Peru 1993 Constitution (reviewed 2021)

TITLE IV. THE STRUCTURE OF THE STATE

CHAPTER I. THE LEGISLATIVE BRANCH

Article 90

The Legislative Branch shall be vested in Congress, which has a single chamber.

There are 130 congressmen, elected for terms of five years through an election process organized in accordance with the law. Candidates for the presidency may not be among the lists of congressional candidates. Candidates for vice presidencies may simultaneously be congressional candidates.

To be elected congressman, one must be Peruvian by birth, have attained the age of twenty-five years, and enjoy the right to vote.

Article 90-A

Parliamentarians cannot be reelected for a new term, immediately, in the same position.

Article 91

The following persons may not be elected members of the national parliament if they have not resigned their offices six (6) months before the election:

1. Ministers and Deputy Ministers, and the Comptroller General.
2. Members of the Constitutional Court, the National Board of Justice, the Judicial Branch, the Office of the Prosecutor General, the National Election Board, and the Ombudsman.
3. The President of the Central Reserve Bank, the Superintendent of Banking, Insurance, and Private Pension Fund Management Firms, and the National Superintendent of Tax Administration.
4. Members of the Armed Forces and the National Police on active duty.
5. Other individuals as provided in the Constitution.

Article 92

The office of congressman is a full-time job. Therefore, members are prohibited from holding any other office, profession, or occupation during the time in which Congress operates.

The term of office for congressman is incompatible with any other public office, except that of minister and, with prior authorization of Congress, the participation in select committees on international affairs.

The office of congressman is likewise incompatible with positions such as manager, proxy, representative, trustee, attorney, majority shareholder, or member of the board of directors of enterprises that have work, supply, or provision contracts with the State or that manage public revenues or render public services.

The office of congressman is incompatible with similar positions in enterprises that receive concessions from the State during the term of office of the congressman, as well as in enterprises of the financial credit system supervised by the Superintendence of Banking, Insurance, and Private Pension Fund Management Firms.

Article 93

Congressmen represent the Nation. They are not subject to any binding mandate or interpellation.

They are not responsible to any authority or jurisdictional body for votes cast or opinions expressed in the exercise of their functions. The magistrates of the Constitutional Court and the Ombudsman enjoy the same prerogatives as the congressmen.

The prosecution for the commission of common crimes charged to congressmen of the Republic during the exercise of their mandate is the competence of the Supreme Court of Justice.

In case of commission of crimes before assuming the mandate, the ordinary criminal judge is competent.

Article 94

Congress drafts and passes its own Standing Rules, which have the force of law. It also elects members to serve on the Permanent Assembly and committees, defines the organization and functions of parliamentary groups, manages its finances, approves its budget, appoints and removes its officers and employees, and grants them benefits in accordance with the law.

Article 95

The legislative mandate is non renounceable.

The disciplinary penalties imposed by Congress on its members, when involve suspension from their duties, may not exceed 120 days of the legislative session.

Article 96

Any member of Congress may ask Ministers, the National Election Board, the Comptroller General, the Central Reserve Bank, the Superintendence of Banking, Insurance, and Private Public Fund Management Firms, the regional and local governments, and other institutions as provided by law for any information as he deems necessary.

The request must be made in writing and be in conformity with the Standing Rules of Congress. Failure to respond results in legal liability.

Article 97

Congress may initiate investigations on any matter of public interest. Upon request, appearances before the committees responsible for such investigations are compulsory, under the same requirements as judicial proceedings.

In order to accomplish their purposes, such committees may have access to any information, which may entail lifting bank secrecy and the confidentiality of tax filings; except for information affecting personal privacy. The conclusions of the committees are not binding to jurisdictional bodies.

Article 98

The President of the Republic is obliged to place at the disposal of the Congress those members of the Armed Forces and the National Police requested by the President of Congress.

The Armed Forces and the National Police shall not enter the premises of Congress without authorization from its President.

Article 99

It is the duty of the Permanent Assembly to accuse before Congress: the President of the Republic, members of Congress, Ministers, members of the Constitutional Court, members of the National Board of Justice, the Justices of the Supreme Court, Supreme Prosecutors, the Ombudsman, and the Comptroller General, for any violation of the Constitution or any crime committed during the performance of their duties and for up to five years after they have left office.

Article 100

It is the duty of the Congress, without participation of the Permanent Assembly, to decide whether or not to suspend an accused official or declare him ineligible for public service for up to ten years, or to remove him from office without prejudice to any other responsibility.

During these proceedings, the accused official has the right to defend himself or to be assisted by counsel before the Permanent Assembly and Congress as a whole.

In cases of a criminal indictment, the Prosecutor General files criminal charges with the Supreme Court within five days. The Justice of the Supreme Court responsible for criminal affairs then initiates the criminal proceedings.

Acquittal by the Supreme Court restores political rights to the accused official.

The terms of the prosecutorial accusation and the order to start proceedings may not go beyond or below the terms of the Congress charges.

Article 101

Congress shall elect the members of the Permanent Assembly. The membership shall be proportional to that of the representatives in each parliamentary group and shall not exceed twenty-five percent of the total number of congressmen.

It is the duty of the Permanent Assembly:

1. To appoint the Comptroller General upon recommendation from the President of the Republic.
2. To ratify the appointments of the President of the Central Reserve Bank and the Superintendent of Banking, Insurance, and Private Pension Fund Management Firms.
3. To approve the supplemental credits, budget transfers, and supplemental allotments during the parliamentary recess.
4. To exercise the delegation of legislative powers conferred by Congress.Matters relating to constitutional reform, approval of international treaties, organic acts, the Budget Act, and the General Account of the Republic Act may not be delegated to the Permanent Assembly.
5. To perform other responsibilities as set forth in the Constitution and the Standing Rules of Congress.

