Peruvian Criminal Procedure Code: Stage of Transition

MODEL OF THE MODEL PENAL inquisitorial criminal accusatory NATIONAL POLICE ARE IN A PROCESS FOR TRAFFIC WITH THEIR NEW ROLES IN THE INVESTIGATION OF CRIME. The model has been replaced inquisitorial criminal in Peru for a new model called adversarial progressively implemented with the new Criminal Procedure Code of 2004, according to a predetermined schedule, replacing the former Code of Criminal Procedure, 1940. Inquisitorial criminal model takes its name in reference to the Court of the Inquisition. In the Court of the Inquisition (1519), Judge, is that complaint, complaints, rumors, starts the process of trade, is dedicated to finding the evidence, examine witnesses, keeps everything secret. No accused person is arrested and placed in a dungeon. The accused was subjected to arbitrary and authoritarian processes, where his fate was decided in advance, and where the judges, with inhuman cruelty, had a show trial to finish delivering the first inmate to torture to extract a confession and then to the death at the stake in case you do not confess their crimes, whether as a result of torture they confessed, the death penalty was changed to the gallows, that is: "if or whether the death penalty was saved the accused ?.

In the modern inquisitorial criminal model somewhat following this trend, all system operators generally make common cause with the same assumption made incriminating the defendant, this starts since the crime attributed to a person being investigated by the police who by all means try to find the person's confession and the evidence of their direct link with the events under investigation, to justify his arrest which he considers a major achievement in its task of investigating the crime. In this way a police affidavit prepared and placed in custody as the person or persons involved in the crime, which endorses the Duty Prosecutor who filed a criminal complaint with reference to the police investigation and the evidence taken by police to as criminal charges against alleged perpetrators of the crime or the accused persons that have been made available to them as detainees by the police. Criminal Judge, issued an order instituting the examining phase instruction to investigate the defendant in court, taking as basis the fiscal report and the police acted, confirming in most cases the legal status of detainee implicated or involved.

During the inquest, the judge may order some other tests of office, to get a reliable way to determine the criminal liability of the defendant and so comes at the time of sentencing, crucial time for the administration of justice, as motivated by the model inquisitive, the real conviction of Criminal Justice will be to convict, which may vary for different reasons. Since 1922, produced the first major police reform in Peru, the police investigation of the crime has been guided by this model inquisitorial criminal, ie, police have prioritized the testing of the confession as the main way to get to the conviction the suspect of committing a crime is actually the author. Overcoming many of its procedures such as "stop to investigate," now stops when a person has evidence and sufficient evidence to determine what is alleged perpetrator. But in the new accusatory model, all these procedures have changed, the adversarial model is the guarantor that is totally oriented to full respect for human rights of persons accused of committing a crime. In the new model of criminal procedure, police do not investigate crimes in the traditional way as it has done, crimes are investigated by the Prosecutor (Preparatory Research Phase) with the support of the National Police but this time under the influence of the accusatory model which brings a new language in terms of procedure and evidence, and if the prosecutor determines that there is sufficient evidence to conclude an indictment against the accused filed a charge and if in breach concludes that the evidence does not responsibility to request the dismissal (Intermediate Stage).

Once the indictment, the case will move to a new judge who will be in charge of the prosecution and the imposition of punishment (Stage of Judgement).