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Peruvian criminal proceeding law

Publication at Faculty of Law |
2017

Abstract

The article focuses on the legal regulation of criminal procedure in Peru, where three criminal procedural codes are in force at the same time. It focuses mainly on the legal regulation of the last one - the Criminal Procedure Code of 2004.

The article deals with both the legal regulation of standard criminal proceedings and the legal regulation of some of the special proceedings - the private prosecution in the case of private crimes, plea-bargaining, the procedure based on the principle of opportunity, which can be basically compared with the Czech institute of the conditional suspension of criminal prosecution and the victim-offender agreement. There is a possibility for the offender and the victim to participate in an extrajudicial conciliation process and their agreement (if there is one) is considered in the judgement.

The Peruvian criminal proceeding raises from the Continental legal traditions because of the influence of Spanish law, so it is similar to the Czech criminal process; the main difference consists in the existence of the examining magistrate and the private prosecution.