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«POLITICAL CONSTITUTION OF PERU 29 December 1993 Translation by PETER B. HELLER Based on the Official Edition of the Constitution Published by the ...»

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3. To apply the sanction of dismissal [destitución] to members of the Supreme Court and Senior Prosecutors and, at the request of the Supreme Court or of the Board of Senior Prosecutors, to judges and prosecutors at all levels, respectively. The final decision, the reasons for which are explained at a prior meeting with the interested party, is unchallengeable [inimpugnable].

4. To issue to the judges and prosecutors the official warrant that accredits them.

Article 155 The members of the National Council of the Magistracy, in accordance with the law on

the subject, are as follows:

1. One elected by the Supreme Court in secret balloting in plenary session.

2. One elected in secret balloting by the Board of Senior Prosecutors.

3. One elected by secret balloting by members of the Bar Association.

4. Two elected in secret balloting by the members of the other national professional colleges, in accordance with the law.

5. One elected in secret balloting by the rectors of national universities.

6. One elected in secret balloting by the rectors of private universities.

The number of members of the National Council of the Magistracy may be expanded by the latter once more, with two additional members elected in secret balloting by the Council itself from among slates proposed by the representative institutions of the labor and management sectors.

The titular members of the National Council of the Magistracy are elected, jointly with the alternates, for a period of five years.

Article 156 To be a member of the National Council of the Magistracy, the same requirements apply to be a member of the Supreme Court, except for what is provided in clause (4) of Article

147. The member of the National Council of the Magistracy enjoys the same benefits and rights and is subjected to the same obligations and incompatibilities.

Article 157 The members of the National Council of the Magistracy may be removed for grave reason following a vote approved by two-thirds of the legal number of members of the Congress.

Chapter X Concerning the Public Ministry Article 158 The Public Ministry is autonomous. It is headed by the country’s Public Prosector. The Public Prosecutor of the Nation is elected by the Board of Senior Prosecutors. The term of the Public Prosecutor of the Nation is three years; it may be renewed through reelection for only two additional years. The members of the Public Ministry have the same rights and prerogatives and are subject to the same obligations as those of the Judicial Power in their respective categories. They are subject to the same incompatibilities. Their appointment is subject to identical requirements and procedures as those applying to members of the Judicial Power in their respective category.

Article 159

The following are the duties of the Public Ministry:

1. To initiate automatically, or following petition by one party, judicial action in defense of the legality and public interests protected by law.

2. To oversee the independence of the judicial organs and the proper administration of justice.

3. To represent the society in judicial processes.

4. To conduct from the beginning the investigation of offenses. With such a purpose, the National Police is obligated to fulfill the mandates of the Public Ministry within the scope of its function.

5. To apply penal action automatically or following petition by one party.

6. To issue a ruling preceding judicial resolutions in those cases contemplated by the law.

7. To exercise the initiative in drafting laws and to give accounting to the Congress or the President of the Republic about the omissions or deficiencies of legislation.

Article 160 The budget bill of the Public Minister is approved by the Board of Senior Prosecutors. It is submitted to the Executive Power and defended in that branch and in Congress.

Chapter XI Concerning the Office of the Public Defender Article 161 The office of the Public Defender is autonomous. The public organs are obligated to cooperate with the Public Defender’s Office when the latter requires it.

Its structure, at the national level, is established by organic law.

The Public Defender is elected and removed by Congress by a vote of two-thirds of its legal number. He enjoys the same immunity and the same prerogative as congressmen.

To be elected Public Defender, the candidate must be at least 35 years of age and be a lawyer.

He serves during a five-year term not subject to an imperative mandate.

He is subject to the same incompatibilities as senior officials.

Article 162 It is the duty of the office of the Public Defender to defend the constitutional and fundamental rights of persons and the community and to oversee the performance of the duties of the State administration and the delivery of public services to the citizenry.

The Public Defender submits a report to Congress once a year, or whenever the latter requests it. The Public Defender has the initiative in the drafting of laws. He may propose measures that facilitate the best performance of his functions.

The budget bill of the office of the Public Defender is submitted to the Executive Power and defended by the Public Defender before that branch of government and in the Congress.





Chapter XII Concerning Security and National Defense Article 163 The State guarantees the security of the Nation through the System of National Defense.

The National Defense is integral and permanent. It develops both internally and externally. All persons or legal entities are obligated to participate in national defense, in accordance with the law.

Article 164 The leadership, training, and application of National Defense are realized through a system whose organization and functions are determined by law. The President of the Republic heads the System of National Defense.

The law determines the scope and procedures of mobilizing resources for the purpose of national defense.

Article 165 The Armed Forces are constituted by the Army, Navy, and the Air Force. Their primary goal is to guarantee the independence, sovereignty, and territorial integrity of the Republic. They may assume control of internal law and order in accordance with Article 137 of the Constitution.

Article 166

The duty of the National Police is to uphold and restore internal law and order. It provides protection and assistance to persons and to the community. It guarantees compliance with the laws and the security of the public and private estate. It prevents, investigates, and fights delinquency. It watches over and controls the borders.

