New Code of Criminal Procedure of Peru: the role of National Police

To train the national police for efficiently meet the new role assigned to the new model of criminal procedure By: Hugo Muller - mullerabogados@hotmail.com

THE POLICE HAVE NOT LOST THEIR ROLE OF RESEARCH .... BUT PLEASE CAPACITENLA to turn their RESEARCHERS IN POLICE SCIENCE!. Cops are not lawyers to interpret the law or legal terminology in the same level as the Judges and prosecutors do, it is true that the NCPP in Article 67 et seq refers to the "Role of Police Investigation?, but do not use ambiguous forms to try to" cover the sun with a finger, "the function research referred to the NCPP, are actually acts of the Police performs research in support of the prosecutor in the case. Because she is afraid to tell the police that the new model of criminal procedure requires a change of mentality and methodology, in line with new trends and ideological currents within which requires substantial reform of the justice , including the National Police and that this has to amend its methodology, ways and means of intervention against crime because now the head of the research is the OTP. In this new context, the stage of the police investigation of crime, no longer exists. We know there are suspicions and doubts, police also conservative and certainly those who believe that the new model is almost accusatory impossible that it could be implemented throughout Peru, much less in Lima, because prosecutors can not investigate the crime of the same So it has been doing the Police.

We say this because we do not see the interest of the Police Command to change structures, processes, culture and organization to adapt to new forms required by the new model of criminal procedure, however, that since 2006 has APNO started its implementation in Peru, much less to raise legislative proposals if deemed necessary could be taken into account to make changes that apply, nor there is interest to train police with the new role assigned to it, much less to form the Scientific Police (You have to make a reingernieraia to restructure the Police Department for criminal investigation, justice support, support for prosecutors and Criminalistics, to form the scientific police or judiciary). In both places where it is implementing the new model of criminal procedure, the National Police is adapted to the new model in its own way, without further training or changes in the way of thinking or acting, believing in most cases that the Attorney is usurping their functions. The truth is that I have spoken about is not to say that the investigation of crime as traditionally understood the police and has no reason to be on the field level police because the police investigation of crime no longer exists and can not formally incorporated into criminal proceedings, nor is there a stage of preliminary investigation of crime by the police, having been established only the existence of three-stage process consisting of: the preliminary investigation stage, intermediate stage and trial stage, being that within the first these are included a performance of "preliminary hearing? they are acts of criminal investigation by the Prosecutor but with support from the National Police may act ex officio or at the request of prosecutors.

This is where the Police meets its so-called "investigative functions?, Leaving the Record of the proceedings made and prepared a police report where you can make an analysis of the facts but" abstaining from legal classification and allocate responsibilities "( Section 332, subsection 2 of NCPP), ie, in the new accusatory system, the police can not legally qualify the crime, much less determine alleged responsibilities of the author or authors. No one has removed the police functions is true, is the ideological and doctrinal thinking guarantees, which has changed the procedures by another inquisitive accusatory, this new model Police continues to support justice, but in different ways and must adapt the new ideology and current regulatory procedures. Not that the crime investigation bodies of the National Police did not have a significant role in the new model of criminal procedure, on the contrary, but require updating, modernizing, because the new system requires a technical and forensic police, but not given these assumptions, not being properly trained, not create new structures, not analyzed their involvement in the new model, not timely adjust their participation in the new tasks assigned to it, is not actively participating or reliable at this stage of transition where progressively since 2006 and is implementing the NCPP.

Those responsible for errors and omissions being committed are obviously the Special Commission to implement the new Criminal Procedure Code, the Committee on Interior Sector, the same Sector Interior and the Directorate General of National Police of Peru. It's time to make decisions.