BALANCE AND PERSPECTIVE OF THE NEW CODE OF CRIMINAL PROCEDURE
By: EdhĂn Barranzuela Campos (1)
By: EdhĂn Barranzuela Campos (1)
This first of April, commemorates a year of the New Criminal Procedure Code in Districts Judicial Tumbes, Piura and Lambayeque and simultaneously on the same date will take effect in three districts, including San Martin, Amazonas and Cajamarca and consequently added sixteen Judicial District where the NCPP is in effect, missing only eight districts, where is the great Lima.
In this sense corresponds to perform an initial assessment of their shortcomings and benefits and what better than the legal operators to better concept on its imminent entry into force nationwide. Undoubtedly, the NCPP has been transforming old structures inquisitive procedural system is punitive and giving way to a new culture guarantees, according to the new wave of criminal procedure in Latin America.
Initially most legal practitioners, be it judges, prosecutors, lawyers and police were a little worried and nervous about the coming of the judicial reform, as they wondered, that will change in the procedural paradigm?, Is able to change mentality of the litigious culture the culture of compensation agreements or opportunity? Will there be more security in the previous hearings and public trials in criminal proceedings? and this reform will reduce the high rates of crime that exists in our society, "these were some of the questions that were made in the corridors of the judiciary, the Public Ministry, Ministry of Justice, the Bar and Delegations police.
With the launch of this new criminal procedural law, has allowed more expeditious court proceedings, because the causes are shorter and is conducted with all constitutional guarantees of effective judicial protection, right to defense and due process because we must not forget that the current prison situation has led to the largest number of processors, have the legal status of defendants, which sentenced.
in the judicial districts where the NCPP is in effect, to name one example, the rate of crime, but has not declined significantly, the approval of the criminal justice system has achieved the recognition of the population who feel that this new process model, there is a better procedural safeguards, is why it is necessary to deepen the reform to judicial trials are fast and have a fair sentence, because we must not lose sight of this new criminal procedure system is characterized because there is a clear division of functions, by the Ministry of Defense and the Public Ministry, reinforcing the adversarial principle, through oral tradition, the contradiction, immediacy and advertising, as well as reinforcing the principle of judicial impartiality, the judge Research Judging School or Sole should undertake to resolve the court case, without trying to replace the parties.
NCPP Another positive aspect is that with its implementation, reports of corruption has been reduced to zero, as the faults and complaints against judges and the transparency of the process is constantly ongoing, which is why it is call on the authorities relevant for immediate entry into force nationally and to fight together against crime and organized crime.
__________________ (1) Criminal Justice Talara Sole Proprietor, Master, Doctor in Law from the Universidad Nacional de Piura, Bachelor of Social Communication Sciences and University Professor.
SOURCE OF SCIENCE INSTITUTE OF CRIMINAL
http://www.incipp.org.pe
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