The Criminal Procedure Reform in Peru: Breaking the Mould, Conquering Goals and Facing Pending

Abstract

This paper analyzes the changes and contributions that the criminal procedure reform proposes and exposes the achievements and limitations subsequent to its implementation. The criminal procedure reform proposes different changes, such as, a greater emphasis on the accusatory, new roles for the operators of the justice system, speed of the process, allow the de-judicialization of the causes, among others. In effect, these changes derive from the objectives of reform: the reordering of the criminal prosecution system, pursuing the ideal of rapid and fulfilled justice, favoring the right to defense and guaranteeing respect for fundamental rights. After the implementation of the procedural reform in Peru, the first results are registered, among which are the faster processes, the reduction of the procedural burden, the positive impact on the prison system and population, advances in the training of justice operators, the greater reliability in the criminal procedure system, positive changes in the generation of information and the greater approach of prosecutors to peasant communities. However, there are aspects that should be better. The implementation of the criminal procedure reform shows problems such as this is still an isolated process; the lack of a State criminal policy and one of institutional strengthening of criminal justice entities; there is no real change of mentality in the justice operators; there is a lack of a central and solid leadership in the management, monitoring and control of change, as well as an adequate and modern management and organization within the institutions of the justice system; among other. Finally, it is worth highlighting the technical problems presented by the implementation of the reform, such as infrastructure problems, deficiencies in the technological system, administrative problems, lack of improvements in the administrative system, among other things.