Article 102

It is the duty of the Congress:

1. To pass laws and legislative resolutions, as well as to interpret, amend, or repeal existing laws.
2. To ensure respect for the Constitution and the laws; and to do whatever is necessary to hold violators responsible.
3. To conclude treaties, in accordance with the Constitution.
4. To pass the Budget and the General Account.
5. To authorize loans, in accordance with the Constitution.
6. To exercise the right to amnesty.
7. To approve the territorial demarcation proposed by the Executive Branch.
8. To consent to the entry of foreign troops into the territory, whenever it does not affect, in any manner, national sovereignty.
9. To authorize the President of the Republic to leave the country.
10. To perform any other duties as provided in the Constitution and those inherent in the legislative function.

CHAPTER II. THE LEGISLATIVE FUNCTION

Article 103

Special laws may be passed because they are required by the nature of things, but not because of differences between persons. After its entry into force, the law is applied to the consequences of existing legal relations and situations, and it does not have retroactive force or effect, except, in both cases, in criminal matters when such application favors the defendant. A law is repealed only by another law. A law is null by declaration of unconstitutionality.

The Constitution does not endorse the abuse-of-rights doctrine.

Article 104

Congress may delegate the power to legislate to the Executive branch through legislative decrees on specific matters and in the term established by the authorizing law.

Congress may not delegate those non-delegable matters to the Permanent Assembly.

As to their promulgation, publication, enforcement, and effects, legislative decrees are subject to the same rules governing the law.

The President of the Republic reports to Congress or the Permanent Assembly on each legislative decree.

Article 105

No bill shall be passed without previously approval of the competent ruling committee, except as provided in the Standing Rules of Congress. Bills sent by the Executive Branch of an urgent nature shall have priority in Congress.

Article 106

Organic acts govern the structure and operation of State bodies as defined in the Constitution, as well as other matters whose regulation by such acts is established in the Constitution.

Bills of organic acts are processed like any other law. In order to pass or amend them, the vote of more than half of the legal number of members of Congress is required.

CHAPTER III. LAWMAKING AND ENACTMENT

Article 107

Both the President of the Republic and the congressmen have the right to initiative in lawmaking.

The same right, in matters within their competence, is also enjoyed by the other State branches, autonomous public agencies, regional and local governments, and professional associations. Likewise, citizens possess the right to initiative in accordance with the law.

Article 108

As provided in the Constitution, the passed law is referred to the President of the Republic for enactment within fifteen days. If the President of the Republic fails to enact the law, the President of Congress or the President of Permanent Assembly is responsible for its enactment, as appropriate.

If the President of the Republic has observations to share regarding the whole or any part of the law passed by the Congress, he shall submit them to the Legislature within fifteen days.

Once the law has been reconsidered by Congress, its President enacts the law with the vote of more than half the legal number of congressmen.

Article 109

The law comes into force the day following its publication in the official gazette, unless a provision of the same law delays its effect in whole or in part.

CHAPTER IV. THE EXECUTIVE BRANCH

Article 110

The President of the Republic is the Head of the State and personifies the Nation.

To be elected President of the Republic, one must be Peruvian by birth, have attained the age of thirty-five years at the time of candidacy, and enjoy the right to vote.

Article 111

The President of the Republic is elected by direct suffrage. The candidate who obtains more than half the votes is elected. Invalid or blank votes are not counted.

If no candidate receives an absolute majority, a run-off election is held within thirty days following the proclamation of the official results between the two candidates with the highest relative majorities.

Two Vice Presidents are elected together with the President, in the same manner and under the same requirements and terms.

Article 112

The presidential term of office lasts five years. There is no immediate reelection. A former president may run again following at least one constitutional term, subject to the same conditions.

Article 113

The President of the Republic may vacate his office for the following reasons:

1. Death of the President of the Republic.
2. His permanent physical or moral incapacity declared by Congress.
3. Acceptance of his resignation by Congress.
4. His departure from the national territory without permission from Congress or his failure to return within the agreed time.
5. His removal from office after having been penalized for any of the violations mentioned in article 117 of the Constitution.

Article 114

The office of President of the Republic is suspended in the event of:

1. Temporary incapacity of the President declared by Congress.
2. His subjection to judicial proceedings pursuant to article 117 of the Constitution.

Article 115

In the event of temporary or permanent incapacity of the President of the Republic, the first Vice President shall assume the duties thereof, or, in his absence, the second Vice President, or, in the event of incapacity of both, the President of Congress. Whenever the incapacity is permanent, the President of Congress may immediately call an election.

When the President leaves the national territory, the first Vice President is charged with his office, or, in his absence, the second Vice President.

Article 116

The President of the Republic shall take an oath prescribed by law and assume office before the Congress on July 28th of the year in which the election is held.

Article 117

During his term of office, the President of the Republic may only be charged with: committing high treason; preventing presidential, congressional, regional, or municipal elections; dissolving Congress, except in cases as set forth in article 134 of the Constitution; and preventing the meeting or operation of Congress, the National Election Board, or other bodies of the election system.

