can only be made against the exhibits submitted at the Oral proceedings, and shall be resolved in the judgment. The challenges relating to other evidence, will be considered as arguments of the defence.« (*)
(*) Article amended by the Article 1 of the Law N° 28117published on 10 December 2003, the text of which is as follows:
"Article 262.- In the case of photographs, x-rays, electronic documents in general, and audio tapes, audio or video, must be recognized for who is identified as his voice, image, mark, signal, or other means, and acted in the hearing, except that the diligence corresponding to your transcript, have been verified at the stage of instruction with the assistance of the parties and their contents had not been crossed or challenged in a timely manner.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 262.- Oralización of the test instrumentation
1. Finished the interrogation of witnesses and the examination of the experts, it will be oralizar the test instrumentation. The oralización comprises the reading, or, in your case, you hear or see the relevant part of the document or act.
2. The oralización start, by his order, at the request of the prosecutor and the advocates of the civil party, the third civil, and of the defendant. Those who ask for the oralización indicate the folio or documents and highlight orally the meaning of evidence which it deems useful. If the reports or documents may be very large, may be omitted from your reading full sentences if their partial reading.
3. The studs can only be made against the exhibits submitted at the Oral proceedings, and shall be resolved in the judgment. Questions relating to other evidence, will be considered as arguments of the defence.
4. In the case of photographs, x-rays, electronic documents in general, and audio tapes, audio or video, must be recognized for who is identified as his voice, image, mark, signal, or other means, and acted in the hearing, except that the diligence corresponding to your transcript, have been verified at the stage of instruction with the assistance of the parties and their contents had not been crossed out or questioned in a timely manner. If not, they can be played in the hearing, according to their way of reproduction usual. If you are very extensive, we will proceed according to the numeral 2 ordered its partial reproduction.
5. Once the completion of the read or reproduction of the documents, the board shall call for short term to the parties, starting with the one who requested it, for which, if considered necessary, explain, clarify, refute, or vote on your content” .
Article 263.- If the discussions, it appears that the crime is more serious than the one indicated in the indictment, the Prosecutor, before the start of the indictment oral, you can ask for an extension of the hearing to file a new indictment. The criminal Court may, after hearing the advocate and the civil party, will decide what is convenient.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“Article 263.- Accusation complementary .
During the trial, and even before the indictment oral, the Prosecutor by a written accusation complementary, you can expand it by means of the inclusion of a new fact which has not been included in the written accusation in his opportunity to amend the legal description. In the same way, it shall be the Tax when it had omitted to decide in the indictment written about a fact or facts which have been the subject of instruction. In such cases, the Prosecutor must warn you, be the case, the variation of the appropriate qualifications. After listening to the parties, the board shall decide regarding self ampliatorio of corresponding prosecution.(*)GRINDING ERRATA
In connection with the new facts in the indictment addition, you will receive a new statement of the accused person and shall inform the parties that have the right to request the suspension of the trial to provide further evidence or to prepare the defence. The suspension shall not exceed the period of five business days.”
Article 264.- If you are accessing the request of the Prosecutor, the Court shall fix the day of the new audience that may not be before the eight days and no later than the twelve. In this case, the Prosecutor is obliged to submit the new indictment within forty-eight hours, counted from the suspension of the audience, indicating the witnesses must testify.
Article 265.- In the case of discussions to throw the responsibility on the person not included in the indictment or they discover a crime other than that, it is a matter of the trial, the Prosecutor may request the opening of a new section. The Court shall decide after hearing the accused and the civil party; and if ordered new instruction, which shall designate the judge who must carry it out.
The Court may order the continuation of the hearing, without prejudice to a new statement about another crime, or on another defendant.(*)
(*) Article amended by the Article 3 of the Decree Law No. 19962published on 28 march 1973, the text of which is as follows:
"Article 265.- In the event that the discussions will shed responsibility on the person not included in the written accusation of the Prosecutor's office and they discover a fact delinquent equal to, different from or related to that is the subject of the judgement, the Prosecutor in the indictment oral, you must make an opening statement, and the Court or cannot access or any sort of office in the sentence.
This does not exclude the possibilities referred to in the present article the accused with respect to which stated that there is no place to oral proceedings, even in the event that the car is ejecutoriado.
For this purpose, the Court may order the precautionary measures of safety that will ensure the execution of the sentence and the payment of the civil redress.« (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 265.- In the case of discussions to throw the responsibility on the person not included in the written accusation of the Public Ministry, or discover other fact delinquent similar to, different from or related to that is the subject of the Prosecution, the Prosecutor shall request the opening of instruction, and the Court you will be taken to that order.
If the Prosecutor does not discuss the opening statement, the Court shall send form notebook apart with the relevant pieces and rise up in consultation with the Prosecutor Supreme applicable.«
Article 266.- Open the oral proceedings will continue during the hearings consecutive which are necessary to its conclusion.
However, the President shall suspend the opening of a hearing if any of the members of the Court, the Prosecutor, the accused, his counsel or any of the witnesses whose evidence the Court deems it necessary, they would no longer attend.
Must be checked properly the cause for which they left to go to the accused, his counsel or the witnesses.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 266.- Open the oral proceedings will continue during the hearings consecutive which are necessary to its conclusion.
However, the President shall suspend the opening of a hearing if any of the members of the Court, the Prosecutor, the accused, his counsel or any of the witnesses whose evidence the Court deems it necessary, they would no longer attend.
Must be checked properly the cause for which they left to go to the accused, his counsel or the witnesses.
Produced by the eesc, impediment, inhibition, vacation, or disqualification of a member of the Court, then open the oral proceedings, there shall be a cause of frustration of the process, which will continue to be supplemented with the so-called so by law, provided that the latter is involved until the completion of the trial with the two other members with whom it began.
In the same situation and cases set forth in the preceding paragraph, unless the challenge, you can also replace the members of the Public Ministry, inclusive and exceptionally with the Fiscal Agent expedito, at the discretion of the Court« .(*)
(*) In accordance with the Article 107 of Legislative Decree No. 52published on 18 march 1981modifies the present Article, in terms provides that it may replace the member of the Public Ministry at the discretion of the Court, the replacement will be as provided for in articles 22 and 92 of the act.
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 266.- Started the Trial, will continue in hearings consecutive which are necessary to its conclusion.
If a hearing to stop to attend any of the members of the Court, the Prosecutor, the accused, his counsel or a witness whose statement, in the judgment of the Court, it is considered essential, the suspended immediately taking the measures that it deems necessary for its prosecution.
When, after the beginning of the Oral proceedings of any retirement or termination of employment of one of the members, it will be replaced by the Magistrate called by Law, without breaking the judgment, provided that the replacement will continue to become involved with the other two members. The Public prosecutor's office shall be replaced pursuant to the provisions of Articles 22 and 92 of its Organic Law.
The license, retirement, or to enjoy a holiday of the members of the Court, are not prevented from participating in the vote of the issues of fact and of the penalty.« (*)
(*) Article amended by the Sole article of Law N° 28947published on 24 December 2006, the text of which is as follows:
“ Article 266.- Unit of hearing, the suspension of opening for inconcurrencia and restart
Started the Oral hearing, the hearing will be held in a single act until the stage of pleadings, if necessary sessions will be held in a row.
If the hearing session, held up before the allegations, stop attending any of the members of the Court, the Prosecutor, the defendant or defender, it will be suspended immediately, taking the measures necessary for its prosecution. In like manner it shall, when required, the statement of the injured, witnesses or experts.
If after the beginning of the Oral proceedings, any retirement, termination, resignation, death, license or vacation is not regular, one of the members of the Court, it will be replaced by a single time for the Magistrate called by law, without breaking the Judgment, provided that you follow intervening with the other two members.
Produced the replacement of a member of the Court after the allegations, they are void and reprogramarán, in a maximum period of eight (8) days.«
Article 267.- When the suspension of the trial to last more than three days, will be declared of no effect hearings held.(*)
(*) Article amended by the First article of the Decree Law No. 17531published on 25 march 1969, the text of which is as follows:
Article 267.- " When the suspension of the trial to last more than eight days, will be declared of no effect hearings held.« (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981text is the following:
"Article 267.- The Oral proceedings may be suspended for up to eight business days. Will not be computing the days of suspension of the Release due to force majeure or unforeseen causes. When the suspension lasts longer than that term leave without effect the audiences already made, indicating the date and time for a new Trial.« (*)
(*) Article amended by the Sole article of Law N° 28947published on 24 December 2006, the text of which is as follows:
"Article 267.- Suspension exceptional
The Oral proceedings may, exceptionally, be suspended for up to eight (8) days, by a resolution duly substantiated. Will not be computing the days of suspension of the Release due to force majeure or unforeseen causes. When the suspension lasts longer than that term leave without effect the audiences already made, indicating the date and time for a new Trial.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 983published on 22 July 2007, the text of which is as follows:
“ Article 267.- Term for the suspension of the trial
The Oral proceedings may be suspended for up to eight business days. When the Trial amount of a special difficulty in its determination, related to the existence of a criminal organization of more than ten defendants, the suspension may be extended for up to twelve (12) days, in which case the resolution of the suspension of the hearing session shall be duly reasoned. Will not be computing the days of suspension from office for reasons of force majeure or unforeseen causes.
When the suspension lasts longer than that term leave without effect the hearing, noting, as soon as possible, day and time for a new Trial.”
Article 268.- The hearing may be suspended when a member of the Court, one of the defendants, any of the witnesses are cited, whose oral statement is deemed indispensable by the Court, the Prosecutor or the ombudsman, enfermasen suddenly, so as not to be able to fill their roles.
The hearing will continue, previous citation, the following day to cease the impairment, if it lasts for more than three days.(*)
(*) Second Part modified by the Second article of the Decree Law No. 17531published on 25 march 1969, the text of which is as follows:
« The hearing will continue, previous citation, the following day to cease the impairment, if it lasts no more than eight days.« (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 268.- You can also suspended the Oral proceedings in the manner provided by the preceding Article, when sobreviniera sudden illness to a member of the Court, the defendant or a witness whose statement is essential; the hearing will continue, previous citation, the next day cease this requirement, provided that this is not more of the term provided for in article 267.« (*)
(*) Article amended by the Sole article of Law N° 28947published on 24 December 2006, the text of which is as follows:
"Article 268.- Suspension for disease
You can also suspended the Trial when sobreviniera sudden illness to a member of the Court, the accused, aggrieved, witness or expert witness, whose statement is essential; the hearing will continue, previous citation, the next day cease this requirement, provided that this is not more of the term provided for in article 267.«
Article 269.- In case you continue for more than three days, the illness of a member of the Court, the Prosecutor or the ombudsman will be replaced by the sick person, and shall be noted date for the new hearing.(*)
(*) Article amended by the Third article of the Decree Law No. 17531published on 25 march 1969, the text of which is as follows:
"Article 269.- In case you continue for more than eight days, the illness of a member of the Court, or the Prosecutor, will point to new date for hearing.
If the defender does not attend the oral proceedings, will be replaced by the by the processing, to assume the defense in the state you find. In the absence of this designation, will the Court before the expiry of the eighth day of the suspension.« (*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
“Article 269.- Expiration of the sixth day of the suspension of the hearing and in the event that it is deemed impossible for the reinstatement; before the eighth day of the Vocal or the Prosecutor who has fallen ill, we will replace it with the call by the law in order to avoid that frustrate the trial, proceeding in the manner set forth in paragraphs 4 and 5 of Article 206.
If the defender does not attend the hearing, will be replaced by the designated processed, who will assume the defense in the state you find. In the absence of such designation, will the Court at the next hearing.
If the defendant get sick without being able to return to the hearing until the eighth day, the trial will continue on the last day of such period, to apply the provisions of D. L. No. 19962, without prejudice of re-hearing to remove the impediment« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 269.- Expiration of the sixth day of the suspension of a hearing, if it is foreseeable that the Judge prevented no to be able to join before the term provided for in Article 267, it will be replaced, even before the indictment oral, called by the Law.
If the defender of the accused does not attend the hearing, will be replaced by the designated processing. In the absence of such appointment, the Court shall appoint the public defender, if at the next hearing continues inconcurrencia of the Ombudsman Holder.
