Saturday, January 30, 2021

Peruvian Military Justice system will only deal with offenses committed during the normal course of duty during the quarantine


The Court (FMP) that deals with military/police matters has suspended its jurisdictional, fiscal and administrative activities from February 1-14, 2021 in the areas of Peru that have been declared under extreme alert and under quarantine because of the Covid-19 pandemic.  The Administrative Resolution declaring the suspension, further announced that the measure would be in effect in Lima,  Callao, Ancash, Pasco, Huánuco, Junín, Huancavelica, Ica and Apurimac.

Excepted from the suspension are the jurisdictional and fiscal activities related to preliminary and preparatory investigations that have been initiated against members of the military and the police during the state of emergency.

The FMP also decided that other courts will continue exercising their jurisdictional and fiscal functions for cases involving offenses committed during the normal course of duty, which are presented against members of the military and police on active duty, during the obligatory social isolation.

The different chambers of the Supreme Court for Military and Police matters will continue to carry out their functions.

In the areas of the country under high alert, as pointed out in Supreme Decree No. 008-2021-PCM, which establishes new restrictions to confront the pandemic, 33% of the employees of the FMP, who have no symptoms of Covid-19, nor have been confirmed as infected with the virus, will carry out their necessary functions in person.

Alonso Leonardo Esquivel Cornejo, the President of the FMP, emphasized that during the quarantine the military justice system will suspend the procedural time limits and statutes of limitations on trials that do not involve the state of emergency.  However, he said, "all  offenses committed during the normal course of duty, which are derived from the participation of the armed forces against Covid-19 are within the exclusive competence of the military police justice system."   "During a pandemic, the armed institutions carry out operations with their laws, regulations and the Military/Police Criminal Code, and together with them the fiscal and judicial organs remain operative at all levels" he stressed.

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