Article 118

It is the duty of the President of the Republic:

1. To observe and enforce the Constitution and treaties, laws, and other legal provisions.
2. To represent the State inside and outside of the Republic.
3. To manage the general policy of the government.
4. To ensure the domestic order and external security of the Nation.
5. To call elections for president of the Republic and congressmen, as well as mayors, council members, and other officials, as set forth by law.
6. To convene Congress in special session; and, in that event, to sign the convention decree.
7. To deliver messages to Congress at any time and compulsorily, either in person or in writing, at the commencement of the first regular session. Annual messages shall include detailed reports on the state of the Nation, and improvements and reforms the President deems necessary and relevant for consideration by the Congress. Except in the first instance, the messages of the President are approved by the Cabinet.
8. To exercise the power of regulating laws without violating or distorting them and, within these limits, to issue decrees and resolutions.
9. To observe and enforce the judgments and orders of jurisdictional bodies.
10. To observe and enforce the resolutions of the National Election Board.
11. To manage foreign policy and international affairs, and to formalize and ratify treaties.
12. To appoint ambassadors and plenipotentiaries, upon approval by the Cabinet and with the duty to inform Congress.
13. To welcome foreign diplomatic agents and authorize consuls to perform their duties.
14. To preside over the National Defense System and organize, allot, and order the mobilization of the Armed Forces and National Police.
15. To take the necessary measures to ensure the defense of the Republic, the integrity of the territory, and the sovereignty of the State.
16. To declare war and sign peace treaties with the authorization of Congress.
17. To manage the public treasury.
18. To negotiate loans.
19. To promulgate special measures in economic and financial spheres, through emergency decrees with force of law, as required by the national interest and with the duty to report to Congress. Such emergency decrees may be modified or repealed by Congress.
20. To regulate customs tariffs.
21. To grant pardons and commute sentences, and to exercise the grant of executive clemency to the accused, in cases where the stage of criminal proceedings has exceeded double the term plus extension.
22. To award decorations on behalf of the Nation with the agreement of the Cabinet.
23. To authorize Peruvians to serve in a foreign army.
24. To exercise the other duties of government and administration entrusted to him by the Constitution and law.

CHAPTER V. THE CABINET

Article 119

The administration and management of public services are entrusted to the Cabinet and to each minister in the matters of his portfolio.

Article 120

Acts of the President of the Republic without ministerial countersignature are null and void.

Article 121

The collected ministers form the Cabinet. Its organization and duties are stipulated by law.

The Cabinet has its own President. The President of the Republic presides over the Cabinet when he convenes it or when he attends its meetings.

Article 122

The President of the Republic appoints and removes the President of the Cabinet from office. He appoints and removes other ministers with the recommendation and consent respectively of the President of the Cabinet.

Article 123

It is the duty of the President of the Cabinet, who may be a minister without portfolio:

1. To be, after the President of the Republic, the authorized spokesperson for the government.
2. To coordinate the duties of the other ministers.
3. To countersign legislative and emergency decrees, and any other decrees or resolutions as stated in the Constitution and the law.

Article 124

To be a minister, one must be Peruvian by birth, exercise his rights to citizenship, and have attained twenty-five years of age. Members of the Armed Forces and the National Police may be ministers.

Article 125

It is the duty of the Cabinet:

1. To approve the bills submitted to Congress by the President of the Republic.
2. To approve legislative and emergency decrees enacted by the President of the Republic, as well as bills, decrees, and resolutions as set forth by law.
3. To deliberate on matters of public interest.
4. To perform other duties as set forth in the Constitution and law.

Article 126

Any agreement of the Cabinet requires the affirmative voting of the majority of its members and it is stated on record.

Ministers shall not hold any other public office, except legislative functions.

Ministers shall neither be a manager of their own interests or those of third parties, engage in profitable activities, nor may they be involved in the administration or management of private enterprises or associations.

Article 127

There are no interim ministers. The President of the Republic may entrust a minister to assume the duties of another on grounds of incapacity while retaining his portfolio, but such responsibility may neither exceed thirty days nor be transferable to other ministers.

Article 128

Ministers are individually responsible for their own acts and for the presidential acts they countersign.

All ministers are jointly liable for criminal and violating acts of the Constitution and for laws created by the President of the Republic or agreed to by the Cabinet, even when they dissent from the majority opinion, unless they immediately resign.

Article 129

The Cabinet as a whole or the ministers separately may attend sessions of Congress and participate in its debates with the same prerogatives as members of Congress, except that of voting if they are not congressmen.

They also attend when they are invited for reporting. The President of the Cabinet or at least one of the ministers shall periodically attend the plenary sessions of Congress to respond to questions.

CHAPTER VI. RELATIONS WITH THE LEGISLATIVE BRANCH

Article 130

Within thirty days of having assumed his functions, the President of the Cabinet and the other ministers shall attend Congress to present and discuss the general policy of the government and the main measures required for its implementation, asking for a vote of confidence.

If Congress is not convened, the President of the Republic calls a special session.

Article 131

Attendance is compulsory for the Cabinet or any of the ministers whenever Congress calls upon them for interpellation.

Interpellation is made in writing, and shall be submitted by at least fifteen percent of the legal number of congressmen. For its introduction, at least a third of the number of qualified congressmen is required. A vote must be taken at the following session.

Congress determines the date and time for ministers to respond to interpellation. This may not occur or be voted upon before the third or after the tenth day following its submission.

Article 132

Congress makes effective the political liability of the Cabinet or of each minister individually, through a vote of no confidence or by defeating a vote of confidence. The latter may only be proposed by ministerial initiative.

Any motion of no confidence against the Cabinet or any minister shall be introduced by at least twenty-five percent of the legal number of congressmen. It is subject to debate and a vote between the fourth and tenth calendar day following its introduction. Its approval requires the vote of over half the legal number of congressmen.

A censured Cabinet or minister must resign.

The President of the Republic shall accept the resignation within the subsequent seventy-two hours.

Defeat of a ministerial initiative does not force the minister to resign, unless its approval was made a vote of confidence.

Article 133

The President of Cabinet may introduce before Congress a vote of confidence on behalf of the Cabinet. A total cabinet crisis occurs if the confidence is rejected or the President of Cabinet is censured, or if he resigns or is removed by the President of the Republic.

