Peruvian military police jurisdiction

The Peruvian Constitution establishes the principle of judicial unity and exclusivity under Article 139(1) Verified Answer #1. This principle mandates that the ordinary judiciary is the default forum for justice, while parallel jurisdictions remain exceptional Verified Answer #1. Article 139(2) further protects the independence of these jurisdictional bodies Verified Answer #1. However, Article 173 provides a specific exception, allowing military-police jurisdiction for active-duty members of the Armed Forces and National Police who commit delitos de función, or service-related offenses Verified Answer #1.

2026 Legislative Reform

In June 2026, a legislative reform was passed that grants exclusive jurisdiction to military-police tribunals over crimes committed in the performance of duty Verified Answer #2. This reform includes a mandate to archive civilian-led investigations into common crimes involving security personnel Verified Answer #2. Legal experts argue that granting exclusive jurisdiction based solely on "on duty" status or personnel status conflicts with constitutional principles of judicial unity Verified Answer #1. The reform is considered constitutionally defensible only if it is strictly limited to true function-related offenses rather than ordinary crimes or human rights violations Verified Answer #1.

Institutional and Political Context

The 2026 reform is characterized as a core component of institutional consolidation under the administration of Keiko Fujimori Verified Answer #2. Evidence from July 2026 suggests the reform is part of a legislative agenda intended to secure impunity for security forces Verified Answer #2. This agenda aims to cement political support from military and police institutions during the presidential transition following the June 7, 2026, run-off election Verified Answer #2.

Legal and Human Rights Implications