Congress approves commission for new Penal Code, generates criticism from CAL.

At the end of the recent legislature, the Congress of the Republic approved, in a second vote, the creation of a Special Multidisciplinary Commission tasked with drafting a new Penal Code. This decision, which builds on the work of previous commissions, has sparked extensive debate within the legal and political spheres of the country. The new commission will be chaired by a representative from the Justice Committee and will include one member from each parliamentary group. However, the reaction has been swift, with one of the most critical voices being that of the Lima Bar Association (CAL). The CAL has expressed its opposition to Congress taking on the responsibility of legislating on such complex matters as the Penal Code. In a statement, the association emphasized that the task of developing a new penal framework should be entrusted to a group of experts, rather than to congress members who may be influenced by temporary political interests. The CAL's argument is based on the need for a technical and specialized approach that ensures the quality and effectiveness of the legislation. "A new Penal Code cannot be directly entrusted to the congress members of the Republic," they stressed. This statement highlights concerns about Congress's ability to tackle such sensitive legislation, suggesting that a reforming commission should consist of distinguished jurists from various fields, both public and private. This approach would ensure a plurality of perspectives and alignment with the principles of a democratic and social rule of law. Among the CAL's most critical observations is the need for the new Penal Code to be a coherent and systematic text that clearly regulates crimes and penalties. Additionally, they pointed out that it must comply with the standards set forth in international human rights treaties, commitments that Congress has at times shown an intention to ignore. This disconnection could lead to serious repercussions for the respect of citizens' fundamental rights. The CAL has proposed that once the reforming commission completes its work, the resulting project should be subjected to an open and transparent debate in Congress. This process would allow civil society and legal experts to participate in the construction of a Penal Code that truly reflects the needs and realities of the country. "The quality of the final text must be guaranteed," they asserted. The recent approval of amendments to the Penal Code by Congress has also alarmed lawyers. In particular, they expressed concern over changes related to organized crime and the criminalization of judicial exercise through the crime of prevarication. According to the CAL, these reforms are being carried out in a disorganized manner and without a clear focus, which, instead of strengthening the justice system, is weakening it. The impact of these modifications has already begun to generate distrust among citizens towards state institutions. The CAL warned that a justice system that does not operate under clear and coherent principles could lead to greater impunity and corruption, thus affecting the integrity of the rule of law. By making these changes without due consideration, Congress may be sowing the seeds of social discontent. The CAL's position is clear: the reform of the Penal Code must be part of a comprehensive and well-structured public policy. They urged authorities to not only listen to experts but also to the citizens, who are the primary stakeholders affected by legislative decisions. Collaboration between the guild and the government presents an opportunity to build legislation that meets international standards and the needs of the country. As this debate unfolds, it remains to be seen whether Congress will take into account the recommendations of the CAL and other actors in the legal field. The construction of a new Penal Code is a challenge that requires a broad and participatory approach, capable of providing adequate responses to a complex and changing context. The responsibility lies not only with legislators but also with those who have the duty to defend and promote the rule of law in Peru. Thus, the future of the country's penal framework remains uncertain, while there is hope that the voices of the CAL and other experts will be heard, in the hope that the reform will result in a fairer and more efficient system, aligned with the demands of a constantly evolving country.