Article 134

The President of the Republic has the power to dissolve Congress if it has censured or denied its confidence to two Cabinets.

The dissolution decree shall contain a call for the election of a new Congress. Such elections shall be held within four months of the dissolution of Congress, without any alteration of the existing electoral system.

Congress may not be dissolved during the last year of its term. Once Congress is dissolved, the Permanent Assembly, which may not be dissolved, continues exercising its functions.

There is no other form to revoke the parliamentary mandate.

Under a state of siege, Congress may not be dissolved.

Article 135

When the new Congress convenes, it may censure the Cabinet, or deny it a vote of confidence once the President of the Cabinet has explained the acts of the Executive Branch before Congress during the parliamentary interregnum.

During the interregnum, the Executive Branch legislates through emergency decrees, which it submits to the Permanent Assembly for examination and eventual submission to Congress once it reconvenes.

Article 136

If elections are not held within the stated term, the dissolved Congress convenes by law, regains its powers, and removes the Cabinet from office. None of its members may be reappointed minister for the rest of the presidential term.

A Congress elected in this manner replaces the previous one, including the Permanent Assembly, and finishes the constitutional term of the dissolved Congress.

CHAPTER VII. STATE OF EXCEPTION

Article 137

The President of the Republic, with the consent of the Cabinet, may decree for a determined time period in all or part of the national territory, and with a duty to report to Congress or Permanent Assembly, a state of exception as provided for in this article:

1. A state of emergency, in case of disturbances of the peace or the domestic order, disasters, or serious circumstances affecting the life of the Nation. In this case, the exercise of constitutional right relating to personal freedom and security, the inviolability of the home, and freedom of assembly and movement in the territory as set forth in paragraphs 9, 11, and 12 of article 2 and in paragraph 24, subparagraph f of the same article, may be restricted or suspended. Under no circumstances shall anyone be exiled.The state of emergency period shall not exceed sixty days. Its extension requires a new decree. Under a state of emergency, the Armed Forces may assume control over domestic order if the President of the Republic so decides.
2. A state of siege, in case of invasion, foreign or civil war, or imminent danger that such events might occur, with mention to those fundamental rights whose exercise is not restricted or suspended. The applicable period shall not exceed forty-five days. When the state of siege is declared, Congress convenes by law. Its extension requires congressional approval.

CHAPTER VIII. THE JUDICIAL BRANCH

Article 138

The power of administering justice emanates from the people. The Judicial Branch exercises it through its hierarchical entities in accordance with the Constitution and laws.

In all proceedings, when an incompatibility exists between a constitutional and a legal rule, judges shall decide based on the former. Likewise, they shall choose a legal rule over any other rule of lower rank.

Article 139

Principles and rights of the jurisdictional function are the following:

1. The unity and exclusivity of the jurisdictional function.No independent jurisdiction exists, nor shall it be established, except regarding the military and arbitration.

   There are no judicial proceedings by committing or delegation.

2. The independence in the exercise of the jurisdictional function.No authority shall remove cases pending before a jurisdictional body or interfere in the exercise of its functions. Neither shall they invalidate orders under res judicata, halt proceedings underway, nor modify sentences or delay their execution. These provisions do not affect grants of executive clemency or the authority of congressional investigations, the exercise of which may nevertheless not interfere in the jurisdictional proceedings or have any jurisdictional effect.
3. The observance of due process and jurisdictional protection.No person shall be diverted from the jurisdiction predetermined by the law, nor shall anyone be subjected to proceedings other than those previously established, or be tried by exceptional jurisdictional bodies or special commissions created for that purpose, whatever the official title.
4. The publicity of proceedings, unless otherwise provided by law.Judicial proceedings involving the liabilities of public officials, crimes committed through the press, and those relating to fundamental rights guaranteed by the Constitution are always public.
5. The written explanation of court orders at all levels, except merely procedural decrees, with express mention of the applicable law and the factual grounds on which they are based.
6. The plurality of the jurisdictional level.
7. Compensation, in the manner prescribed by law, for miscarriages of justice in criminal trials and arbitrary arrests, with prejudice to any liability that may be determined.
8. The principle of never failing to administrate justice, despite loopholes or deficiencies in the law.In such cases, the general principles of law and customary law must be applied.
9. The principle of the inapplicability through analogy of the criminal law and laws restricting rights.
10. The principle that no one shall be punished without judicial proceedings.
11. The most favorable application of the law to the defendant in cases of doubt or conflict between criminal laws.
12. The principle that no person shall be convicted in absentia.
13. The prohibition of reopening closed cases with a final order of conviction. Amnesty, pardons, stays of execution, and prescription produce the effects of res judicata.
14. The principle that no person shall be deprived of the right to defense at any stage of the proceedings.Every person shall be notified immediately and in writing of the causes or reasons for his detention. In addition, he has the right to communicate in person with and be advised by the legal counsel of his choice upon being summoned or arrested by any authority.
15. The principle that every person must be informed immediately and in written of the causes or reasons for his arrest.
16. The principle of free administration of justice and a free defense for persons of limited means, as well as for everyone in those cases stipulated by law.
17. The participation of the people in the appointment and removal of judges, in accordance with the law.
18. The obligation of the Executive Branch to collaborate in trials, when required.
19. The prohibition of the exercise of the judicial function by anyone who has not been appointed in the manner prescribed by the Constitution or the law.Jurisdictional bodies may not confer such an office, under penalty of liability.
20. The principle that every person has the right to make analyses and criticisms of court orders and sentences, within the limits of law.
21. The right of inmates and convicted individuals to be provided suitable facilities.
22. The principle that the purpose of the criminal justice system is the reeducation, rehabilitation, and reintegration of the guilty into society.

