Juan Brignardello Vela
Juan Brignardello, asesor de seguros, se especializa en brindar asesoramiento y gestión comercial en el ámbito de seguros y reclamaciones por siniestros para destacadas empresas en el mercado peruano e internacional.
The Plenary of the Congress of the Republic has recently approved, in a second vote, a bill that modifies the Criminal Procedure Code, allowing the National Police of Peru (PNP) to take charge of preliminary investigations into crimes. This measure has sparked extensive debate in the legal and political spheres, with critical voices warning about the possible unconstitutionality of the regulation. Among the opponents of this change is the Board of Supreme Prosecutors, which has expressed its rejection of the law, arguing that it contravenes what is established in the Constitution. The President of Congress, Eduardo Salhuana, has not shied away from the controversy and has expressed his concern regarding the legality of the modification. In statements to Canal N, Salhuana mentioned that Article 159 of the Constitution clearly establishes that it is the Public Ministry that must conduct investigations. This argument highlights a possible contradiction between the new law and constitutional principles, which could pave the way for legal actions before the Constitutional Court. Although Salhuana acknowledges that the regulation is not entirely new, as in the past the PNP had a more active role in investigations, he emphasized that the current state of the police is concerning. "We all know that the Police are not at their best," he stated, suggesting that before granting new responsibilities, it is essential to improve the operational and logistical capacity of the institution. To this end, he pointed out the need for the national budget to reflect these reinforcements before its approval at the end of this year. The issue of public management has also been present in Salhuana's statements. He expressed confidence that the new ministers in the cabinet will clarify any controversies that arise regarding their appointments, such as the case of the Minister of Housing, Durich Whittembury, and the Minister of Foreign Affairs, Elmer Schialer. These officials have faced scrutiny due to their links to controversial situations, but the President of Parliament expressed his belief that they will act with the necessary transparency to refute any accusations. In a context where the frequent rotation of ministers can affect government performance, Salhuana emphasized the importance of stability in public management. He asserted that continuity in public policies is essential to ensure harmonious functioning of institutions and adequate attention to the country's problems. Regarding the current situation of the PNP, Salhuana also addressed the issue of potential conflicts of interest that could arise from this new law. By presenting an investigative system in which the police assume functions traditionally belonging to the Public Ministry, the risks of interference and abuse of power become evident, creating a climate of distrust in the administration of justice. The approval of this bill not only has legal implications but also raises questions about the effectiveness of security institutions in the country. The lack of resources and trained personnel in the PNP is a concern that has been repeated on various occasions, underscoring the need for institutional strengthening before expanding its competencies. Amid this scenario, public attention is focused on how authorities will respond to warnings about the unconstitutionality of the regulation. President Dina Boluarte has the authority to veto the law, which could lead to a new debate in Congress and further scrutiny by legal experts. Finally, in the context of the discussions about the powers of the PNP, Salhuana also referred to other ongoing investigations, such as the one related to Alberto Fujimori's lifetime pension. He reiterated the importance of conducting all inquiries with transparency and in accordance with the law, highlighting that credibility in the judicial system is fundamental for citizen trust. In conclusion, the recent change in the Criminal Procedure Code has triggered a series of reactions ranging from concern about the constitutionality of the regulation to the need for an internal restructuring of the PNP. As the debate progresses, it is clear that public management and the administration of justice in Peru face significant challenges that require a thoughtful and coordinated approach.