In case of illness of the accused is suspended for the continuation of the Oral proceedings in the manner provided for in article 267. The expiration of that term without the defendant to return, to be tested the causal of disease, and the existence of other defendants, the hearing may proceed without the presence of the inasistente, but with the concurrence mandatory advocate. If the trial to reach the state of a sentence without has reinstated the defendant prevented, the Court will send you to book the process in respect of it, unless the sentence of absolution.« (*)
(*) Article amended by the Sole article of Law N° 28947published on 24 December 2006, the text of which is as follows:
"Article 269.- New designations in the event of inconcurrencia by disease
Defeated on the fourth day of suspension referred to in article 267, if it is foreseeable that the Judge prevented no to be able to join, it will be replaced by a single time by the call-by law, were used in the Trial, according to their status.
If the defender of the accused does not attend the hearing or a session thereof, will be replaced by the designee, who is avocará immediately. In the absence of such designation, in the session that followed, the Court will appoint a public defender as long as you continue the inconcurrencia of the ombudsman holder.
In the case of illness of the defendant, suspend the prosecution of the Oral proceedings in the manner provided for in article 267. The expiration of that term without the defendant to return, to be tested the causal of disease and the existence of other defendants, the hearing may proceed without the presence of the inasistente, but with the concurrence mandatory advocate. If the Trial to reach the state of a sentence without has reinstated the defendant prevented, the Court will send you to book the process in respect of it, unless the sentence of absolution.«
Article 270.- If in the same locality is ill a witness whose statement is considered to be of transcendental importance, the criminal Court may suspend the hearing to be in your home and examine it. This statement only will be contested by the members of the Court, the Prosecutor, the defender, the defendant, the civil party, if you want, and the Secretary. The statement of a witness, in these cases, is to be taken literally.
Article 271.- All incidental questions arising in the hearings, there will be verbally; but the conclusions should be submitted in writing. The Court will resolve immediately or deferred to resolve them in the sentence.(*)
(*) Article amended by the Article 1 of the Law N° 28117published on 10 December 2003, the text of which is as follows:
« Article 271.- All requests or incidental questions arising in the hearings, there will be verbally. The Room will resolve immediately or deferred to resolve them in the sentence. The writings submitted by the parties will not be read in any case. Against the resolutions issued in the course of the debate on the issues incidental comes not appealed, except in cases expressly provided for in the law.«
Article 272.- Finished the discussion, the Chairman shall give the word, by order, to the Attorney, the civil party, the ombudsman, the third party liable and the defendant.
Article 273.- The Attorney will set out the facts which it considers tested in the trial, and his legal description, the liability of the accused and the civil affecting any third party, and all of the considerations leading to illustrate to the Court; but by staying within the limits set by the indictment. Will conclude by posing the facts about who should rule the criminal Court, asking for the penalty which it deems to be legal and appropriate compensation.
These conclusions will in writing to the Court.
Article 274.- The Prosecutor may withdraw the accusation. It is required to it that have been produced at the hearing, new evidence, as amended, of the legal status previously appreciated. The reasons for the withdrawal shall be submitted in written conclusions.
Article 275.- Withdrawal of the indictment by the Prosecutor, after hearing the advocate of the accused and the attorney for the civil party, the Court shall suspend the hearing to resolve it.
If the Court finds founded the findings of the Prosecutor, it shall issue a self-giving for the withdrawal of the accusation, and shall order the release of the accused and the archiving permanent record. Otherwise, you will be able to have an expanded instruction or go by car to another Attorney to formulate new indictment. This Attorney may request an extension of the instruction.
Article 276.- The civil party may clarify with the whole breadth of the facts ignorance of so many criminal that give rise to the liability, and the other circumstances which may affect their judgment, not only to qualify the crime.
Their conclusions will be presented in writing.
Article 277.- The defense must be concluded by asking for absolution, or the decline of the sentence requested by the Prosecutor; but you can agree to the liability.
Its written findings shall determine the points of fact that must adjudicate the criminal Court and the legal description of the crime that it recognizes.
Article 278.- Produced the defence of the accused, if there is third party liable and has concurred in by if or by his attorney to the hearing, shall expose orally what is appropriate to their right, presenting their findings in writing.
Article 279.- The conclusion of the report, the President shall give the floor to the defendant, and to expose what he deems suitable to his defense, after which it shall suspend the hearing to vote on the issues of fact and judgment. Reopened the hearing, which will continue to be on the same day, will be read by the vote of the issues of fact and judgment. The issuance of the judgment may not be delayed by more deveinticuatro hours,under penalty of nullity.(*)
(*) Article amended by the Article 1 of the Law N° 28117published on 10 December 2003, the text of which is as follows:
« Article 279.- The conclusion of the report, the President shall give the floor to the defendant, and to expose what he deems suitable to your defense. Then shall declare the debate closed and suspend the hearing to vote on the issues of fact and judgment. Reopened the hearing will be read by the vote of the issues of fact and judgment. Due to the complexity of the matter or the lateness of the hour, the reading of the sentence will be carried out, at the latest, within five days after the close of the debate, under penalty of nullity.«
SENTENCES
Article 280.- The ruling put an end to the trial should appreciate the confession of the accused and other evidence produced at the hearing, as well as the testimonials, opinions, and actions of the statement.
Article 281.- The Court to fail to discuss and vote on previously every one of the issues of fact, taking into consideration, in order to formulate them, the written conclusions of the Prosecutor, the ombudsman and the civil part. At once a vote is worth. Both resolutions will be made to count in the sentence.
Article 282.- For the resolution of questions of fact, as well as to condemn or acquit, will suffice a majority of votes. If there is a disagreement between the three members of the Tribunal in respect of the penalty, they will discuss and vote on the points in which have differed as. If in the second ballot continues the complaint, shall be imposed the penalty intermediate, that is, the punishment for which it voted a member of the Court in dissent, with those who voted for sentence higher or lower.
Article 283.- The facts and the evidence that the payment will be assessed with the criterion of consciousness.
« In the case of statements made in the procedures for effective collaboration, for the Judge to enter judgment of conviction and, even, any injunction, it is essential that the information provided by the partners are supported with additional evidence proving conclusively the incriminaciones made” .(*)
(*) Paragraph (built by the Fifth and Final Disposal of the Law # 27378 published the 21 December 2000.
Article 284.- The acquittal must contain the exposure of the fact defendant, and the statement that it has not been made, that the tests have proven the innocence of the accused, or that they are not sufficient to prove his guilt.(*)
(*) Article amended by the Article 2 of the Decree Law No. 20579published on 10 April 1974, the text of which is as follows:
"Article 284.- The acquittal must contain the exposure of the fact defendant, and the statement that it has not been made, that the tests have proven the innocence of the accused, or that they are not sufficient to establish his guilt, having, the annulment of the police records and the court of the defendant, by the facts of the prosecution.
When final is the judgment, it shall communicate a copy of the same to the General Directorate of the investigative Police of Peru and to the Directorate General of prisons of the Ministry of the Interior, for the fulfillment of the ordered cancellation of history.«
Article 285.- The judgment of conviction must contain the exact designation of the offender, the exposure of the fact delinquent, the appreciation of the statements of the witnesses or other evidence on which is based the guilt, the circumstances of the crime, and the main sentence must suffer for the guilty, the date on which it starts, the day of its expiry, the place where you met and the accessory penalties, or the security measure that is the case dictate in replacement of it; the amount of the civil remedies, the person must perceive and forced to satisfy her, citing the articles of the Criminal Code (1) they have been applied.(*)
(*) In accordance with the Article 2 of the Decree Law No. 20602published on 08 may 1974deletion of the requirement that the sentence contains the place where you met the main sentence must suffer for the guilty, in charge of the Directorate-General of prisons of the Ministry of the Interior, the function to point to the place of detention where the defendant is required to comply with the judgment, giving account to the judicial authority which imposed the sentence.
“ Article 285-A. - Judgment and Accusation. Modification of the qualifying criminal.
1. The judgment of conviction will not be able to overcome the fact and the circumstances set out in the indictment and subject matter of the writ of trial or, in your case, in the indictment, additional to that referred to in article 283.
2. In the conviction, you will not be able to change the legal qualification of the fact the subject of the indictment, except that the board previously has indicated to the defendant this possibility, and given the opportunity to defend themselves, and provided that the new rating does not exceed its competence. The accused has the right to request the suspension of the hearing to prepare his defence, and even-if it is relevant and necessary - to provide new means test. The term of suspension of the audience in both cases shall not exceed the limit fixed by article 267.
3. Proceed in the same way if the discussion warn circumstances amending the criminal liability not included in the indictment, which increase the criminality or justify the imposition of a security measure.
4. In the sentence, the board may apply to the fact the subject of the allegation, a more severe penalty than that requested by the Prosecutor. This possibility should be motivated especially making explicit mention of the rationale that underpins” .(*)
(*) Article incorporated by the Article 2 of Legislative Decree N° 959published on 17 August 2004.
“ Article 285-B. - sentence Reading
1. The citation for the reading of the judgment of conviction should be included in an express, precise and clear that the act is public and non-deferrable and that will be done with approving the same, as well as the provision of designated public defender in case of absence of the counsel chosen by the accused. The sentence will be read to those who appear before the court.
2. In the process summary, the citation will be made at the last known address of procedure pointed to by the parties in the process. Also, the accused, it will summon in your actual address outlined in the process. In the processes of ordinary, the summons shall be for the parties to the proceedings present at the last hearing session in which it was declared the debate closed.
3. The legal status of the stubborn shall not prevent the subpoena to the act of reading of a conviction, provided that the process is expedited for sentencing.
4. In the process summary, the acquittal will only be notified to the parties at their respective addresses procedural, in the case of the defendant, you will also be notified in the actual address. In the case of the processes of ordinary sentence will be read in a public event with those who attend” .(*)
(*) Article incorporated by the Article 4 of Legislative Decree N° 1206published on 23 September 2015, the same as that entered in validity sixty days of its publication.
Article 286.- In the cases in which the conviction of a fine or imprisonment not exceeding six months, against the person that has not been the subject of any prior conviction, national or foreign, and provided that the background and the character of the convicted person to do foresee that it will not commit a new offence, the criminal Court may suspend the execution of the penalty.
The Prosecutor and the civil party may file an appeal for annulment against this resolution.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 286.- In the cases in which the conviction of a fine or imprisonment not exceeding two years, against the person that has not been the subject of any prior conviction, national or foreign, and provided that the background and the character of the convicted person do anticipate that it will not commit a new offence, it can suspend the execution of the penalty proceeding against the sentence, appeal or annulment; as the case may be, of the Public Ministry and the civil party« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 286.- In cases in which conviction to a penalty involving deprivation of liberty not exceeding two years, against the person that has not been the subject of prior conviction, national or foreign, or when the background and character of the convicted person for predicting who will not commit a new offence, the Court may suspend the execution of the sentence imposed.
In this case, as in that of acquittal, the vote of the issues of fact is optional nature of the Court. In the case of a judgment rendered by a Judge or a one-man Court will not be required to vote on matters of fact.«
Article 287.- The declaration of dangerousness of a defendant, requested by the Prosecutor, in accordance with article 116 of the Criminal Code, (1) should be put to the vote as a matter of fact, requiring unanimity for its acceptance.
Article 288.- The judgment shall be signed by three members of the Tribunal Correctionnel. If there are votes singular, will be included below.
Article 289.- Read the sentence, the Chair will ask first to the defendant, and after the public Prosecutor, if it stand nullity. The response and resolution of the Court shall be recorded in the minutes. The sentenced may lodge a complaint of nullity, in writing, within twenty-four hours.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 289.- Read the sentence, the Chair will ask first to the defendant, and after the public Prosecutor, if it stand nullity. Before answering the question, the convicted person should consult with his counsel The response and resolution of the Court shall be recorded in the minutes of The sentenced may file an appeal for annulment in the same event, or to book right until the day following the issuing of the judgment, in which you can do so by writing« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 289.- Read the sentence, the defendant or the Prosecutor may appeal a nullity, and may do so on the spot or reserve this right up until the day following the date of issuance of the ruling, in that they can only do so in writing.«
Article 290.- The civil party, you can only file an appeal for annulment, in writing, within twenty-four hours.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 290.- The civil party may file an appeal for annulment only in writing, in the same term that is mentioned in the previous article« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 290.- The civil party may file an appeal for annulment only in writing, in the same term in the previous article, and only in terms of the amount of the civil redress, except in the case of acquittal.«
Article 291.- The record of the hearing shall be signed by all the members of the criminal Court, the Prosecutor and the defender of the defendant, who may make a note of any comments you deem appropriate.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 291.- The record of each hearing shall contain a summary of the action taken and shall be signed by all the members of the criminal Court, the Prosecutor and the defender of the defendant, leaving evidence in case of refusal of the latter.