Article 140

The death penalty shall only be applied for the crimes of treason in wartime and terrorism, in accordance with the laws and the treaties to which Peru is bound.

Article 141

The Supreme Court may decide on judicial rulings as the court of last resort, when the action is filed with a Superior Court or before the Supreme Court itself, as provided by law. It also hears annulment appeals for decisions of the Military Court, within the limits set forth in article 173.

Article 142

Decisions of the National Election Board concerning election matters are not subject to review, nor those of the National Board of Justice regarding evaluation and ratification of judges.

Article 143

The Judicial Branch consists of jurisdictional bodies, which administer justice on behalf of the Nation, and bodies that exercise their government and administration.

The jurisdictional bodies are the following: the Supreme Court of Justice and the other courts and tribunals as determined by their organic acts.

Article 144

The Chief Justice of the Supreme Court is also the head of the Judicial Branch. The plenary session of the Supreme Court is the highest deliberation body of the Judicial Branch.

Article 145

The Judicial Branch submits its budget draft to the Executive Branch and sustains it before Congress.

Article 146

Judicial office is incompatible with any other public or private activity, except university teaching outside the working hours.

Judges receive only the compensation assigned in the Budget and revenues earned from teaching or other functions expressly prescribed by law.

The State guarantees judges:

1. Their independence. They are subject only to the Constitution and the law.
2. The irremovability of their office. They shall not be transferred without their consent.
3. Their continuance in office, as long as they show proper conduct and qualification for their function.
4. A compensation ensuring them a standard of living befitting their office and rank.

Article 147

To be Justice of the Supreme Court, one is required:

1. To be a Peruvian by birth.
2. To exercise his citizenship.
3. To be at least forty-five years of age.
4. To have held the office of Justice of the Superior Court or Superior Prosecutor for ten years, or to have practiced the law or taught a legal discipline at the university level for fifteen years.

Article 148

Administrative resolutions under res judicata are susceptible to challenge through administrative action.

Article 149

Authorities of rural and native communities, in conjunction with the peasant patrols, may exercise jurisdictional functions at the territorial level in accordance with common law, provided they do not violate the fundamental rights of the individual. The law provides forms for coordination of such jurisdiction with Justices of the Peace and other bodies of the Judicial Branch.

CHAPTER IX. NATIONAL BOARD OF JUSTICE

Article 150

The National Board of Justice is responsible for the selection and appointment of judges and prosecutors, except those chosen through popular election.

The National Board of Justice 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 152

Justices of the Peace are chosen by popular election.

The election, its requirements, jurisdictional implementation, training, and duration of office are governed by law.

The law may establish the election of trial judges and determine the relevant mechanisms.

Article 153

Judges and prosecutors are prohibited to participate in politics, unionize, or declare themselves on strike.

Article 154

The functions of the National Board of Justice are:

1. To appoint, following merits-based recruitment and personal evaluation, judges and prosecutors at all levels. Such appointments require the public and motivated vote of two-thirds of the legal number of its members.
2. To ratify, with a public and motivated vote, the judges and prosecutors at all levels every seven years; and to execute jointly with the Academy of the Magistracy the partial performance evaluation of judges and prosecutors at all levels every three years and six months. Those not ratified or dismissed cannot re-enter the Judicial Branch or the Office of the Prosecutor General.
3. To apply the penalty of removal to judges of the Supreme Court and Supreme Prosecutors; and, ex officio or at the request of the Supreme Court or the Board of Supreme Prosecutors, respectively, to the judges and prosecutors of all instances. In the case of supreme judges and supreme prosecutors, it will also be possible to apply a warning or suspension of up to one hundred and twenty (120) calendar days, applying criteria of reasonableness and proportionality. The final resolution must be motivated and with a prior hearing of the interested party. It has an unchallengeable nature.
4. To register, guard, keep updated and publish the Register of Disciplinary Sanctions of Judges and Prosecutors.
5. To extend to the judges and prosecutors the official title that accredits them.
6. To present an annual report to the Plenary of Congress.

Article 155

The National Board of Justice is made up of seven regular members selected through a public merit contest, for a period of five years. Reelection is prohibited. The substitutes are summoned by strict order of merit obtained in the contest.

The public merit contest is the responsibility of a Special Commission, made up of:

1. The Ombudsman, who presides over it;
2. The President of the Judicial Branch;
3. The Prosecutor General of the Nation;
4. The President of the Constitutional Court;
5. The Comptroller General of the Republic;
6. A rector elected by vote by the rectors of licensed public universities with more than fifty years of seniority; and,
7. A rector elected in a vote by the rectors of licensed private universities with more than fifty years of seniority.

The Special Commission must be installed, at the summons of the Ombudsman, six months before the expiration of the mandate of the members of the National Board of Justice and ceases with the swearing-in of the elected members.

The selection of the members is carried out through a procedure in accordance with the law, for which the Special Commission has the support of a Specialized Technical Secretariat. The procedure provides the guarantees of probity, impartiality, publicity and transparency.

Article 156

To be a member of the National Board of Justice it is required:

1. To be Peruvian by birth.
2. To be a citizen in exercise.
3. To be over forty-five (45) years old, and under seventy-five (75) years old.
4. To be a lawyer:
   1. With professional experience of not less than twenty-five (25) years; or,
   2. To have held the university chair for no less than twenty-five (25) years; or,
   3. To have worked as a researcher in legal matters for at least fifteen (15) years.
5. To not have a final conviction for a fraudulent crime.
6. To have a recognized professional trajectory and solvency and moral suitability.

The members of the National Board of Justice enjoy the same benefits and rights and are subject to the same obligations and incompatibilities as the supreme judges. Their function must not incur a conflict of interest and is incompatible with any other public or private activity outside working hours. Except for university teaching.