Article 167 The President of the Republic is the Supreme Head of the Armed Forces and the National Police.

Article 168 The respective laws and regulations determine the organization, functions, specialties, training, and use and determine the discipline of the Armed Forces and the National Police.

The Armed Forces organize their reserves and dispose them according to the needs of the National Defense, in accordance with the law.

Article 169 The Armed Forces and the National Police are not deliberative [bodies]. They are subordinate to the Constitutional Power.

Article 170 The law allocates the funds slated to meet the logistical needs of the Armed Forces and the National Police. Such funds must be applied exclusively to institutional goals under the control of the authority determined by the law.

Article 171 The Armed Forces and the National Police participate in the economic and social development of the country and in civil defense, in accordance with the law.

Article 172 The number of personnel of the Armed Forces and the National Police is set by the Executive Power each year. The appropriate funds are approved in the Law on the Budget.

Promotions are granted in accordance with the law. The President of the Republic approves the promotions of general and admiral rank in the Armed Forces and of general rank in the National Police, on the basis of recommendations by the corresponding service.

Article 173 In the case of their dereliction of duty, the members of the Armed Forces and of the National Police are brought before their respective tribunals and are subject to the Code of Military Justice. The decisions of the latter are not applicable to civilians, except in the case of the crimes of treason to the fatherland and of terrorism, as determined by law.

Appeals mentioned in Article 141 are applicable only when a death sentence is involved.

Those who violate the norms of the Obligatory Military Service are also subject to the Code of Military Justice.

Article 174 The rankings and decorations, the remunerations and pensions due to the hierarchy of officers of the Armed Forces and the National Police are equivalent. The law establishes equivalences between career military personnel and police among those who do not have officer rank or hierarchy.

In both cases, the above-mentioned rights may only be withdrawn from their holders following judicial sentence.

Article 175 Only the Armed Forces and the National Police may possess and use war weapons. All others that may exist or may be brought into the country become State property without trial or indemnification.

Excepted is the manufacture of weapons by private industry in cases provided by law.

The law regulates the manufacture, trade, possession, and use by private parties of weapons other than instruments of war.

Chapter XIII Concerning the Electoral System Article 176 The purpose of the electoral system is to insure that voting reflects the authentic, free, and spontaneous opinion of the citizens and that the ballots mirror the exact and timely opinion of the electorate expressed at the polls by direct vote.

It has as its basic functions the planning, organizing, and executing the electoral processes or of referendums or other forms of popular consultation, the keeping and custody of a single identification register of persons, and the register of acts which alter the civil status.

Article 177

The electoral system is made up of the National Board of Elections, the National Office of Electoral Processes, and the National Register of Identification and Civil Status. These institutions act autonomously and maintain coordination among themselves, in accordance with their responsibilities [atribuciones].

Article 178

The following are the duties of the National Board of Election:

1. To oversee the legality of the exercise of the suffrage and of the realization of the electoral processes, of the referendum, and other forms of popular consultations, as well as the establishment of the voter rolls.

2. To maintain and keep custody of the register of political organizations.

3. To oversee the application of regulations concerning political organizations and other provisions relating to elections.

4. To administer justice in electoral matters.

5. To proclaim candidates elected, the results of referendums, or of other types of popular consultations and to issue appropriate certification [credenciales].

6. Other duties determined by law.

In electoral matters, the National Board of Elections has the initiative of drafting laws.

It submits to the Executive Power its budget request for the electoral system which specifies separately the budgetary allocations sought for each entity in the system. It defends its request before this branch of government and before the Congress.

Article 179 The highest organ of the National Board of Elections is a plenary made up of five

members:

1. One elected in secret ballot by the Supreme Court from among its retired or active members. In the latter case, permission is granted to the elected member. The representative of the Supreme Court chairs the National Board of Elections.

2. One elected in secret ballot by the Board of Senior Prosecutors from among senior prosecutors who are retired or active. In the latter case, permission is granted to the elected member.

3. One elected in secret ballot by the Bar Association of Lima from among its members.

4. One elected in secret ballot by the deans of the faculties of law of the public universities from among their former deans.

5. One elected in secret ballot by the deans of the faculties of law of the private universities from among their former deans.

Article 180 The members of the plenum of the National Board of Elections may not be under 45 years of age nor over 70. They are elected for a four-year term. They may be reelected.

The law determines the form of designating alternate replacements every two years.

The member’s position is full-time and is remunerated. It is incompatible with any other public function, except for part-time teaching.

Candidates in charge of popular elections or citizens who perform specific national duties in political organizations or have done so in the four years prior to their candidacy may not be members of the plenum of the National Board of Elections.

Article 181 The plenum of the National Board of Elections evaluates cases involving conscientious objection. It rules on them in accordance with the law and general legal principles. In electoral matters, referendums, or other types of popular consultations, its determinations represent the last, definitive, instance and may not be reviewed. There is no recourse whatever against them.

Article 182

The Head of the National Office of Electoral Processes is appointed by the National Council of the Magistracy for a renewable period of four years. He may be removed by the Council itself for grave error. He is subject to the same incompatibilities as those provided for the members of the plenum of the National Board of Elections.



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