The criminal Court, the Prosecutor, the civil party and the Defender of the defendant can make a note of any comments you deem appropriate» .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 291.- The minutes of the hearings will contain a synthesis of what has happened in them, and shall be signed by the members of the Court, the Prosecutor, the lawyer of the civil party, and the defender of the defendant, leaving a record of the refusal of the latter in the case of the occurrence.
The members of the Court, the Prosecutor, the lawyer of the civil party and the defender of the defendant can make a note of any observations of the act as it may deem convenient.« (*)
(*) Article amended by the Article 1 of the Law N° 28117published on 10 December 2003, the text of which is as follows:
"Article 291.- The minutes of the hearings will contain a synthesis of the actions in them, will be read before the judgment and signed by the members of the trial Chamber, the Prosecutor, the lawyer of the civil party and the defender of the defendant, allowing the record, in your case, the refusal of the latter to sign it. Shall contain the observations of the act as it may deem convenient, the mentioned parties to the proceedings.
In case of consecutive sessions of the act shall be read and signed in the session subsequent. When it comes to record extensive, by express provision of the Room, your reading may be substituted for the implementation of knowledge in the secretariat with the anticipation of not less than two hours before the start of the hearing session”. (*)
(*) Article amended by the Sole article of Law N° 28947published on 24 December 2006, the text of which is as follows:
"Article 291.- Subscription of the minutes
The record of the hearing shall be read before the judgment and signed by the President and Secretary of the Room, leaving a record of the observations made by the parties to the proceedings.
In the case of consecutive sessions of the hearing, the record will be read and signed in the session subsequent. When it comes to record extensive, by express provision of the Room, and under the responsibility, your reading may be substituted for the implementation of knowledge in the secretariat, with an advance notice of not less than four (4) hours prior to the commencement of the hearing session.”
NULLITY
Article 292.- The resource comes from nullity:
1º.- Against the final orders;
2º.- Against the granting or revocation of the suspended sentence;
3º.- Against orders that ordered to file a provisional or definitive statement;
4º.- Against the cars in the criminal Court referred the case file to other Tax receipt;
5º.- Against orders that are sent to file complaints;
6th.- Against orders that provide for the withdrawal of the indictment;
7th.- Against orders that resolve exceptions or questions;
8º.- Against orders that denied the writ of habeas corpus.
9th.- Against orders that meet the disqualification of a member of the Tribunal Correctionnel; and,
10th.- Against orders in which the Court declares its own jurisdiction or any other jurisdiction.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 292.- Comes nullity:
1) Against the final decisions;
2) Against the granting or revocation of the suspended sentence;
3) Against the cars that bring order to file a provisional or definitive statement;
4) on the cars in which the criminal Court ordered the Prosecutor to accuse;
5) Against orders to send to file complaints;
6) Against orders that provide for withdrawal of the indictment;
7) Against orders to declare founded the exceptions and issues prior to or referred for a preliminary ruling;
8) Against orders to resolve the action of habeas corpus;
9) Against the cars in the Court to declare their own jurisdiction or any other jurisdiction; and,
10) Against the orders of the Court to resolve the challenge of Vowels«. (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 292.- The Resource comes from Nullity:
1.- Against judgments in the processes of ordinary;
2.- Against the granting or revocation of the suspended sentence;
3.- Against orders that meet the exceptions and issues prior to or referred for a preliminary ruling;
4.- Against orders or final judgments that quench the action or to terminate the procedure, or the instance;
5.- Against the final decisions on the actions of"Habeas Corpus";
6.- In the cases in which the law confers expressly for that resource.
In exceptional cases, the Supreme Court by way of complaint, it may provide that the grant of the remedy of annulment when medicare or the case of a violation of the Constitution or of gross violation of the rules of substantive and procedural criminal law.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 292.- Decisions subject to appeal in the resources of nullity.
The nullity proceeds against:
(a) judgments in the processes of ordinary;
(b) the cars issued by the Criminal court Higher in the processes of the ordinary, in the first instance, to revoke the conditional sentence, the book of the conviction, the penalty of fines or penalties for provision of services to the community or limitation of days off;
c) cars definitive dictated by the Criminal Chamber Top, in the first instance, extinguished the action or to terminate the procedure, or the instance;
d) the car issued by the Criminal Chamber Top, in the first instance, ruling on the recasting of sentences or the replacement of the penalty for retroactivity benign, or that limit the fundamental right to personal liberty; and,
(e) the resolutions expressly provided by the law” .
Article 293.- The nullity does not prevent the enforcement of the judgment issued by the Court, except as provided in articles 330 and 331.
Article 294.- The annulment action is brought before the criminal Court, which will admit or deny plane, as found within or in Article 292 of this Code.
Article 295.- The term for filing the annulment action is twenty-four hours after notification of the self or of the issued and read out the sentence, except as provided in article two hundred ochentainueve.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 295.- The remedy of annulment shall be brought within the day following the date of dispatch and the reading of the judgment or of the notification of the contested decision, except as provided in article 289.«
Article 296.- Admitted to the remedy of annulment, the Court of Corrections to immediately rise the cars to the Supreme Court.
Should not the desertion or abandonment of the appeal of nullity.
The nullity is resolved with four votes agreeable.(*)
(*) Article amended by the Article 3 of the Law N° 12341published on 20 June 1955, the text of which is as follows:
"Article 296.- Admitted to the remedy of annulment, the Court of Corrections to immediately rise the cars to the Supreme Court.
Should not the desertion or abandonment of the appeal of nullity. The nullity is resolved with four votes agreeable.
The processes of offences covered in article 299 of the Penal Code, shall be resolved within fifteen days of receipt of the car.«
Article 297.- Denied the remedy of annulment by the Court of Corrections, the interested party may request copies, within deveinticuatro hours, to occur in complaint before the Supreme Court. The criminal Court shall order the issuance free of the copies requested and deemed necessary, raising them immediately to the Supreme Court, the decision on hearing of his Attorney. Suffice to three votes agreeable to resolve it.(*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 297.- Complaint.
1. Denied the remedy of annulment by the Criminal Chamber Higher in the cases referred to in article 292, the interested party may request copies, within twenty-four hours, for appeal of complaint ordinary. The Criminal Upper will order the issuance free of the copies requested and deemed necessary, bringing immediately to the notebook respective to the Supreme Court.
2. Exceptionally, in the case of sentences, and a car that quench the action or to terminate the procedure, or the instance, or resolutions that impose or provide for the continuation of precautionary measures personal dictated in the first instance by the Criminal Chamber Top, except as provided in article 271, the interested party -once denied the appeal of nullity - may lodge a complaint exceptional, provided that it is established that the contested decision or the procedure that preceded it violated constitutional norms or rules having the force of law directly derived from those.
3. The admission of the complaint exceptional, as stipulated in the above paragraph, is subject to that:
(a) be lodged within twenty-four hours of notification of the resolution denying the appeal of nullity;
(b) be required and based on time of the grounds of appeal;
c) indicate in writing that the resource contains the relevant pieces of the process and its folios, for the formation of the notebook in question.
4. The Criminal Upper will only be able to declare inadmissible the complaint if you violate the formality and the term provided for in this Code. In that case, the affected party, within twenty-four hours, it will take you directly to the Supreme Court enclosing a copy of the appeal and the writ of notification containing the self denegatorio. The Supreme Court will decide, without any red tape, if applicable, the Criminal Chamber Upper elevates the notebook to a complaint.
5. The Supreme Court, in all cases, resolve the complaint, prior tax opinion. Suffice to three votes agreeable to resolve it” .
Article 298.- The Supreme Court will declare the nullity:
1º.- If in the process there has been alteration or omission of transactions that you carry this penalty;
2º.- If the judge instructed or the Court that tried was not competent;
3º.- If in the debate oral declared witnesses were read the statements made by them in the instruction;
4º.- If you have been convicted of a crime that was not subject matter of the investigation or trial;
5º.- If you have made the matters of fact and omitting some of the qualifying elements of the offence or of determining the liability of the defendant;
6th.- If you have omitted to instruct or prosecute a crime that appears from the complaint, the statement of the prosecution or of the statements of the hearing;
7th.- If the matters of fact and do not refer to all crimes and all of the defendants;
8º.- If it is not voted on separately the issues of fact and the penalty, or those not were read and published on the same day that concluded the discussions;
9th.- If the approach of the issues of fact leads to conclusions ambiguous or contradictory;
10th.- If the judgment is awarded outside the legal time limit; and,
11th.- If it is discovered in the process some other serious violation of the law.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 298.- The Supreme Court will declare the nullity:
1) If, in the process, incurred alteration or omission of procedures that explicitly carry this penalty.
2) If the judge who instructed him or the Court that tried was not competent.
3) If you have been convicted of a crime that was not subject matter of the investigation or trial.
4) If you have made the matters of fact and omitting some of the qualifying elements of the offence or of determining the liability of the defendant.
5) If you have omitted to instruct or prosecute a crime that appears from the complaint, the statement of the prosecution or of the statements at the hearing.
6) If the matters of fact and do not refer to all crimes and all of the defendants.
7) If the approach of the issues of fact leads to conclusions ambiguous or contradictory.
8) If the judgment is awarded outside the legal time limit.
9) If it is discovered in the process some other serious violation of the law.
Not applicable to declare the nullity in the case of vice procedural whose rectification would not have to alter the sense of the resolution« (*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 298.- The Supreme Court will declare the nullity:
1.- When in the course of instruction, or in the process of judging, is guilty of serious irregularities or omissions of paperwork or guarantees established by the Criminal Procedure Law;
2.- If the Judge instructed or the Court that tried was not competent;
3.- If you have been convicted of a crime that was not subject matter of the investigation or Trial, or has omitted to instruct or prosecute a crime that appears from the complaint, investigation or the prosecution.
Not applicable to declare the nullity in the case of faults procedural susceptible of being corrected; or that do not affect the meaning of the resolution. Judges and Courts are empowered to complete or integrate in accessories, incidental or subsidiary, rulings, or judicial decisions.
The nullity of the process will not take more effects that the rollback procedure to the station in proceedings in which it is made or produced the defect, the rest of the evidence, that specifically were not affected. Declared the nullity of the Trial, the hearing will be reopened, so that such act will remedy the defects or omissions that led to, or that in his case, to complement or expand the tests and procedures that apply to you.«(*)
(*) Article amended by the Article 2 of the Law N° 24670published on 20 may 1987(*) NOTE SPIJ, the text of which is as follows:
"Article 298.- The Supreme Court will declare the nullity:
1) When in the lift of the instruction, or in the process of judging, is guilty of serious irregularities or omissions of paperwork or guarantees established by the Criminal Procedure Law;
2) If the Judge who instructed him or the Court that tried was not competent;
3) If you have been convicted of a crime that was not subject matter of the investigation or Trial, or has omitted to instruct or Prosecute a crime that appears from the complaint, investigation or prosecution.
Not applicable to declare the nullity in the case of faults procedural susceptible of being corrected; or that do not affect the meaning of the resolution. Judges and Courts are empowered to complete or integrate into the accessory, incidental or subsidiary, rulings, or judicial decisions.
The nullity of the process will not take more effects that the rollback procedure to the station in proceedings in which it is made or produced the defect, the rest of the evidence, that specifically were not affected. Declared the nullity of the Trial, the hearing will be reopened, so that such act will remedy the defects or omissions that motivated or that in his case, to complement or expand the tests and procedures that apply to you.
If the nullity of the process or of the trial come from malice, guilt and negligence or ignorance inexcusable of lower-level Judges, or has been processed the cause in contravention of the guarantees of the administration of justice enshrined in the Constitution and in the law, the Supreme Court, ex officio, to be applied to violators of the sanctions set out in article 230.« (*)
(*) In accordance with the Sixth Disposal and Transient of the Law N° 24979published on 04 January 1989provides that recovers effect this Article in the part as amended by the Law # 24670.
Article 299.- The Supreme Court, whatever the party filing the appeal or matter determined, you can cancel the entire process and send redo the instruction by the same or other magistrate; or declare only the annulment of the judgment and to point out the Court which has to repeat the trial.(*)
(*) Article amended by the Article 2 of the Law N° 24670published on 20 may 1987(*) NOTE SPIJ, the text of which is as follows:
"Article 299.- The Supreme Court, whatever the party filing the appeal or matter determined, you can cancel the entire process and send redo the instruction by the same or other magistrate; or declare only the annulment of the judgment and to point out the Court which has to repeat the trial.
