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INDEPENDENCE OF JUDICIARY THE CHALLENGE IN QUESTION

About practice law. Law students. And in general all the citizens who possess a crystal culture, we know that the power to administer justice emanates from the people and exercised by the judiciary through its hierarchical organs under the Constitution and the law (Article 138 first paragraph our Constitution). Also the art. 2 of the Consolidated and Order of the Judicial Power Organic Law stipulates that the Judiciary is independent functional exercise in political, administrative, economic, disciplinary independent in court, subject to the Constitution and the aforementioned law and art. 184 of the Organic Act in question, said the duties of judges incs. 1, 2 and 3.

It is also essential that marks the art. 139 of the Constitution which says, are principles and rights of the judicial function "inc 2 the independence of the judicial function."
That being so before the bombshell this week, that the Third Special Anti-Corruption Board Superior Court of Lima, has decided to vary the extent of personal coercive detention, that of comparescencia with the restriction arrest the accused Romulo Leon Alegria, we wonder, if the lords justices of that Upper Room, have worked to make its decision taking into account the rules before and above all be glossed acted independently ? will primacy the Constitution and Laws ? "will come to light his conscientious approach fair and transparent? have been taken into account the fundamental human right which marks the inc. 2 of art. 2 of the State Constitution which states that everyone has the right to equality before the law ?.

These and many other questions is what is making the people with this unusual and unique judicial decision. What's more, he wonders, will do well in this branch of the State, this decision ?. Most people said that this variation of the detention to house arrest the accused mentioned above, it does no good to the operators of the administration of justice. Unlike harms not only confirms that not given a true administration of justice, but confirms and corroborates that there is no equality when the judges make their judgments. In other words, it develops a management elitist justice, taking into account the economic power, social relations, political relations and other exogenous factors, which only ever lose more credibility and confidence of the people towards the Judiciary.

That so far the people are asked what are the grounds on which two of the three judges who make up this room voted for change of custody to house arrest? Because it is public knowledge as the defendant in question had escaped and made only after several days right after allegedly having negotiated his surrender. Suspicions and facts that put in question the independence of the judiciary, which as you know public opinion is now being dominated by operators of the right-leaning APRA, and even more with the President of the Superior Court APRA, as he himself has stated on numerous occasions .

will have been done independently by the Upper Chamber ?, You thinks .. What is your opinion?. Surely there will be different answers. Some are in favor and others against this ruling. But the truth is that for us has not acted with due independence from the lords justices, but, there is a subtle political pressure, being in the background and discipline that is imperative within the ruling party. Furthermore the Board has resolved this measure consists of a sitting superior, and the other a temporary and an alternate, more plausible factors that make the perception that there has been political pressure on these judges, taking into account that the President of Superior Court is who appointed temporary judges and alternates, depending on him and only him his tenure. Explains why this decision because of having been made this room for three Board Members, we are confident that another would have been the song as some songwriters and we would not see that the judiciary instead of being reassessed for their independence and impartiality, will increasingly losing respect and credibility.

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The Denaturation of the taking of Confrontation

The 13l Article 130 and the Code of Criminal Procedure, 1940, in force even here in Lima, as in some other parts of the country, which is not yet in force the new Code of Criminal Procedure, 2004 provides for the taking of confrontation at the request of the representative of the Public Prosecutor or the accused, and trade respectively. And confrontation or confrontation as LLE is also called, where the litigants, accused to victim, have to be face to face in court. The logic of the principle of immediacy, this hearing should be in the Department of Justice, headed by himself. Then he should proceed to read the cautionary statements and instructuva respectively. And then compare them on existing discrepencias. Should and must relate to questions of the Director of contradictory points about the process. Only that the contradictions that are timely and well-known. Two or three or four prgeuntas period. Because all is said both the preventive and the instructive. And necessarily and inevitably has to be the Provincial Prosecutor, and the parties and their lawyers. This should be so. This is ladiligencia of confrontation, to clarify the differing points. But in practice, what happens?



happens that the coach is not in the Office of the Judge. And sometimes he even the Examine the parties. Neither sees. Front passed to the clerk's office, and this is who makes this important care. Here is where it fails to comply. It distorts the procedural. Why. For as the Provincial Prosecutor, is not present, have to call him. Then the auxiliary court said: The prosecutor is coming, and told to go forward, and crack the problem here, when you have the experience and the suitability of the case.

When you do not have the personality required. Lawyers for both resiliency and / or unfamiliarity with the consent of the Secretary destroy this hearing. And they take one or two Horta, because it elucidates the contradictions, but will return to ask questions that relate to a preventive and / or instructive. Ie lawyers asked subjects who forgot to do in the measures mentioned above. And when a lawyer who knows your stuff, requests the Secretary that adheres to lascontradicciones, bother, and emprampa diligence. It is requested that comes the judge. And there the clerk with Judge antagonizes the lawyer who dared to bring order and claim that this proceeding is denatured. And if the judge is not suitable, also falls into the same. And instead of calling attention to secretary, and ordered the coach, was undertaken with the claimant's attorney. Unfortunately, lately the quality, suitability of some judges and some auxiliary judirisdiccionales leave much to be desired. Has lowered the quality a lot. So the Peruvian Penal Process delay expands, ankylosing, with consequent damage to the litigants. WHAT IS THE SOLUTION. That real reform is undertaken within the judicial support staff, and judges, and good to be put into effect here in Lima to the new Criminal Procedure Code, which is acusatario, guarantees and oralization advcrsativo and dominated in all proceedings intra process.

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of court clerks peace courts

happens in daily bustle of the lawyers who litigate, we find some judges and some court staff who are more Catholic than the Pope. And apply the law as they see fit. Sometimes carried by visceral motivations (with the liver) that high standard that must be the delicate task of admistrar justice.

analysis. In the Fourth Magistrate's Court Counsel of Villa Maria del Triunfo, by disqualification of a secretary, and manifest partiality and the grounds contained in Article 307 of the Civil Procedure Code, applicable in criminal cases additionally mandated by the first supplementary Adejetivo Code cited above, we have arbitrarily imposed the penalty of a fine , supposedly for having offended the cursor. Having suspended without being notified of any pre-emptive warning, saying that we have violated Article 109 of the prior mencionadp legal body. But more unusual is that the judge in one of its reasons for its irritating resolution, said that the grounds for recusal are contained in Article 29 of the Code of Criminal Procedure. But are these grounds are application to the judges, having the power to decide them, and not for the court officers. But without being notified the previous warning, which is an excess, an unconscionable abuse of authority that undermines the MINISTRY OF DEFENCE, even more than as appears from the letter of objection, has not produced any offense or has disrespected the secretary mención.Se sanctions we have invoked only the cause contained in the inc. 1 paragraph 307 of the Code of Civil Procedure: close friend or enemy is manifest either party, as evidenced by unequivocal facts. Again this is an abuse. An attempt on the Rights of Attorney contained in the inc. 8 of Article 289 of the Consolidated Text and Order of the Judicial Power Organization Act. In this regard we have appealed this decision siungular. You are now in the Mixed Court. A let's see how it resolves the excess court.