Practice Relating to Rule 100. Fair Trial Guarantees
Section F. Trial without undue delay
Peru’s New Code of Criminal Procedure (2004) states: “Justice shall be rendered impartially by the competent judicial organs and within a reasonable time.”
Peru’s Code of Military and Police Justice (2006) states: “The principles of adversarial, immediate, simple and expedient proceedings shall be observed during the entire process.”
The Code also states:
Every person has the right to a final judicial decision within a reasonable time in conformity with the time limits set in this Code.
Delay in issuing decisions or repeated undue delays shall be considered serious misconduct.
Peru’s Military and Police Criminal Code (2010), which includes provisions on crimes under international humanitarian law, states in a chapter entitled “Procedural principles and guarantees”: “Every person has the right to a definitive judicial decision within reasonable time, in accordance with the timeframes established by the present Code.”
In a chapter entitled “Procedures in times of armed conflict”, the Code also states:
Article 416. - Proceedings
The procedure to be followed in proceedings during international armed conflicts shall be subject to the rules established for ordinary proceedings to the extent that they apply.
Article 421. - Time limits
These proceedings shall take place within the following time limits:
1. The preparatory investigation shall take 10 days at the most and cannot be extended;
2. Once the prosecutor’s accusation has been formulated, the defence shall examine the accusation and the presented elements within twenty-four hours;
3. The oral trial shall not be initiated until two days after receiving the prosecutor’s accusation and no later than four days after such receipt;
4. The hearing shall be carried out without interruption and may only be suspended for one day; and
5. The sentence can be designated at the time when the judgment is announced or within one day thereafter.