In the declaration of invalidity of the process or of the trial is to observe the provisions of the last part of article 298« .(*)
(*) Confront with the Act No. 24712published on 01 July 1987 . (*)NOTE SPIJ
(*) In accordance with the Sixth Disposal and Transient of the Law N° 24979published on 04 January 1989provides that recovers effect this Article in the part as amended by the Law # 24670.
Article 300.- Also, will the Supreme Court to modify the sentence of one or more of the condemned, when it was applied to crime, one that does not correspond to it by its nature or the circumstances of its commission. It will require a unanimous vote to impose as a penalty to amend the internment.(*)
(*) Article amended by the Article 2 of the Law N° 24670published on 20 may 1987(*) NOTE SPIJ, the text of which is as follows:
«Article 300.- Also, will the Supreme Court to modify the sentence of one or more of the condemned, when it was applied to crime, one that does not correspond to it by its nature or the circumstances of its commission. It will require a unanimous vote to impose as a penalty to amend the internment.
The resolution shall, if the case may be, as provided in the last part of the article 298".(*)
(*) In accordance with the Sixth Disposal and Transient of the Law N° 24979published on 04 January 1989provides that recovers effect this Article in the part as amended by the Law # 24670.
(*) Article amended by the Sole article of Law No. 27454 published on 24 may 2001the same apply retroactively, the text of which is as follows:
"Article 300.- If the annulment action is brought by one or several sentenced, the Supreme Court can only confirm or reduce the penalty imposed and decide on the subject matter of challenge.
The sentences of convicted offenders who have not been the subject of nullity, may be amended only when it is favorable.
If the annulment action is brought by the Public prosecutor, the Supreme Court may modify the penalty contested, increasing or diminishing it, when it is not appropriate to the circumstances of the commission of the crime.
The Public prosecutor, the convicted and the civil action must be based on a ten-day period, the remedy of annulment, and in default shall be declared inadmissible the appeal.
The criteria set forth in the preceding paragraphs shall apply to appeals in summary proceedings provided for in the Legislative Decree No. 124.” (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 300.- Scope of the remedy of annulment.
1. If the annulment action is brought by one or several sentenced, the Supreme Court can only confirm or reduce the penalty imposed and decide on the subject matter of challenge.
2. Penalties or security measures imposed on convicted offenders who have not been the subject of nullity, may be amended only when it is favorable.
3. If the annulment action is brought by the Public prosecutor, the Supreme Court may modify the penalty or security measure contested, increasing or diminishing it, when it is not appropriate to the circumstances of the commission of the crime.
4. If the nullity refers to the civil remedies, the Supreme Court in all cases only you can decide in the tough areas of the claim objecting.
5. The parties shall, based on a ten-day period, the remedy of annulment. In the event of a breach will be declared inadmissible the appeal. This provision extends to the challenge of cars, in which case the term to substantiate is five days.
6. The criteria set forth in the preceding numerals shall be applicable to appeals in summary proceedings provided for in the Legislative Decree No. 124 and in all the other procedures laid down by the law” .
Article 301.- If the Supreme Court does not consider it founded the judgment of conviction or it turns out that the criminal action has prescribed, or that the defendant has already been tried and convicted or acquitted for the same offence, you can unsubscribe from this sentence and acquit the offender, even when he had not opposed any of these exceptions.
In case of acquittal, you can only declare the nullity and order new instruction or new trial.(*)
(*) Article amended by the Article 2 of the Law N° 24670published on 20 may 1987(*) NOTE SPIJ, the text of which is as follows:
"Article 301.- If the Supreme Court does not consider it founded the judgment of conviction or it turns out that the criminal action has prescribed, or that the defendant has already been tried and convicted or acquitted for the same offence, you can unsubscribe from this sentence and acquit the offender, even when it had not opposed any of these exceptions.
In case of acquittal, you can only declare the nullity and order new Instruction or new Trial.
In both cases, the Court shall observe the provisions of the last part of article 298.« (*)
(*) Confront with the Act No. 24712published on 01 July 1987. (*)NOTE SPIJ
(*) In accordance with the Sixth Disposal and Transient of the Law N° 24979published on 04 January 1989provides that recovers effect this Article in the part as amended by the Law # 24670.
“ Article 301-A. - Preceding mandatory.
1. The judgments of the Criminal Chamber of the Supreme Court, without prejudice to the provisions of article 12 of the Organic Law of the Judicial Power, constitute controlling precedent when they express the same, specifying the end of its normative effect. When the Criminal Chamber of the Supreme Court resolved from the foregoing, it should express the fundamentals of fact and law that support the judgment and the reasons for which it departs from the precedent. In both cases, the judgment must be published in the Official Journal, and, if possible, through the website or Web Page of the Judiciary.
2. If you notice that another Criminal court Supreme or other members of the respective Criminal court in their decisions hold criteria differing on the interpretation or application of a particular standard, at the instance of any of the Rooms, of the Supreme prosecutors ' Office of the Criminal or of the office of the Ombudsman -in relation to the areas referred to its attribution constitutional - will be convened immediately to the Full of the Vocal chamber of Criminal cases of the Supreme Court to issue a judgment of the whole, which is to be adopted by an absolute majority. In this case we do not require the intervention of the part, but they will announce the issue that motivates it, with knowledge of the Public Ministry. The decision of the Plenum shall not affect the judgment or judgments adopted in the cases determined by the call to the Plenary of the members of the Criminal. The judgment is plenary will be published in the Official Journal, and, if possible, through the website or Web Page on the Judiciary” .(*)
(*) Article incorporated by the Article 2 of Legislative Decree N° 959published on 17 August 2004.
BOOK FOURTH
SPECIAL PROCEDURES
SPECIAL PROCEDURE FOR THE CRIMES OF CALUMNY, DEFAMATION, SLANDER, AND AGAINST THE SEXUAL HONOR
Article 302.- In the crimes of calumny, defamation, slander, and against the sexual honor is not indictable profession, it is essential to the grievance of the aggrieved party before the investigating judge, with the indication of witnesses that need to be examined and accompanied, in his case, written proof of the facts ignorance of so many criminal. In crimes against the sexual honor, you can also apply for the appointment of experts.(*)
(*) Article amended by the Article 2 of the Law N° 27115published on 17 may 1999, the text of which is as follows:
"Article 302.- In the crimes of calumny, defamation and slander, do not indictable profession, it is essential to the grievance of the aggrieved party before the investigating judge, with the indication of witnesses that need to be examined and accompanied, in his case, written proof of the facts ignorance of so many criminal.«
Article 303.- The investigating judge will summon the defendant, by writ, stating in it the offence charged, the name of the witnesses offered, the experts appointed, if any, and the day and time that must appear together, complainant, respondent, witnesses and experts. These past with its respective opinion. On the same card will express that the respondent has the right to take up to three witnesses to rectify the alleged facts, or to demonstrate the bias of the witnesses offered by the complainant, and if there is an examination, an expert, to discuss the opinions of experts, judicial or submitted by the complainant. This card will be accompanied by a copy of the complaint.
Article 304.- The subpoena may not be for before the fifth day, or for after the tenth of the notification. It will leave a copy in the file of the certificate in question.
Article 305.- The diligence of the notice shall be signed by the defendant or a witness, if one does not know how to do it. If the defendant refuses to sign, it will be recorded by the clerk. If you are not located in your home, it will leave during two consecutive days substituted stuck to the door, and should be noted by the actuary in the cars, you have learned that the house where they have put on the cards is actually occupied by the defendant and that it is not absent. The actuary shall indicate in the diligence, the family members of the defendant or the neighbors of those who have taken the data.
Article 306.- Gathered before the investigating judge, the prosecutor, the defendant and the witnesses, the judge shall Invite the parties to find common ground. If there is reconciliation will sit the respective record, which will be signed by the judge, the parties and the clerk.
Article 307.- If the complainant is not the case, the judge cited a second subpoena, under penalty of give to the one given up action. If not appear, it will cut the procedure.
Article 308.- If there is no settlement, the judge shall examine the complainant, the respondent and the witnesses of both parties, in the form prescribed by this Code. If the written test, will be invited to the signatory or to the course author to that effect. If being a crime against the sexual honor, there is recognition of experts, shall, in respect of them in the examination prescribed in article 167. All of what transpires in the subpoena will sit minutes, which is signed by the judge, the clerk, the plaintiff, the defendant, witnesses and experts. If someone refuses to sign, it will be recorded the fact and the reasons that adujere.
Article 309.- Over the subpoena, the judge will submit the statement to the Tribunal Correctionnel, with news of the parts.
Article 310.- Received by the Tribunal Correctionnel the actuated, the President shall appoint a day for the hearing, which will be held in private. You can come to the hearing of the experts who made the recognition in the statement, or other experts; but none of the parties may take more of an expert, new.
Article 311.- Concluded the discussions, the criminal Court judgement shall be rendered, subject to the rules of the respective degree.
Article 312.- The trial will continue to be, ex officio, with the intervention of the Public prosecutor for crimes against the sexual honor in tort for boys or girls under the age of fourteen years, or against a child or children under sixteen years of age who do not have parents or guardians.
The same procedure was followed when the offence has been committed by the parent, foster parent, or when the minor is the child of his spouse, or his pupil, or hath been entrusted to the care of the accused. If the aggrieved person is an orphan, the complaint can be made by anyone who has had knowledge of the commission of the crime.
In none of these cases appropriate to the resignation of the criminal action made by the person representing the oppressed, nor can be supported reconciliation; except as provided in the second part of the article two hundred four of the Criminal Code(1), in the case of girls who have completed sixteen years of age.(*)
(*) Article repealed by the Article 4 of the Law N° 27115published on 17 may 1999.
Article 313.- In the cases of rape, statutory rape-seduction, kidnapping, or sexual assault of an older child of sixteen and under twenty-one, the police intervention only applicable to instance in the form of the aggrieved party or of those who represent them legally. Once you have completed the complaint to the judge through the ratification express of the party aggrieved, it shall be open to instruction, with the intervention of the Public prosecutor.
In these cases, initiated the criminal action, ceases to it by the resignation of the party aggrieved. Taking into account the circumstances in which the offence has been made, its consequences, and the mobile of the withdrawal, sought the resignation of the party aggrieved, it is appropriate to the opposition of the Public Ministry, which will be resolved by the Tribunal Correctionnel without any further proceedings in view of the reasons alleged to test your inconvenience.
Against the decision of the Court applicable to the appeal of nullity.
Rejected executory supreme renunciation of the aggrieved party, continue the procedure ex officio.(*)
(*) Article amended by the Article 2 of the Decree Law N° 20583published on 10 April 1974,whose text is as follows:
"Article 313.- In the cases of rape, seduction, abduction or sexual assault of a minor over fourteen years of age and less than eighteen, the police intervention only takes place at the instance of the aggrieved party or of those who represent them legally. Once you have completed the complaint before the judge by the ratification of the express, of the aggrieved party, proceed to open the instruction, with the intervention of the Public prosecutor.
In these cases, initiated the criminal action, ceases to it by the resignation of the party aggrieved, or the person represented, taking into account the circumstances in which the offence has been made, its consequences, and the mobile of the withdrawal.
Tried the resignation of the party aggrieved, or to those who represent them legally, it is appropriate to the opposition of the Public Ministry, which will be resolved by the Tribunal Correctionnel without further proceedings, in view of the reasons alleged to test your inconvenience. Against the decision of the Court is not appropriate, the remedy of annulment« .(*)
(*) Article repealed by the Article 4 of the Law N° 27115published on 17 may 1999.
PROSECUTIONS FOR THE CRIME OF PRINTING AND OTHER ADVERTISING MEDIA
Article 314.- Judges, instructors, sustanciando the complaint lodged by the aggrieved party, will instruct the processes for crimes of calumny, defamation and libel committed by means of newspapers or printed matter sold or distributed, offered for sale or displayed in public places, or for signs exposed to the public, or the cinema, the phonograph, the radio, or other similar means of advertising.(*)
(*) Article amended by the Article 2 of the Decree Law No. 22633published on 15 August 1979, the text of which is as follows:
"Article 314.- The judges trainers sustanciarán processes for the crimes of calumny, defamation and libel committed by means of printed matter and publications, or the press, or written, sold or displayed or for signs exposed to the public, or the cinema, radio, television, and other similar means of advertising, performing at the term of 8 days, a summary investigation and will fail within the term of five days, under the responsibility.
Against the decision of the Judge, no appeal; and against that of the Tribunal Correctionnel, nullity. These resources will be resolved within 10 days.«
Article 315.- Judges, instructors, ex officio or at the merit of the allegations made, open statement against that, using the periodical press, or other media of advertising mentioned in the previous Article, instigate the murder, robbery, fire or other havoc; or crimes against the public communications or against the provision of water, light and power; or to incite the citizens, parties or guilds to armed struggle or civil war; or to commit the crime of sedition.