Article 157

The members of the National Board of Justice 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.

CHAPTER X. THE OFFICE OF THE PROSECUTOR GENERAL

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 reelected. 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.

Article 159

It is the duty of the Office of the Prosecutor General:

1. To bring a lawsuit, ex officio or by private complaint, in defense of the legal order or public interests protected by law.
2. To watch over the independence of jurisdictional bodies, and the fair administration of justice.
3. To represent society in legal proceedings.
4. To conduct criminal investigations from their initiation. To that purpose, the National Police is obliged to enforce the orders of the Office of the Prosecutor General within the scope of its authority.
5. To institute criminal proceedings ex officio or by private action.
6. To give an opinion prior to judicial orders in cases set forth in the law.
7. To exercise legislative initiative in lawmaking, and inform Congress or the President of the Republic about legal loopholes and errors.

Article 160

The Budget draft of the Office of the Prosecutor General is approved by the Board of Supreme Prosecutors, and submitted to the Executive Branch. It is sustained before the Executive Branch and before Congress.

CHAPTER XI. THE OFFICE OF THE OMBUDSMAN

Article 161

The Office of the Ombudsman is autonomous. State bodies are obliged to cooperate with the Office of the Ombudsman whenever it requests their help.

The structure of the Office of the Ombudsman at the national level is set up by law.

The Ombudsman is elected and removed from office by the Congress with the votes of two-thirds of the legal number of members, and enjoys the same immunity and prerogatives as congressmen.

To be elected Ombudsman, a candidate must be at least thirty-five years of age and an attorney-at-law. The term of the office lasts five years and does not receive a binding mandate. He possesses the same incompatibilities as the Justices of the Supreme Court.

Article 162

It is the duty of the Office of the Ombudsman to defend the constitutional and fundamental rights of the person and the community, and to ensure the enforcement of the state administration duties, as well as the provision of public services to citizens. The Ombudsman submits a report to Congress once a year and whenever the latter requests one. He may initiate legislation and recommend measures to facilitate the improved performance of his duties.

The Office of the Ombudsman submits its budget draft to the Executive Branch, which must be sustained before the Executive Branch and before Congress.

CHAPTER XII. SECURITY AND NATIONAL DEFENSE

Article 163

The State guarantees the security of the Nation by means of the National Defense System.

The national defense is comprehensive and permanent. It is developed internally and externally. Every person and corporate entity is obliged to participate in the national defense, in accordance with the law.

Article 164

The direction, preparation, and exercise of the national defense are performed through a system, whose organization and functions are determined by law. The President of the Republic is the head of the National Defense System.

For the purposes of national defense, the law determines the extent and procedures for mobilization.

Article 165

The Armed Forces consist of the Army, the Navy, and the Air Force. Their fundamental purpose is to guarantee the independence, sovereignty, and territorial integrity of the Republic. They assume control of internal order in the case outlined in article 137 of the Constitution.

Article 166

It is the primary duty of the National Police to guarantee, maintain, and restore internal order. They protect and aid individuals and the community. They ensure the enforcement of laws and the security of both public and private property. They prevent, investigate, and fight crime. They guard and control the national borders.

Article 167

The President of the Republic is the Commander-in-Chief of the Armed Forces and the National Police.

Article 168

Relevant acts and regulations establish the organization, functions, specialization, training, and use of the Armed Forces and the National Police, as well as their internal disciplinary regimes.

The Armed Forces organize their reserves and deploy them in accordance with the needs of the national defense, according to law.

Article 169

The Armed Forces and the National Police are not deliberative bodies. They are subordinate to constitutional power.

Article 170

The law allocates funds for the logistical requirements of the Armed Forces and the National Police. Such funds must be earmarked for institutional purposes, under the control of the authority set forth in the law.

Article 171

The Armed Forces and the National Police take part in the economic and social development of the country, and in its civil defense, according to law.

Article 172

The Executive Branch annually fixes the number of members of the Armed Forces and the National Police. Their resources are allotted in the Budget Act.

Promotions are granted in accordance with the law. The President of the Republic grants the promotions of generals and admirals in the Armed Forces, as well as generals in the National Police upon recommendation from the relevant institution.

Article 173

In the case of on-duty crimes, members of the Armed Forces and the National Police are subject to their respective jurisdictions, and to the Code of Military Justice. The Code provisions do not apply to civilians, except in cases of treason and terrorism as determined by law. The cassation appeal referred to in article 141 only applies when the death penalty is imposed.

Those who violate the rules of Mandatory Military Service will also be subject to the Code of Military Justice.

Article 174

Ranks and honors, salary, and retirement pensions for officers in the Armed Forces and the National Police are equivalent. The law determines the respective equivalences for career members of the military or police who lack the rank or position of an officer. In such cases, the cited rights may not be forfeited except by court rulings.

Article 175

Only the Armed Forces and the National Police may possess and use weapons of war.

The weapons existing in the country, as well as those manufactured in or introduced into the country, become State property without any legal process or indemnification.

The manufacture of weapons of war by the private industry in those cases outlined by the law is exempted of this prohibition.

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

CHAPTER XIII. THE ELECTORAL SYSTEM

Article 176

The electoral system has the purpose of ensuring that elections express the free, authentic, and spontaneous will of citizens, and that the vote count mirrors the accurate and timely reflection of the will of voters expressed at the polls by direct suffrage.

The basic functions of the system are: planning, organizing, and holding elections, referendum or other popular vote, maintaining and guarding the consolidated register for identification of voters, and recording modifications to civil status.

Article 177

The electoral system consists of the National Election Board, the National Office of Elections, and the National Identification and Civil Status Registry. They are autonomous and coordinate their work with each other, in accordance with their authorities.

