Peru
DESCRIPTION OF THE JUDICIAL SYSTEM OF PERU
The Ministry of Justice is responsible for providing legal advice to the Executive Branch and to the Council of Ministers in particular; for promoting an efficient and rapid administration of justice, linking the Executive Branch with the Judicial Branch, the Office of the Attorney General, and other entities; for coordinating the Executive Branch’s relations with the Catholic Church and other creeds; for systematizing, publicizing and coordinating the legal system; for regulating and supervising registry, notary, and foundations functions; and for ensuring appropriate policies in the National Penitentiary System and the National Archives System.
In addition, the power to administer justice emanates from the people and is exercised by the Judiciary through its hierarchical divisions in accordance with the Constitution and the law. The Constitutional Tribunal is the body that exercises oversight on matters of constitutionality. It is autonomous and independent of the other constitutional agencies. It is subject only to the Constitution and its Organic Law.
The National Judiciary Council
The National Judiciary Council is an autonomous body independent of the other constitutional bodies and is responsible for selecting, appointing, confirming and removing judges and prosecutors at all levels, except when they are popularly elected, in which case it is only empowered to grant the title and impose the sanction of removal when appropriate under the law.
The People’s Defender
The People’s Defender is responsible for defending the constitutional and basic rights of individuals and the community and for supervising the fulfillment of the duties of public administration and the delivery of public services.
The Office of the Attorney General
The Office of the Attorney General is the autonomous state body whose principal functions are to defend legality, citizen rights and public interests, to represent society at law, for purposes of defending the family, minors, the disabled, and the interests of society, as well as to safeguard public morality, to prosecute crime, and to redress grievances. It must also seek to prevent crime within legal limitations and safeguard the independence of judicial bodies and the proper administration of justice and other areas entrusted to it by the Political Constitution of Peru and the country’s legal system.
The Office of the Comptroller General
The Office of the Comptroller General is the technical body that directs the National Oversight System. It has administrative, functional, economic and financial autonomy and its mission is to efficiently and effectively direct and supervise governmental oversight, directing its actions toward strengthening and promoting transparency in the management of agencies, promoting the values and responsibilities of public officials and servants, and assisting the branches of government in decision-making and the citizenry in adequately participating in social oversight.
National Commission for Fighting Corruption
The purpose of the National Commission for Fighting Corruption and Promoting Ethics and Transparency in the Public Administration is to recommend national policy to prevent and combat corruption; to promote ethics and transparency in public administration; to prevent, evaluate and report to the Office of the Attorney General conduct that constitutes acts of corruption committed by individuals or legal entities involving public funds; to prepare the Annual Plan to Prevent and Combat Corruption; to submit legislative or administrative proposals through the Cabinet Chief that help to reduce and prevent corruption, and to encourage transparency in public administration and administrative simplification. It reports to the Executive Branch on legal gaps that it is aware of, promotes international cooperation in the area of preventing and combating corruption, and promotes a culture of values in society, emphasizing ethical conduct on the part of citizens.