Article 316.- The Courts, Correctional judge the offences referred to in this title by observing the applicable procedure, according to the case of indictable crimes, ex officio or by means of a complaint.(*)
(*) Article repealed by the Article 3 of the Decree Law No. 22633published on 15 August 1979.
Article 317.- The deadlines for the instruction of these crimes will be reduced to one third.(*)
(*) Article amended by the Article 2 of the Decree Law No. 22633published on 15 August 1979, the text of which is as follows:
"Article 317.- The investigation of the offences referred to in Article 315, shall be subject to the procedure and terms set forth in Article 314.
Made the complaint, and while not define the legal status of the defendant or accused, the parties will not make use of social media to refer to their respective persons and/or done or said defendant, related to the process. If this prohibition is transgressed, the accused referred to in the previous paragraph, shall be considered as reiterante; and the offended party, is liable to the commission of a crime against honor. In this case, the Judge shall proceed to the accumulation.« (*)
(*) Second Paragraph repealed by the Article 1 of Law No. 26773published on 18 April 1997.
JUDGMENT AGAINST DEFENDANTS ABSENT
Article 318.- If until the end of the statement, the offender could not be there, whenever in the judgment of the judge is established the existence of the crime and the guilt of the defendant, the judge will issue the requisitorias necessary for the apprehension of the accused.
In the car we will put a copy of the indictment and rise up to the Court.
Article 319.- Received the car against the defendant absent by the Court, shall pass to the Prosecutor, and this will make the accusation.
The Court, after renewing orders for their capture and send him call you by edicts that express the crimes that are alleged by the prosecution prosecutor, reserve the process until the accused to be there.
Article 320.- As soon as this or is apprehended the accused, the Court shall fix a day for the hearing. In this hearing, we will examine the witnesses and experts who voluntarily presented, requiring only the examination of the defendant, and the report of the Prosecutor and the defense. The Court can fail for the only merit of the statement if you do not act new evidence.
Article 321.- If the statement whether defendants present and absent, the Court shall appoint for the trial advocate for those who were absent. The acquittal may understand the absent; but the conviction can only understand the present, and reserves in respect of those absent. If these are present, or are apprehended after issued the judgment against the present, the Court will cite to the audience that you should judge them; in which only reads the statement, the minutes of the oral debates, the judgment against the defendants who were present, and the resolution of the Supreme Court, if any; it will examine the accused, oíra the reports of the Prosecutor and the defender, and will fail without further ado.
« If the instruction to be featured defendants in jail and accused free, the hearing will be held with the attending, be regarded as absent to all who do not attend the event by mouth; and the judgment that you pronounce you will acquit the inasistentes or book the process in respect of them, until they are born. If any of the accused persons who do not approve to the act of oral is presented, later, or is arrested, it shall be as set forth in the preceding paragraph of this article«.(*)
(*) Second Paragraph added by the Sole article of Law No. 13695published on 23 September 1961.
Article 322.- When the criminal Court or the Supreme Court, in their respective cases, to fail in a cause against inmates who were absent, and in which it was issued judgment against the defendants present, will be able to review the judgment of the damned, in order to mitigate the penalty, if any by the new data that result.
THE ESCAPE OF THE ACCUSED
Article 323.- When a prisoner is finished off leaks, the Head of the establishment will raise an investigation into the fact, and shall forward it to the magistrate to proceed under its terms of reference.
TRIAL BY FAULTS
Article 324.- Corresponds to the justices of the peace, to instruct the processes by faults.
Article 325.- The justice of the peace will summon the accused, and present it, the aggrieved, the experts that are appointed and the witnesses that are offered, these will be examined in a single hearing, will set the respective record, and raise the case to the investigating judge.(*)
(*) Article amended by the Article 1 of the Decree Law No. 21895published on 03 August 1977, the text of which is as follows:
"Article 325.- The justice of the Peace will summon the accused, and, present it, the aggrieved, the experts that name, and the witnesses who offered, will examine them in a single hearing which may not exceed three sessions, will set the respective record, and raise the case to the investigating Judge.
In the cases that it may not be the hearing after 30 days of received the complaint, the justice of the Peace, without prejudice to further action, it shall inform the investigating Judge on the reasons that prevent you from processing the instruction, who shall issue the corresponding measures, under the responsibility« .(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
“Article 325.- The procedures of the jurisdiction of Justices of the Peace, Lawyers, shall be subject, as appropriate, to the rules laid down for summary judgment, but the term of the statement shall not exceed thirty days, unless an extension exceptional up of fifteen additional days.
The procedures of the jurisdiction of Justices of the Peace, Not Lawyers, are made in a single hearing, which shall be offered and taken all the tests. The audience may not exceed three sessions, except that suspensions are due to causes of force majeure.
In any state of the cause, before the ruling, the complainant or aggrieved person, you can opt-out of the action, which will be late in the process.
Processes taught by the Justices of the Peace, Lawyers, will be sentenced by the Criminal Judges and may be appealed before the Tribunal Correctionnel. Processes taught by the Justices of the Peace are Not Lawyers and are scheduled to be sentenced by the Justices of the Peace, Lawyers, and, in failure, in this case, it may be appealed to the Criminal court Judge” .(*)
(*) Article amended by the Article 1 of Law No. 24965published on 22 December 1988, the text of which is as follows:
"Article 325.- The procedures of the jurisdiction of Justices of the Peace, Lawyers, should be subjected as appropriate, to the rules laid down for summary judgment, but the term of the statement may not exceed thirty (30) days, unless an extension exceptional up of fifteen (15) additional days.
The procedures of the jurisdiction of Justices of the Peace, Not Lawyers, are made in a single Hearing, which shall be offered and taken all the tests. The Audience may not exceed three sessions, except that suspensions are due to causes of force majeure.
In any state of the cause, before the ruling, the complainant or aggrieved person, you can opt-out of the action, which will be late in the process.
The processes sentenced by the Justices of the Peace, Lawyers may be appealed before the investigating Judge and the processes sentenced by the Justices of the Peace are Not Lawyers, may be appealed to the justice of the Peace Lawyer.«(*)
(*) Confront with the Act No. 27939law , law that establishes procedures in cases of faults, published the 12 February 2003. (*) NOTE SPIJ
Article 326.- Received the statement by the investigating judge, will fail in the end of the third day, the only merit of the proceedings referred by the justice of the peace.
The Tribunal Correctionnel know the process in appeal, and will be settled in a minimum time.
The decision of the Court Correctional there is no place on the remedy of annulment. (*)
(*) Article amended by the Article 1 of Law No. 24965published on 22 December 1988, the text of which is as follows:
"Article 326.- Receipt of the appeal by the Judge or by the court the Legal representative, as the case may be, thereof, for the only merit of the dossiers received, will be resolved at the end of five (5) days.
The resolution of the investigating Judge or the justice of the Peace Lawyer, there is no place to any resource impugnatorio.«(*)
(*) Confront with the Act No. 27939law , law that establishes procedures in cases of faults, published the 12 February 2003. (*) NOTE SPIJ
Article 327.- The prison sentence can be compensated for by the defendant, paid five suns for every day. This product will be sent to the Local Board of Trustees of the District Court.(*)
(*) Article amended by the Article 1 of Legislative Decree No. 126published on 15 June 1981, the text of which is as follows:
"Article 327.- In the proceedings before Justices of the Peace, the penalty involving deprivation of liberty may be compensated in an amount equal to the proportional part corresponding to the minimum wage vital monthly for Industry and Commerce of the province of Lima, in force at the date of the commission of the offence. The same criterion will be adopted, as appropriate, in the case of imposition of a penalty as a punitive sanctions.«
Article 328.- The measure referred to in Article 386 of the Penal Code, (1) will be imposed in any case, in accordance with the procedure referred to in this title.
COMPLIANCE STATEMENTS
Article 329.- The acquittal will be fulfilled by giving immediately released the defendant, if it is stopped, or if the surety or bail if you are on probation.
Article 330.- The judgment of conviction will be fulfilled, but gets nullity, except for the cases in which the punishment of detention, banishment, prison or exile.(*)
(*) Article amended by the Article 2 of the Law N° 29460published on 27 November 2009, the text of which is as follows:
“Article 330.- The judgment of conviction will be fulfilled even if it gets nullity.«
Article 331.- The death sentence shall be communicated to the Ministry of Government and Police (now the Ministry of the Interior), which will enforce the twenty-four hours of final judgment, by the staff which in each case shall provide, to apply, as pertinent, the provisions of articles 763 and following of the Code of Military Justice.
If the punishment is detention, banishment or prison, the defendant will remain in the prison departmental while resolving the annulment action. If the penalty is of expatriation, will be, in the meantime, under the surveillance of political authority.(*)
(*) Article amended by the Article 2 of the Law N° 29460published on 27 November 2009, the text of which is as follows:
« Article 331.- The sentence of death is communicated to the Ministry of the Interior, who shall comply with the same within twenty-four hours of final judgment, by the relevant personnel, applied in appropriate cases, the provisions of sections 481 and following of the Code of Military Justice, Police, approved by Legislative Decree no. 961.
The accused will remain in prison pending the appeal of nullity.”
Article 332.- Executory judgment of conviction, the Court Correctional rise to the Supreme Court a witness of it, for registration in the Court Register; send another to the Directorate of Prisons; and a third at the Head of the prison where the inmate must serve his penalty.
Article 333.- The penalty of imprisonment shall be served in jail from the capital of the Department where he was sentenced. The sentences of detention, banishment and prison will be fulfilled in the Central Prison in the Capital of the Republic, or in the other that could be created.
The arrest and penalties for misconduct will be met in prison in the provincial or district.
MATCHES: D. L. No. 17581
Article 334.- Necessarily in the entire headquarters of the Tribunal Correctionnel, there will be separate premises for detained and sentenced persons.
Article 335.- The directors and guards of the penal institutions shall obey, in regard to the admission and release of the arrested or convicted, the orders of the judges, trainers and Courts, Corrections, and executed immediately and the mandates of freedom given by the Supreme Court, according to statements issued by.
Article 336.- The directors and wardens will also income in penal institutions, to the people that referred to the Judicial Police, as detainees, to be made available to the investigating judge.
Article 337.- The civil restitution ordered by a final judgment, will be effective by the investigating judge originally, to whom the criminal Court shall forward the cars.
Article 338.- The investigating judge shall proceed to this effect, and with the intervention of the fiscal agent, against the defendants, their cause harmless or third parties subject to the liability, subject to what is prescribed in the articles 683 720 of the Civil Procedures Code. (2) Will also seek of the Local Council of Trustees and, if not any, of the Director of the establishment respective criminal, the part of the salary of the damned, according to the articles 403 and 404 of the Penal Code, (1) corresponds to the victims of the crime.
THE REHABILITATION OF CONVICTED PERSONS (*)
(*) In accordance with the Article 2 of the Law No. 25274published 19 July 1990, repealing, or amending, as the case may be, the provisions that are against the Law, in particular those contained in this Title VII of the Book Room.
Article 339.- Every convicted person has the right to ask for their rehabilitation, after five years of accomplished or prescribed the penalty of detention, banishment, or penitentiary, or three if it comes to prison or to any other penalty.
Article 340.- The demand for rehabilitation will be presented to the criminal Court of the place of residence of the petitioner and shall state:
1 the date of The conviction; and,
2 The place where he resided after fulfilled or prescribed sentence.
Article 341.- The Tribunal Correctionnel request of the Judicial Police, or of the officials it believes appropriate, data concerning:
1 the residence of the petitioner;
2nd To his conduct in the latter period; and,
3rd To their means of subsistence or work.
Article 342.- Performed the research, will be given a hearing to the Prosecutor, who may request the extension of the latter.
The Tribunal Correctionnel be ordered pointing to a term of not more than twenty days.
Article 343.- Issuance of the tax opinion, the criminal Court will give a decision. The car that grants the rehabilitation, will be communicated to the Supreme Court to have your Record in the register of Convictions.
Article 344.- The rehabilitated may be obtained from the Registry of Convictions, a certificate stating it does not exist, in respect of him, the criminal history whatsoever.
EXTRADITION
Article 345.- The Executive Power may be delivered to the Governments of the foreign countries, with the condition of reciprocity, to any individual charged with, or convicted by the Courts or Tribunals of the Nation requesting extradition, provided that a crime or offence of the type specified in the law on the twenty-third of October, one thousand eight hundred ochentiocho, and that had been committed on its territory or in the territorial waters, merchant ships on the high seas, and war, wherever they are.(*)
(*) Article repealed by the Article 46 of Law No. 24710 published on 27 June 1987.