Article 178

It is the duty of the National Election Board:

1. To oversee the legality of suffrage and the conduct of elections, referendum, and other popular vote, as well as to prepare electoral rolls.
2. To maintain and oversee the register of political organizations.
3. To ensure the enforcement of rules on political organizations and other provisions concerning electoral matters.
4. To administer justice on election matters.
5. To declare the winners in elections and issue their credentials, as well as to announce the results of referendum or other popular vote.
6. To perform other functions provided for in the law.

In electoral matters, the National Election Board has the power to initiate legislation and to submit to the Executive Branch the Budget draft for the electoral system with separate entries for each body of the system. It sustains the draft before the Executive and then before Congress.

Article 179

The highest authority of the National Election Board is vested in its Plenary Assembly, composed of five members:

1. One elected by secret ballot by the Supreme Court from among its retired or active justices. In the latter case, the elected member is granted leave. The representative of the Supreme Court presides over the National Election Board.
2. One elected by secret ballot by the Board of Supreme Prosecutors from among its retired or active members. In the latter case, the elected member is granted leave.
3. One elected by secret ballot by the Lima Bar Association from among its membership.
4. One elected by secret ballot by the deans of law schools of public universities from among their former deans.
5. One elected by secret ballot by the deans of law schools of private universities from among their former deans.

Article 180

The members of the Plenary Assembly of the National Election Board shall not be under forty-five years of age or over seventy. They are elected for four-year terms and may be reelected. The law regulates the renewal of membership in alternating elections every two years.

The office is a full-time, remunerated post. It is incompatible with any other public office, except for part-time teaching.

Candidates to elective office shall neither be members of the Plenary Assembly of the Election Board, citizens holding national leadership posts in political organizations, nor those who have held such posts during the four years preceding their candidacy.

Article 181

The Plenary Assembly of the National Election Board examines facts with discretionary judgment and resolves disputes based on the law and the general principles of law. On issues concerning elections, referendum, or other popular vote, its decisions are final, definitive, and non reversible. No appeal may be filed against them.

Article 182

The Head of the National Office of Elections is appointed by the National Board of Justice for a renewable four-year term, and may be removed from office by the same Board for gross misconduct. He is subject to the same incompatibilities as the members of the Plenary Assembly of the National Election Board.

His main functions are to organize elections, referendum, and other popular vote, including the preparation of the budget for his office and the design of the voting ballot. It is also his duty to distribute election forms and other materials needed for elections and to announce the results. He provides continued information on the vote count from the time the tally begins at polling stations. He performs other duties, as set forth by law.

Article 183

The Head of the National Identification and Civil Status Registry is appointed by the National Board of Justice for a renewable four-year term, and may be removed from office by the Board for gross misconduct. He is subject to the same incompatibilities as the members of the Plenary Assembly of the National Election Board.

The National Identification and Civil Status Registry is in charge of the registration of births, marriages, divorces, deaths, and other acts modifying civil status. It issues the respective certificates, and prepares and updates the electoral roll. Likewise, it provides the National Election Board and the National Office of Elections with the information necessary to perform their duties. It maintains identification records of citizens and issues identification documents.

It performs other duties, as set forth by law.

Article 184

The National Election Board declares the nullity of an election process, referendum or any other popular vote when the number of void or blank votes, jointly or separately, exceeds two-thirds of the number of votes cast. The law may fix different ratios for municipal elections.

Article 185

In any kind of election, referendum or other type of popular vote, a tally shall be performed publicly and uninterruptedly at polling stations. The results may solely be reviewed in case of material error or challenge, all of which is resolved according to law.

Article 186

The National Office of Elections issues the instructions and provisions needed to maintain order and safeguard personal freedom during elections. The Armed Forces and the National Police must enforce these provisions.

Article 187

In case of multi-party elections there is proportional representation, in accordance with the system provided for in the law.

The law shall contain special provisions to facilitate the voting of Peruvians living abroad.

CHAPTER XIV. DECENTRALIZATION

Article 188

Decentralization is a form of democratic organization and a mandatory, continued policy of the State, whose essential purpose is the comprehensive development of the country. The decentralization process is carried out in stages, in a progressive and orderly manner, following criteria that permit the proper distribution of jurisdictions and transfer of resources from the national government to local and regional governments.

The branches of government and autonomous state bodies, as well as the Budget of the Republic, are decentralized in accordance with the law.

Article 189

The territory of the Republic is divided into regions, departments, provinces, and districts, in whose boundaries a government is exercised and organized at national, regional, and local levels in the terms defined by the Constitution and the law, preserving the integrity and unity of the State and the Nation.

The regional level of government consists of regions and departments. The local level of government consists of provinces, districts, and villages.

Article 190

Regions are created on the basis of contiguous areas with historical, cultural, administrative, and economic relations, thus comprising sustainable geo-economic unities.

The regionalization process shall begin by electing governments in the current departments and the Constitutional Province of Callao. These are regional governments.

Two or more contiguous departments may become a region by conducting a referendum, in accordance with the law. Likewise, two or more contiguous provinces and districts may change their regional constituency by following the same procedure.

Additional authorities and faculties, as well as special incentives, given to these newly formed regions shall be determined by law.

While the integration process is underway, two or more regional governments may create coordination mechanisms between themselves. The relevant law will regulate these mechanisms.

Article 191

Regional governments enjoy political, economic, and administrative autonomy on pertinent matters within their jurisdiction. They coordinate with municipalities without interfering with their functions and authorities.

The basic organic structure of these governments consists of the Regional Council as the regulatory and oversight body, the Regional Governor as the executive organ, and the Regional Coordination Council formed of provincial mayors and representatives of civil society as a consultative body to coordinate with municipalities, with their functions and authorities set forth in the law.

