The
Peruvian Public Ministry has submitted a bill to Congress to grant autonomy to the head of the Attorney General's Office when filing a claim of unconstitutionality.
To that end, an amendment to Article 98 of the Criminal Procedure Code has been proposed.
The amendment states that the power of the Public Ministry's head to bring said actions is conditioned on the compliance with a particular requirement.
The current text indicates that the Attorney General may file a claim of unconstitutionality, as long as there is a prior agreement of the
Board of Supreme Prosecutors.
For its part, the bill presented by Attorney General Patricia Benavides indicates that the head of the Public Ministry can bring the claim directly, without having to meet other requirements.
Current text
The aforementioned article of the current law provides that the Judiciary Chair can also file a claim of unconstitutionality, but with the prior consent of the Plenary Chamber of the Supreme Court of Justice.
The President of the Republic may also bring such an action, with the approval vote of the Council of Ministers.
The purpose of the legislative initiative is to maintain the normative hierarchy that the Constitution grants to the Attorney General, as well as the autonomy.
(END) FGM/RMB
Published: 2/12/2023