Article 346.- Submission of the request for extradition, the Ministry of Foreign Affairs will go to the Supreme Court, which, after hearing the Public prosecutor, issue its report on the legality or illegality of the extradition is requested. In virtue of such report the President of the Republic shall decide, with the agreement of the Council of Ministers, the demand.(*)
(*) Article repealed by the Article 46 of Law No. 24710 published on 27 June 1987.
Article 347.- Whenever a Court has knowledge that one or several of the defendants are in a foreign country, if the statement is adequately proven the guilt of the defendant, it shall submit a copy of the action taken to the Supreme Court, for it to resolve if according to the law, the treaties, or the principles of reciprocity or comity, corresponds to claim the extradition.(*)
(*) Article repealed by the Article 46 of Law No. 24710 published on 27 June 1987.
Article 348.- The Supreme Court, the opinion of the prosecutor, which shall be issued within three days, shall immediately appoint the hearing of the case that contains the query high, according to the article above, dictating to its resolution within twenty-four hours following the hearing.(*)
(*) Article repealed by the Article 46 of Law No. 24710 published on 27 June 1987.
WRIT OF HABEAS CORPUS
Article 349.- Every person reduced to prison for more than twenty-four hours, without the competent judge is beginning to take the pretrial statement, has expedited the extraordinary remedy of habeas corpus.
Gives also rise to the exercise of this resource, the violation of individual and social rights guaranteed by the Constitution.(4)(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
To article 350.- The writ of habeas corpus is filed with the magistrate or before the criminal Court, provided that the detention will be assigned to an authority that is not a judge.
If the arrest was attributed to a court order, the appeal will be filed necessarily before the Tribunal Correctionnel.( *)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
Article 351.- The writ of habeas corpus can be filed by the detainee or their relatives up to the fourth degree of consanguinity and second of affinity, without the need for power, and must necessarily contain the statement, sworn to have been more than twenty-four hours of the detention, without having begun the instructive; not to be detained a prisoner finished off, or be subject to statement for any crime; not to be a deserter of the Army, the Police, the Army or the air force; not to be conscripted drawn, or military service arrested by his Boss; or to be in compliance legally compulsory detention body decreed by a judge or Court of competent jurisdiction, and, in addition, indicate the site at which the detainee.(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
Article 352.- The judge who receives the writ of habeas corpus, shall be immediately in the place in which the detainee, and if you find that you do not follow any instruction by a competent court, and that they are certain of the statements of the resource, it shall immediately released, informing the Court that it depends. If you know who is under the jurisdiction of a judge, you can engage in competition, and if this comes under this Code, give an account to the Court.(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
Article 353.- If the Head of the establishment in which the detainee refuses to give income to the judge or to comply with the verbal order of freedom, it will open against him, the corresponding statement is guilty of the crime against individual freedom.(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
Article 354.- They filed a writ of habeas corpus before the Court of Corrections, may he entrust to one of the judges and trainers for that is formed in the place of detention and the release of the arrested person, if the resource comes from under this title.(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982
Article 355.- Provided that the detention is in a place other than that in which the judge or Court that receives the resource, one or the other will order that the investigating judge or the peace, if it is a district, comply with the provisions of the preceding articles.(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
Article 356.- If the writ of habeas corpus is declared to be founded and the order of detention emanated from political authority, the Court decreed freedom or that was communicated by the judge, will summon the officer, who appears guilty, the oppressed and the Prosecutor to a hearing, in which, after the debates in accordance with the rules of this Code, shall be imposed as a punishment for the impeachment of employment, which may not return until two years. In case of considering the abuse of authority, grave, may impose upon the guilty to prison for up to three months.(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
Article 357.- The have been derived for higher-order non-free to the authority executing the unlawful imprisonment of the liability and the penalty fixed in the previous articles.(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
Article 358.- If the authority accused alleges order of the Government, the Court, without prejudice to impose the penalty enforcement officer, will be aware of the process to the Chamber of Deputies, to which, considering it as an accusation, to comply with what is prescribed by the Law of Responsibility.(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
Article 359.- The guards posted to an address, it is considered arbitrary detention against the person who occupies, or whose freedom is attacked, and give place to the procedure set forth in this title.(*)
(*) Article repealed by the Article 45 of Law No. 23506 published on 08 December 1982.
Article 360.- Do not apply the provisions of this title in respect of the measures conducted by the authorities of the Government, in exercise of the laws seven thousand four hundred setentinueve(7)and eight thousand five hundred five. (8) (*)
(*) Article repealed by the Article 1 of Law No. 10221 published on 02 August 1945.
RESOURCE REVIEW
Article 361.- The judgment of conviction should be reviewed by the Supreme Court, regardless of the jurisdiction that has court or the penalty that has been imposed:
1.- When after a conviction for murder is to produce sufficient evidence that the alleged victim of the crime you live or lived after committed the act that gave rise to the judgment;
2.- When the judgment was based primarily on the testimony of a witness convicted after as false in a criminal trial;
3.- When after a judgment had another in the to be sentenced for the same offence to a person other than the defendant; and not being able to conceal both sentences, in its contradiction is the proof of the innocence of one of the convicts;
4.- When the sentence was pronounced against another precedent that has the quality of res judicata; and
5.- When after the statement credited facts by means of evidence not known at the trial, which are capable of establishing the innocence of the convicted person.
Article 362.- The appeal for review may be lodged by the defendant, by their relatives up to the fourth degree of consanguinity and second of affinity, by his spouse, his guardian, father or adopted son, and the Fiscal of the Supreme Court.(*)
(*) Article amended by the Article one of the Decree-Law No. 18236published on 22 April 1970, the text of which is as follows:
"Article 362.- The appeal for review may be lodged by the defendant, by their relatives up to the fourth degree of consanguinity and second of affinity, by your spouse, guardian, parent, or the adoptive son and the other members of the Supreme Court.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 362.- Legitimation.
1. The application for revision may be promoted by the Prosecutor of the Supreme Criminal and by the convicted person.
2. If the convicted person is unable to, you will be promoted by your legal representative; and, if he had died or was unable to do so, by his spouse, ascendants, descendants, brothers and sisters, in that order” .
Article 363.- The appeal for review may be filed even if he's dead the damned, to rehabilitate his memory.
Article 364.- The petition for review is filed with the Supreme Court, accompanied by the documents attesting to the fact that it is founded. The Supreme Court has appointed two Prosecutors to inform themselves of the facts alleged and provide their opinion about the application, and will be settled in Full Room, if there is a place to nullify the judgement, and to renew the process. At this hearing will not vote the Tax informants, but will attend to give the necessary explanations. The defendant or defender this name, you must be heard if he concurs.(*)
(*) Article amended by the Article one of the Decree-Law No. 18236published on 22 April 1970, the text of which is as follows:
"Article 364.- The petition for review is filed with the Supreme Court, accompanied by the documents attesting to the fact that it is founded. The Supreme Court has appointed two of its members to inform themselves of the facts alleged and provide their opinion about the application, and will be settled in Full Room, if there is a place to nullify the judgement, and to renew the process. At this hearing will not vote the Vocal informants, but will attend to give the necessary explanations; nor shall vote the member who filed the appeal. The defendant or defender this name, you must be heard if he concurs.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 364.- To process the review appeal.
1. The demand for revision with your receipts will be filed before the Criminal Chamber of the Supreme Court. Must contain the accurate reference, and full of the facts on which it is founded, and the appointment of the relevant legal provisions. Be accompanied by proof that the case may require. Also specify the address of the aggrieved person if it was in civil part.
2. If the application meets the requirements, will be immediately record the revision in question, with citation of the parties.
3. Received the requested file, you'll have a view attorney, unless the Attorney has submitted the application for revision. In this last case, there will be transfer of the claim to the defendant or his legal representative or his family members, as well as to the civil party, for the term of ten days.
4. Complied with the procedure provided for in the above paragraph, it will likely set a date for the hearing of the case. If the Room is established the causal invoked, declared without a value judgment reason for the objection, and shall forward the process to a new trial when the case requires it, or deliver directly to the acquittal.
5. If the resolution of the Criminal Chamber of the Supreme Court is absolution, they shall order the restitution of payments made by civil damages and fines, as well as -requested - the appropriate compensation for judicial error.
6. The resolution of the Supreme Court shall notify all parties of the process originating” .
Article 365.- If the penalty has not yet been executed, and one of the Prosecutors presented the appeal, suspend the execution as long as resolved by the Supreme Court.(*)
(*) Article amended by the Article one of the Decree-Law No. 18236published on 22 April 1970, the text of which is as follows:
"Article 365.- If the penalty has not yet been executed, and one of the members gets the appeal, suspend the execution as long as resolved by the Supreme Court.« (*)
(*) Article amended by the Article 1 of Legislative Decree N° 959published on 17 August 2004, the text of which is as follows:
“ Article 365.- Effects of the demand review.
The submission of the application for review does not suspend the enforcement of the judgment. However, at any point in the proceedings, the board may suspend the execution of the judgment contested and dispose of the case, the freedom of the accused, even applying, if necessary, a measure of coercion alternative” .
FINAL PROVISIONS
Article 366.- The Director of Prisons in the capital of the Republic, and the wardens of prisons in the department capitals will rise in the months of June and November, the Presidents of the Courts, Corrections, of his or her respective Judicial District, a relationship of the detainees whose cases are pending the hearing of juzgárseles, with indication of the time that they remain detained.
MATCHES: D. L. N° 25476
Article 367.- The Courts Corrections at the end of the months of July and December of each year, conduct a public hearing to be extraordinary, with the assistance of his Attorney in the conduct:
1 To examine the reasons of causes with an inmate in jail, which present the Secretariat, in accordance with the high ratio pursuant to the preceding article; by the Heads of prisons;
2nd To listen to the complaints made by the advocates or representatives of the defendants; and,
3rd-order freedom under the supervision of the authority, of the defendants that they have suffered a detention time equal to or greater than the penalty that may apply for the crime that was the matter of the accusation prosecutor, without prejudice to their immediate prosecution.
MATCHES: D. L. N° 25476
R. A. No. 008-2011-SP-CS-PJ (Approve Regulations of Public Hearings Extraordinary)
Article 368.- The minutes of these hearings with the reasons of causes and communications of the original Heads of prisons, will be elevated by the respective Presidents of the Higher Courts, the President of the Supreme Court, to which, after a report of one of the members of the Court, the Supreme Court, in the Room Full, get knowledge of them and dictate, depending on the circumstances, the measures disciplinarías to any place or, in the case of gravity, agreed to the suspension or dismissal of the officials who are responsible for the delay of the process.
MATCHES: D. L. N° 25476
Article 369.- Are hereby repealed articles 52 and 386 in the last part, of the Criminal Code. (1)
Second Article.- Is repealed the Code of Proceedings in Criminal Matters promulgated by Law No. 4019 January 2, 1919. (5)
Government house, in Lima, on the twenty-three days of the month of November, one thousand nine hundred treintinueve.
O. R. BENAVIDES
Manuel Ugarteche, President of the Council of Ministers and Minister of Finance and Trade.
Enrique Goytizolo B., Minister of Foreign Affairs.
Diómedes Arias Schereiber, Minister of Government and Police.
José Félix Aramburú, Minister of Justice, Worship and Prisons.
Felipe Bar, Minister of War.
Hector Stopper, Minister of Development and Public Works.
Roque A. Saldías, Minister of Marine and Aviation.
Oscar F. Arrús, Minister of Public Education.
Guillermo Almenara, Minister of Health, Labour and Social welfare.
Therefore:
Command post and stick to it.
Given in the House of Gobierrno, in Lima, on the twenty-three days of the month of November, one thousand nine hundred treintinueve.