The Regional Council shall have a minimum of seven (7) members and a maximum of twenty-five (25), with at least one (1) for each province, and the rest, in accordance with the law, determined by a criterion of electoral population.

The Regional Governor is jointly elected with a Regional Vice Governor, by direct suffrage for a period of four (4) years. The mandate of these authorities is revocable, according to law. There is no immediate re-election. After another period, as a minimum, former Regional Governors or Regional Vice Governors can run for office again, subject to the same conditions. The members of the Regional Councils are elected in the same way and for the same time-period. The mandate of these authorities is inalienable, with the exception of cases provided for by the Constitution.

In order to run for the office of President of the Republic, Vice President, member of Congress, or Mayor; the Regional Governors and Vice Governors must resign their office six (6) months in advance of the respective election.

The law determines the minimum percentages to facilitate representation of women, rural and indigenous communities, and aboriginal peoples in regional councils. The same applies for municipal councils.

The Regional Governors are obliged to attend the Congress of the Republic when it requires it according to law and the Regulations of the Congress of the Republic, and under responsibility.

Article 192

Regional governments promote regional development and economy; encourage investments, activities, and public services within their jurisdiction, in harmony with national and local development plans and policies.

It is their duty:

1. To approve their internal organization and budget.
2. To formulate and adopt a regional development plan, agreed to by the relevant municipalities and the civil society.
3. To administrate their property and revenue.
4. To regulate and issue permits, licenses, and authorizations on the services under their responsibility.
5. To promote regional socioeconomic development and execute the corresponding plans and programs.
6. To issue the rules concerning regional management.
7. To promote and regulate activities and/or services regarding agriculture, fishing, industry, agro-industry, trade, tourism, energy, mining, roads, communications, education, health, and the environment, according to law.
8. To encourage competitiveness, investments, and financing for the development of infrastructure projects and works at the regional level.
9. To initiate legislation on pertinent matters and issues within their jurisdiction.
10. To execute other functions inherent to their authority, according to law.

Article 193

The property and revenue of regional governments are the following:

1. Their own chattels and real property.
2. Specific fund transfers provided for in the annual Budget Act.
3. Taxes created by law in their favor.
4. Economic benefits originated in privatizations, concessions, and services they offer, according to law.
5. Resources allotted from the Regional Compensation Fund with a redistributive character, according to law.
6. Resources resulting from natural resource royalties (canon).
7. Resources resulting from their financial operations, including those performed with a State guarantee, according to law.
8. Other resources provided for by law.

Article 194

Provincial and district municipalities are bodies of local government. They enjoy political, economic, and administrative autonomy on the matters within their jurisdiction. Municipalities of villages are created pursuant to law.

The organic structure of local governments consists of the Municipal Council as the regulatory and oversight body and the Office of the Mayor as the executive organ, with their functions and powers as provided by law.

Mayors and council members are elected by direct suffrage for a period of four (4) years. There is no immediate reelection for mayors. After another period, as a minimum, they can run for office again, subject to the same conditions. Their mandate is revocable, according to law. The mandate of mayors and councilors is inalienable, with the exception of cases provided for by the Constitution.

In order to run for the office of President of the Republic, Vice President, member of Congress, Governor or Vice Governor of the Regional Government; mayors must resign their office six (6) months in advance of the respective election.

Article 195

Local governments stimulate development, the local economy, and the delivery of public services within their responsibility, in harmony with national and regional development plans and policies.

It is their duty:

1. To approve their internal organization and budget.
2. To adopt a local development plan, agreed to by the civil society.
3. To administrate their own property and revenue.
4. To create, amend, and abolish municipal taxes, rates, duties, licenses, and levies, in accordance with the law.
5. To organize, regulate, and manage local public services within their responsibility.
6. To plan rural and urban development of their circumscriptions, including zoning as well as city and site planning.
7. To encourage competitiveness, investments, and financing for the development of projects and works of local infrastructure.
8. To develop and regulate activities and/or services regarding education, health, housing, sanitation, environment, sustainability of natural resources, public transportation, circulation and traffic, tourism, preservation of archeological and historical monuments, culture, recreation, and sports, according to law.
9. To initiate legislation on pertinent matters and issues within their jurisdiction.
10. To execute other functions inherent to their authority, according to law.

Article 196

The property and revenue of municipalities are the following:

1. Their own chattels and real property.
2. Taxes created by law in their favor.
3. Municipal taxes, rates, duties, licenses, and levies created by municipal ordinances, according to law.
4. Economic benefits originated in privatizations, concessions, and services they offer, according to law.
5. Resources allotted from the Municipal Compensation Fund with a redistributive nature, according to law.
6. Specific fund transfers provided for in the annual Budget Act.
7. Resources resulting from natural resource royalties (canon).
8. Resources resulting from their financial operations, including those performed with a State guarantee, according to law.
9. Other resources determined by law.

Article 197

Municipalities promote, support, and regulate citizen participation in local development. Additionally, they offer citizen security services in cooperation with the National Police of Peru, according to law.

Article 198

The Capital of the Republic does not belong to any region. It enjoys special treatment in decentralization laws and in the Municipalities Act. The Metropolitan Municipality of Lima exerts jurisdiction within the territory of the province of Lima.

Likewise, municipalities located on border zones receive special treatment in the Municipalities Act.

Article 199

Local and regional governments are controlled by their own oversight bodies and by those other bodies set forth in the Constitution or any other statute. They are subject to control and supervision by the Office of the Comptroller General of the Republic, which executes a decentralized and continued oversight system. Such governments formulate their budgets with citizen participation, and are accountable for their annual execution, in accordance with the law.