Peru’s Constitution of 1993 with Amendments through 2009
Article 139. Principles and rights of the jurisdictional function are the following: […] 2. The independence in the exercise of the jurisdictional function. […]
Judicial Council or Parallel Institution
Article 150. The National Council of the Magistracy is responsible for the selection and appointment of judges and prosecutors, except those chosen through popular election. The National Council of the Magistracy is independent and is governed by its organic act.
Article 151. The Academy of the Magistracy, which is part of the Judicial Branch, is responsible for the education and training of judges and prosecutors at all levels for the purposes of qualification. Completion of the special studies required by the Academy is necessary for promotion.
Article 153. Judges and prosecutors are prohibited to participate in politics, unionize, or declare themselves on strike.
Article 154. The duties of the National Council of the Magistracy are the following: 1. To appoint, following merits-based recruitment and personal evaluation, judges and prosecutors at all levels. Such appointments require the vote of two-thirds of the legal number of its members. 2. To ratify judges and prosecutors at all levels every seven years. Those not confirmed may not be readmitted to the Judicial Branch, or the Office of the Prosecutor General. The confirmation process is independent of the disciplinary measures. 3. To apply the penalty of removal to Justices of the Supreme Court and Supreme Prosecutors, and, at the request of the Supreme Court or the Board of Supreme Prosecutors, respectively, judges and prosecutors of all instances. The final and detailed order, following a hearing with the party in question, is not contestable. 4. To award judges and prosecutors the official title accrediting their status.
Article 156. Requirements to become a member of the National Council of the Magistracy are the same as those for the Justices of the Supreme Court, except as provided in paragraph 4 of article 147. A member of the National Council of the Magistracy enjoys the same benefits and rights as a Justice of the Supreme Court and is subject to the same obligations and incompatibilities.
Article 157. The members of the National Council of the Magistracy may be removed from office by a decision of Congress due to gross misconduct, with the affirmative vote of two-thirds of the legal number of congressmen.
Attorney General’s Office
Article 158. The Office of the Prosecutor General is autonomous. It is headed by the Prosecutor General of the Nation, who is elected by the Board of Supreme Prosecutors. The term of office for the Prosecutor General of the Nation is three years and it may be extended for another two years if re-elected. Members of the Office of the Prosecutor General enjoy the same rights and prerogatives, and are subject to the same duties and legal incompatibilities, as their counterparts in the Judicial Branch. Likewise, their appointments are subject to the same requirements and procedures as those of members of the Judicial Branch within their respective categories.