O. R. BENAVIDES.
TABLE OF AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURES
|
ARTICLE |
AFECTACION LEGAL |
DATE |
|
Art. 4 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 4 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 5 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 5 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 12 |
MODIFIED by theArticle 1 of Law No. 13674 |
20-07-1961 |
|
Art. 12 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 12 |
MODIFIED by theArticle 1 of Law No. 24965 |
22-12-1988 |
|
Art. 14 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 16 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 16 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 20 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 20 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 33 |
MODIFIED by the Article 1 of Law No. 27652 |
24-01-2002 |
|
Art. 33 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 34 |
MODIFIED by the Article 1 of Law No. 27652 |
24-01-2002 |
|
Art. 34 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 34-To |
BUILT-in by the Article 2 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 36 |
MODIFIED by the Article 1 of Law No. 27652 |
24-01-2002 |
|
Art. 40 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 40 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 40 |
MODIFIED by theArticle 1 of the Law N° 28117 |
10-12-2003 |
|
Art. 41, in regard to the intervention of the investigating Judge and the Court of Corrections in the excuse of a Fiscal Agent |
REPEALED by theArticle 106 of Legislative Decree N° 52 |
18-03-1981 |
|
Art. 43 |
MODIFICADOpor theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Title III the Book First |
REPEALED by theArticle 106 of Legislative Decree N° 52 |
18-03-1981 |
|
Art. 49 |
MODIFIED by the Article 3 of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 50 |
REPEALED by theArticle 106 of Legislative Decree N° 52 |
18-03-1981 |
|
Art. 53 |
MODIFIED by the Article 1 of the Law N° 27994 |
06-06-2003 |
|
Art. 57 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 60 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 61 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 62 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 62 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 67 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 67 |
REPEALED by the Only Provision Repealing the Law N° 29360, current 1 January 2010 |
14-05-2009 |
|
Art. 68 |
MODIFIED byArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 68 |
REPEALED by the Only Provision Repealing the Law N° 29360, current 1 January 2010 |
14-05-2009 |
|
Art. 69 |
REPEALED by the Only Provision Repealing the Law N° 29360, current 1 January 2010 |
14-05-2009 |
|
Art. 70 |
REPEALED by the Only Provision Repealing the Law N° 29360, current 1 January 2010 |
14-05-2009 |
|
Art. 71 |
REPEALED by the Only Provision Repealing the Law N° 29360, current 1 January 2010 |
14-05-2009 |
|
Art. 72 |
MODIFIED byArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 72 |
MODIFIED by the Article 3 of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 74, in the sense that the statement can only be initiated ex officio or following a complaint from the Public Ministry, when the criminal action is public, and the aggrieved person or their relatives, and when it is private |
MODIFIED by theArticle 107 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 75, in the sense that the statement can only be initiated ex officio or following a complaint from the Public Ministry, when the criminal action is public, and the aggrieved person or their relatives, and when it is private |
MODIFIED by theArticle 107 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 77 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 77 , in the sense that the statement can only be initiated ex officio or following a complaint from the Public Ministry, when the criminal action is public, and the aggrieved person or their relatives, and when it is private |
MODIFIED by theArticle 107 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 77 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 77 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 77 |
MODIFIED by theArticle 1 of the Law N° 28117 |
10-12-2003 |
|
Art. 77 |
MODIFIED by the Article 3 of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 77-A |
BUILT-in by the Article 4 of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 77-B |
BUILT-in by the Article 4 of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 79 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 79 |
MODIFIED by theArticle 1 of Law No. 23612 |
11-06-1983 |
|
Art. 79 |
MODIFICADOpor theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 80 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 80 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 81 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 83, paragraph |
ADDED by theArticle one of the Decree-Law No. 20774 |
30-10-1974 |
|
Art. 83 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 83 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 83 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 84 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 84 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 84 |
MODIFIED by theArticle 1 of Law No. 23612 |
11-06-1983 |
|
Art. 84 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 87 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 88 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 90 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 90 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 90 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 90 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 91 in terms declares optional the concurrence of the Ministry of Public prosecutions, which is mandatory |
MODIFIED by theArticle 107 of Legislative Decree No. 52 |
18-03-1981 |
|
Title II, Book II, D enominación |
MODIFIED by theArticle 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 94 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 94 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 95 |
MODIFIED by the Article 1 of Law No. 27652 |
24-01-2002 |
|
Art. 97 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 97 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 102 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 103 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 103 |
MODIFIED by theArticle one of the Decree-Law No. 20580 |
10-04-1974 |
|
Art. 103 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 103 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 104 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 104 |
SUSTITUI DO by theArticle one of the Decree-Law No. 21043 |
31-12-1974 |
|
Art. 104 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 105 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 105 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 106 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 107 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 108 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 109 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 110 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 111 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 112 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 113 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 114 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 114 |
SUSTITUI DO by theArticle one of the Decree-Law No. 21043 |
31-12-1974 |
|
Art. 114 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 115 |
REPLACED by theArticle 1 of the Decree Law No. 18978 |
28-09-1971 |
|
Art. 121-A |
BUILT-in by the Article 4 of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 122 |
MODIFIED by theArticle 1 of the Decree Law No. 18850 |
05-05-1971 |
|
Art. 122 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 127 |
MODIFIED by the Sole article of Law N° 27834 |
21-09-2002 |
|
Art. 136 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 136 |
MODIFIED by the Subsection (b) of Article 1 of the Law N° 28760 |
14-06-2006 |
|
Art. 143 |
MODIFIED by the Article 1 of the Decree Law No. 21895 |
03-08-77 |
|
Art. 143 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 143 |
MODIFIED by theArticle 2 of the Law No. 27055 |
24-01-1999 |
|
Art. 146 |
MODIFIED by theArticle 2 of the Law No. 27055 |
24-01-1999 |
|
Art. 148 |
MODIFIED by theArticle One of the Decree-Law No. 23084 |
13-06-1980 |
|
Art. 148 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 148 |
MODIFIED by the Sole article of Law No. 27264 |
21-05-2000 |
|
Art. 179 |
REPEALED by theArticle 2 of the Law N° 31212 |
10-06-2021 |
|
Art. 188 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 188-To |
BUILT-in by the Article 2 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 196 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 197 |
REPEALED by the First Complementary Derogation of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 198 |
MODIFIED by the Article 1 of the Law N° 27994 |
06-06-2003 |
|
Art. 198 |
REPEALED by the First Complementary Derogation of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 199, in terms authorize the Judge to return the case to the Fiscal Agent for issuing opinion |
REPEALED by theArticle 106 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 199 |
MODIFIED by the Article 1 of the Law N° 27994 |
06-06-2003 |
|
Art. 199 |
REPEALED by the First Complementary Derogation of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 200 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 200 |
REPEALED by the Article 2 of the Law N° 27994 |
06-06-2003 |
|
Art. 201 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 201 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 202 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 202 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 202 |
EXPANDED by the Article 2 of the Law No. 27553 |
13-11-2001 |
|
Art. 202 |
MODIFIED by the Article 3 of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 203 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 203 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 203 |
MODIFIED by the Article 1 of the Law N° 27994 |
06-06-2003 |
|
Art. 203 |
REPEALED by the First Complementary Derogation of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 204 |
MODIFIED by the Article 1 of the Law N° 27994 |
06-06-2003 |
|
Art. 204 |
MODIFIED by the Article 3 of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 208 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 208 |
MODIFICADOpor theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 210, paragraph |
ADDED by theArticle 1 of the Decree Law No. 19030 |
12-11-1971 |
|
Art. 210, paragraphs |
ADDED by theArticle 1 of the Decree Law No. 19962 |
28-03-1973 |
|
Art. 210 |
SUSTITUI DO by theArticle 1 of Legislative Decree No. 125 |
15-06-1981 |
|
Art. 216 |
MODIFIED by theArticle 1 of the Law N° 28117 |
10-12-2003 |
|
Art. 217 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 219 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 219 , in the sense that they are eight calendar days if there is an inmate into prison, and twenty, and if it's not there |
MODIFIED by theArticle 107 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 219 |
MODIFICADOpor theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 220 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 220 ,in terms authorizes the Court to dispose of, alternatively, that the Fiscal rule on the merits of the process |
REPEALED by theArticle 106 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 220 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 220 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 221 |
MODIFIED by theArticle 1 of the Decree Law No. 20579 |
10-04-1974 |
|
Art. 221 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 222 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 222 |
REPEALED by theArticle 106 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 223 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-77 |
|
Art. 223 |
REPEALED by theArticle 106 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 225 , in the sense that it expresses the article 96, paragraph (4) of the D. Lgs. N° 52 |
MODIFIED by theArticle 107 of Legislative Decree No. 52 |
18-03-81 |
|
Art. 225 |
MODIFIED by theArticle 1 of Law No. 24388 |
06-12-1985 |
|
Art. 229, inc. 2 |
REPEALED by the Only Provision Repealing the Law N° 29360, current 1 January 2010 |
14-05-2009 |
|
Art. 230, in the sense that, in the cases referred to, if they were attributable to the Public Ministry, and will inform the Prosecutor of the Nation |
MODIFIED by theArticle 107 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 230 |
MODIFIED by theArticle 2 of the Law N° 24670 |
20-05-1987 |
|
Art. 230 |
REGAINING FORCE by the Sixth Disposal and Transient of the Law N° 24979 |
04-01-1989 |
|
Art. 232 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 238 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 239 , in the sense that it expresses the article 96, paragraph (4) of the D. Lgs. N° 52 |
MODIFIED by theArticle 107 of Legislative Decree No. 52 |
18-03-81 |
|
Art. 243 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 243 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 243 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 244 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 244 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 245 |
MODIFIED by the Article 1 of the Law N° 28117 |
10-12-2003 |
|
Art. 246 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 247 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 248 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 251 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 253 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 253 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 256 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 260 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 261 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 262 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 262 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 262 |
MODIFIED by theArticle 1 of the Law N° 28117 |
10-12-2003 |
|
Art. 262 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 263 |
AMENDED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 265 |
MODIFIED by the Article 3 of the Decree Law No. 19962 |
28-03-1973 |
|
Art. 265 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 266 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 266, in terms provides that it may replace the member of the Public Ministry at the discretion of the Court, the replacement will be as provided for in articles 22 and 92 of the D. Lgs. N° 52 |
MODIFIED by theArticle 107 of Legislative Decree No. 52 |
18-03-1981 |
|
Art. 266 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 266 |
MODIFIED by the Sole article of Law N° 28947 |
24-12-2006 |
|
Art. 267 |
MODIFIED by theFirst article of the Decree Law No. 17531 |
25-03-1969 |
|
Art. 267 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 267 |
MODIFIED by the Sole article of Law N° 28947 |
24-12-2006 |
|
Art. 267 |
MODIFIED by the Article 1 of Legislative Decree N° 983 |
22-07-2007 |
|
Art. 268, second part |
MODIFIED by theSecond article of the Decree Law No. 17531 |
25-03-1969 |
|
Art. 268 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 268 |
MODIFIED by the Sole article of Law N° 28947 |
24-12-2006 |
|
Art. 269 |
MODIFIED by theThird article of the Decree Law No. 17531 |
25-03-1969 |
|
