Debate in Peru over amendment of the Criminal Procedure Code and its possible unconstitutionality.

The recent approval of the bill that amends the Criminal Procedural Code to allow the National Police of Peru (PNP) to lead preliminary investigations into crimes has sparked an intense and polarized debate in the country. There is a consensus among experts and the Supreme Prosecutors’ Board that this measure could be unconstitutional, prompting influential voices, such as that of Congress President Eduardo Salhuana, to express serious reservations about the regulation. In an interview, Salhuana did not hesitate to point out that Article 159 of the Constitution clearly states that the conduct of investigations is exclusively the responsibility of the Public Ministry. According to him, this point opens the door to the possibility of unconstitutionality that could be reviewed by the Constitutional Court or even vetoed by President Dina Boluarte. Salhuana's warning underscores the seriousness of the situation, considering that the reform could interfere with the fundamental role of the Public Ministry in prosecuting crime. The issue has generated an atmosphere of uncertainty and distrust among the population, which already faces significant challenges in terms of security. Although the modification is argued from a perspective of efficiency and crime fighting, many wonder if the PNP is truly prepared to take on this new responsibility. Salhuana stressed the need to strengthen the police institution by providing it with the necessary logistical and human resources to carry out such a significant task. Historically, the PNP has had moments when its role in criminal investigation was more active; however, its current state raises doubts about its operational capacity. Many citizens question whether a redistribution of functions is the appropriate solution or if it is preferable to invest in strengthening the existing system. In this regard, Salhuana emphasized the importance of ensuring that the national budget reflects this urgent need for improvement before the end of the year. Additionally, the Congress President addressed other topics of public interest, such as the situation of the new cabinet ministers. When asked about controversies surrounding certain officials, Salhuana expressed confidence that they would clarify any doubts regarding their suitability and performance, considering that transparency is a crucial element in public management. The stability of the cabinet is another aspect that Salhuana considers vital for the functioning of the state. According to him, frequent ministerial rotations can negatively affect the continuity and effectiveness of public policy implementation. With an already tumultuous political environment, any abrupt change could generate distrust and affect the interinstitutional collaboration necessary to tackle the country’s most pressing issues. Amid this scenario, the potential return of investigative powers to the PNP has also raised concerns about conflicts of interest and the lack of clarity in the distribution of responsibilities among the different state institutions. The lingering question is how to ensure the independence of investigations in a context where the PNP could be pressured by political interests. On the other hand, Salhuana also touched on the issue of the lifelong pension of former President Alberto Fujimori and the recent approval of investigative powers for the Oversight Commission, emphasizing the need for these inquiries to be conducted transparently and in accordance with the law. The public expects clear and decisive answers on these issues that have been on the public agenda for years. As the country delves into this debate, pressure for the Executive to make clear and decisive decisions is increasing. The possibility that the reform may be vetoed by President Boluarte could be a step towards containing social discontent and seeking a more stable and less contentious path in the judicial and police realms. In conclusion, the recent amendment to the Criminal Procedural Code represents not only a change in the legal framework but also a significant challenge for governance and public trust in institutions. The situation demands careful analysis and open discussion that considers all facets of the issue, ensuring that any final decision prioritizes justice and the well-being of the citizenry.