The Public Ministry has at all times shown its willingness to participate in flagrante delicto units, but the lack of budgetary resources does not allow it to participate in all the fiscal districts in which the Judiciary ordered the creation; that is, in Central Lima, North Lima, East Lima, South Lima and Sullana, a fact that also occurs with other institutions such as the National Police and the Public Defense.
In response to the request made by the presidency of the Council of Ministers where they urge that the Prosecutor’s Offices commit to the operation of the flagrante delicto units. The head of this autonomous constitutional body of the State has shown its willingness to be part of said work plan, however, it requires budgetary resources, which are being managed by the National Implementation Commission, before the Ministry of Economy and Finance. (MEF), without having received comprehensive coverage.
As is known, the creation of flagrante delicto units in the country is carried out by the National Implementation Commission, made up of the Judiciary, with the participation of the institutions of the criminal justice administration, the Public Ministry, the National Police and Ministry of Justice and Human Rights, through the Public Defense.
Thus, as part of the meetings held to date, in a session held on March 14, with the participation of the President of the Judiciary, the Minister of Justice and Human Rights, the Prosecutor of the Nation, the General Commander of the National Police of Peru and the General Director of Public Defense and Access to Justice, who, unanimously, maintained the need to have budgetary resources for this purpose, which are being managed by the indicated Commission, before the Ministry of Economy and Finance (MEF), without having received since that date allocation of resources for the comprehensive coverage of the Flagrancy Units.
The presence of the prosecutor in the flagrante delicto units without the presence of the National Police with a criminalistics unit, nor the necessary experts, would not be effective for the investigative work that concerns the Public Ministry, since both institutions develop coordinated action for the clarification of the facts.
It should be noted that the attention in the Flagrancy Units does not apply to all those detained in flagrancy, as established by the Interinstitutional Action Protocol of the Flagrancy Units, since the jurisdiction of the judicial and fiscal bodies of these units does not extend to cases that correspond to specialized courts and prosecutors, such as: violence against women, human trafficking, organized crime, corruption of officials, money laundering, among others.
Likewise, the prosecutor, within his function of prosecuting the crime, may require the judge to apply the immediate process, but also apply the principle of opportunity and reparatory agreements, as alternative solutions that are faster, more effective and less onerous for cases of crime. arrested in flagrante delicto for less serious crimes (which record the highest number of detainees in flagrante delicto, for example, driving while intoxicated).
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– 2024-04-21 08:25:02