Art. 269 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 269 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 269 |
MODIFIED by the Sole article of Law N° 28947 |
24-12-2006 |
|
Art. 271 |
MODIFIED by the Article 1 of the Law N° 28117 |
10-12-2003 |
|
Art. 279 |
MODIFIED by the Article 1 of the Law N° 28117 |
10-12-2003 |
|
Art. 283, paragraph |
BUILT-in for the Fifth and Final Disposal of the Law No. 27378 |
21-12-2000 |
|
Art. 284 |
MODIFIED by theArticle 2 of the Decree Law No. 20579 |
10-04-1974 |
|
Art. 285-A |
BUILT-in by the Article 2 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 285-B |
BUILT-in by the Article 4 of Legislative Decree N° 1206, current sixty days of its publication |
23-09-2015 |
|
Art. 286 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 286 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 289 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 289 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 290 |
MODIFICADOpor theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 290 |
MODIFICADOpor theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 291 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 291 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 291 |
MODIFIED by theArticle 1 of the Law N° 28117 |
10-12-2003 |
|
Art. 291 |
MODIFIED by the Sole article of Law N° 28947 |
24-12-2006 |
|
Art. 292 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 292 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 292 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 295 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 296 |
MODIFIED by theArticle 3 of the Law N° 12341 |
20-06-1955 |
|
Art. 297 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 298 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 298 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 298 |
MODIFIED by theArticle 2 of the Law N° 24670 |
20-05-1987 |
|
Art. 298 |
REGAINING FORCE by the Sixth Disposal and Transient of the Law N° 24979 |
04-01-1989 |
|
Art. 299 |
MODIFIED by theArticle 2 of the Law N° 24670 |
20-05-1987 |
|
Art. 299 |
REGAINING FORCE by the Sixth Disposal and Transient of the Law N° 24979 |
04-01-1989 |
|
Art. 300 |
MODIFIED by theArticle 2 of the Law N° 24670 |
20-05-1987 |
|
Art. 300 |
REGAINING FORCE by the Sixth Disposal and Transient of the Law N° 24979 |
04-01-1989 |
|
Art. 300 |
MODIFIED by the Sole article of Law No. 27454, apply retroactively |
24-05-2001 |
|
Art. 300 |
AMENDED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 301 |
MODIFIED by theArticle 2 of the Law N° 24670 |
20-05-1987 |
|
Art. 301 |
REGAINING FORCE by the Sixth Disposal and Transient of the Law N° 24979 |
04-01-1989 |
|
Art. 301-A |
BUILT-in by the Article 2 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 302 |
MODIFIED by the Article 2 of the Law N° 27115 |
17-05-1999 |
|
Art. 312 |
REPEALED by the Article 4 of the Law N° 27115 |
17-05-1999 |
|
Art. 313 |
MODIFIED by theArticle 2 of the Decree Law N° 20583 |
10-04-1974 |
|
Art. 313 |
REPEALED by the Article 4 of the Law N° 27115 |
17-05-1999 |
|
Art. 314 |
MODIFIED by theArticle 2 of the Decree Law No. 22633 |
15-08-1979 |
|
Art. 316 |
REPEALED by theArticle 3 of the Decree Law No. 22633 |
15-08-1979 |
|
Art. 317 |
MODIFIED by theArticle 2 of the Decree Law No. 22633 |
15-08-1979 |
|
Art. 317, second paragraph |
REPEALED by theArticle 1 of the Law N° 26773 |
18-04-1997 |
|
Art. 321, second paragraph |
ADDED by theSole article of Law No. 13695 |
23-09-1961 |
|
Art. 325 |
MODIFIED by theArticle 1 of the Decree Law No. 21895 |
03-08-1977 |
|
Art. 325 |
MODIFICADOpor theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 325 |
MODIFIED by theArticle 1 of the Law N° 24965 |
22-12-1988 |
|
Art. 326 |
MODIFIED by theArticle 1 of the Law N° 24965 |
22-12-1988 |
|
Art. 327 |
MODIFIED by theArticle 1 of Legislative Decree No. 126 |
15-06-1981 |
|
Art. 330 |
AMENDED by the Article 2 of the Law N° 29460 |
27-11-2009 |
|
Art. 331 |
AMENDED by the Article 2 of the Law N° 29460 |
27-11-2009 |
|
Title VII of the Book Fourth |
REPEALED OR AMENDED by theArticle 2 of the Law No. 25274 |
19-07-1990 |
|
Art. 345 |
REPEALED by theArticle 46 of the Law N° 24710 |
27-06-1987 |
|
Art. 346 |
REPEALED by theArticle 46 of the Law N° 24710 |
27-06-1987 |
|
Art. 347 |
REPEALED by theArticle 46 of the Law N° 24710 |
27-06-1987 |
|
Art. 348 |
REPEALED by theArticle 46 of the Law N° 24710 |
27-06-1987 |
|
Art. 349 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 350 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 351 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 352 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 353 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 354 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 355 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 356 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 357 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 358 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 359 |
REPEALED by article 45 of the Law N° 23506 |
08-12-1982 |
|
Art. 360 |
REPEALED by theArticle 1 of the Law N° 10221 |
02-08-1945 |
|
Art. 362 |
MODIFIED by theArticle one of the Decree-Law No. 18236 |
22-04-1970 |
|
Art. 362 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 364 |
MODIFIED by theArticle one of the Decree-Law No. 18236 |
22-04-1970 |
|
Art. 364 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
Art. 365 |
MODIFIED byArticle one of the Decree-Law No. 18236 |
22-04-1970 |
|
Art. 365 |
MODIFIED by the Article 1 of Legislative Decree N° 959 |
17-08-2004 |
|
|
|
|
|
|
|
|
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
NOTE SPIJ.-Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: articles 12, 325 and 326 of the Code of Criminal Proceedings is repealed tacitly by articles 2 to 6, 4th Final Disposition of the Law N° 27939.
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
(2) Act No. 1510.- Approving the projects of the Organic Law of the Judiciary and Law Notaries and the draft Code of Civil procedure.- Yearbook of the Peruvian Legislation.- Volume VI.- Pg. 51.
(2) Act No. 1510.- Approving the projects of the Organic Law of the Judiciary and Law Notaries and the draft Code of Civil procedure.- Yearbook of the Peruvian Legislation.- Volume VI.- Pg. 51.
(2) Act No. 1510.- Approving the projects of the Organic Law of the Judiciary and Law Notaries and the draft Code of Civil procedure.- Yearbook of the Peruvian Legislation.- Volume VI.- Pg. 51.
(2) Act No. 1510.- Approving the projects of the Organic Law of the Judiciary and Law Notaries and the draft Code of Civil procedure.- Yearbook of the Peruvian Legislation.- Volume VI.- Pg. 51.
(6) Act No. 8435.- Giving joys of retirement, dismissal, and montepío the officials and employees of the Public Administration, Maritime Terminal and dependencies tax.- Yearbook of the Peruvian Legislation.- Volume XXVIII.- Pg. 337.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: articles 79, 84 and 103 of the Code of Criminal Proceedings is repealed tacitly by article 135, 136 and 182 of the Legislative Decree No. 638
(*)NOTE SPIJ:
In the present edition of the Legal Standards in the Official Journal El Peruano, is said deligencias, and must say: proceedings
(2) Act No. 1510.- Approving the projects of the Organic Law of the Judiciary and Law Notaries and the draft Code of Civil procedure.- Yearbook of the Peruvian Legislation.- Volume VI.- Pg. 51.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: articles 79, 84 and 103 of the Code of Criminal Proceedings is repealed tacitly by article 135, 136 and 182 of the Legislative Decree No. 638
(3) Act No. 8002.- Prohibiting the use of explosive materials and substances toxic for fishing in the sea, rivers and lakes, which constitute a crime punishable by law.- Yearbook of the Peruvian Legislation.- Volume XXVII.
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 116, 117,118, 119 and 120 of the Code of Criminal procedure, repealed tacitly by the Art. 1 of the Decree Law N° 18978.
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 116, 117,118, 119 and 120 of the Code of Criminal procedure, repealed tacitly by the Art. 1 of the Decree Law N° 18978.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 116, 117,118, 119 and 120 of the Code of Criminal procedure, repealed tacitly by the Art. 1 of the Decree Law N° 18978.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 116, 117,118, 119 and 120 of the Code of Criminal procedure, repealed tacitly by the Art. 1 of the Decree Law N° 18978.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 116, 117,118, 119 and 120 of the Code of Criminal procedure, repealed tacitly by the Art. 1 of the Decree Law N° 18978.
ERRATA
Date of publication: 01-07-1981
SAYS:
... or at the request...
YOU SHOULD SAY:
... or request ...
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: the article 173 of the Criminal procedure Code is repealed tacitly by the Law N° 25825.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: article 174 of the Criminal procedure Code is repealed tacitly by the Law N° 25825.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: article 176 of the Criminal procedure Code is repealed tacitly by the Law N° 25825.
NOTE SPIJ.- According to the Office No 1306-2008-MP-1. FPP-ANDAHUAYLAS from October 18, 2008, the Prosecutor Mixed Upper Decentralized Andahuaylas and Chincheros, article 177 of the Criminal procedure Code is repealed tacitly by the Law N° 25825, which provides that the Chapter VII of Title V of the Second Book of the Code of Criminal Procedure, approved by Legislative Decree N° 638, will be in effect.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 176, 177, 180, 181, 182 and 183 of the Criminal procedure Code, are repealed tacitly by the Art. 2 of the Law N° 25825.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 176, 177, 180, 181, 182 and 183 of the Criminal procedure Code, are repealed tacitly by the Art. 2 of the Law N° 25825.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 176, 177, 180, 181, 182 and 183 of the Criminal procedure Code, are repealed tacitly by the Art. 2 of the Law N° 25825.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 176, 177, 180, 181, 182 and 183 of the Criminal procedure Code, are repealed tacitly by the Art. 2 of the Law N° 25825.
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
NOTE SPIJ
In the edition of the day 20-05-1987, the Official Journal El Peruano published Law No. 24670 in the form of incomplete, so he went back to publish the22 may 1987.
ERRATA
Publication date: 02-08-2007
In Article 1, which amends several articles of the Criminal procedure Code, approved by Law No. 9024:
SAYS:
“Article 251.- Examination of the witness
(…)
The examination of the witness under sixteen years of age shall be conducted by theJudgeon the basis of the questions asked by the Prosecutor and other parties. If it were considered that the interrogation of the minor is not detrimental to your emotional state, shall the examination proceed with the formalities laid down for the other witnesses. This decision can be revoked in the course of the interrogation.“
YOU SHOULD SAY:
“Article 251.- Examination of the witness
(…)
The examination of the witness under sixteen years of age shall be conducted by theDirector of Debateon the basis of the questions asked by the Prosecutor and other parties. If it were considered that the interrogation of the minor is not detrimental to your emotional state, shall the examination proceed with the formalities laid down for the other witnesses. This decision can be revoked in the course of the interrogation.“
ERRATA
Publication date: 02-08-2007
In Article 1, which amends several articles of the Criminal procedure Code, approved by Law No. 9024:
SAYS:
“Article 263.- Accusation complementary.
During the trial, and even before the indictment oral, the Prosecutor by a written accusation complementary, you can expand it by means of the inclusion of a new fact which has not been included in the written accusation in his opportunity to amend the legal description. In the same way, it shall be the Tax when it had omitted to decide in the indictment written about a fact or facts which have been the subject of instruction. In such cases, the Prosecutor must warn you, be the case, the variation of the appropriate qualifications. After listening to the parties, the board shall act with respect to the car ampliatorio of corresponding prosecution.
(...)”
YOU SHOULD SAY:
“Article 263.- Accusation complementary.
During the trial, and even before the indictment oral, the Prosecutor by a written accusation complementary, you can expand it by means of the inclusion of a new fact which has not been included in the written accusation in his opportunity to amend the legal description. In the same way, it shall be the Tax when it had omitted to decide in the indictment written about a fact or facts which have been the subject of instruction. In such cases, the Prosecutor must warn you, be the case, the variation of the appropriate qualifications. After listening to the parties, the board shall decide regarding self ampliatorio of corresponding prosecution.
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
NOTE SPIJ
In the edition of the day 20-05-1987, the Official Journal El Peruano published Law No. 24670 in the form of incomplete, so he went back to publish the22 may 1987.
NOTE SPIJ
In the edition of the day 20-05-1987, the Official Journal El Peruano published Law No. 24670 in the form of incomplete, so he went back to publish the22 may 1987.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 299 and 301 of the Code of Criminal procedure, repealed tacitly by the Law # 24712.
NOTE SPIJ
In the edition of the day 20-05-1987, the Official Journal El Peruano published Law No. 24670 in the form of incomplete, so he went back to publish the22 may 1987.
NOTE SPIJ
In the edition of the day 20-05-1987, the Official Journal El Peruano published Law No. 24670 in the form of incomplete, so he went back to publish the22 may 1987.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: 299 and 301 of the Code of Criminal procedure, repealed tacitly by the Law # 24712.
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: articles 12, 325 and 326 of the Code of Criminal Proceedings is repealed implied, is made as per the article 2 to 6, 4th Final Disposition of the Law N° 27939
NOTE SPIJ.- Using Craft Multiple No. 044-2009-MP-FN-OAJ of the January 20, 2009, the Office of Legal Counsel of the Public Ministry, reaches the following information: articles 12, 325 and 326 of the Code of Criminal Proceedings is repealed implied, is made as per the article 2 to 6, 4th Final Disposition of the Law N° 27939
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
(2) Act No. 1510.- Approving the projects of the Organic Law of the Judiciary and Law Notaries and the draft Code of Civil procedure.- Yearbook of the Peruvian Legislation.- Volume VI.- Pg. 51.
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
(4) Political Constitution of the State.- Yearbook of the Peruvian Legislation.- Volume XXVI.- Pag. 395.
(7) Law No. 7479.- Emergency law.- Yearbook of the Peruvian Legislation.- Volume XXVI.- Pg. 5.
(8) Act No. 8505.- Social defence and Internal Security of the Republic.- Yearbook of the Peruvian Legislation.- Volume XXIX.- Pg. 36.
(1) Law No. 4868.- Penal code submitted by the Commission, established by Act No. 4460.- Yearbook of the Peruvian Legislation.- Volume XVIII.- Pg. 107.
(5) Law No. 4019.- Approving the Code of Proceedings in Criminal Matters.- Yearbook of the Peruvian Legislation.- Volume XIV.- Pg. 19.
ING 
ESP