Peruvian Law
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Peruvian Law
The law of Peru includes a constitution and legislation. The law of Perú is part of the Roman-Germanic tradition that concedes the utmost importance to the written law, therefore, statutes known as leyes are the primary source of the law. Constitution The present constitution is that of 31 December 1993. Legislation The legislature is Congreso de la República del Perú. The gazette is called El Peruano, Diario Oficial. Legislation includes instruments called laws (Spanish: ley) and decrees (Spanish: decreto) List of legislation No Longer in force: *Penal Code of 1836 *Penal Code of 28 July 1924 *Civil Code of 1936 *Civil Procedure Code of 1912 *Constitution of 1978 *Commerce Code of 1902 (Only partially in force). Currently in force: *Civil Code of 1984 (Código Civil) *Code of Criminal Procedure of 1940 (Only for Lima) *Penal Code of 8 April 1991 (Legislative Decree No 635) *Decree Law 25418 of April 1992 *Legislative Decree No 822 of 23 April 1996 *Code of Criminal P ...
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Peru
, image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = Seal (emblem), National seal , national_motto = "Firm and Happy for the Union" , national_anthem = "National Anthem of Peru" , march = "March of Flags" , image_map = PER orthographic.svg , map_caption = , image_map2 = , capital = Lima , coordinates = , largest_city = capital , official_languages = Peruvian Spanish, Spanish , languages_type = Co-official languages , languages = , ethnic_groups = , ethnic_groups_year = 2017 , demonym = Peruvians, Peruvian , government_type = Unitary state, Unitary Semi-presidential system, semi-presidential republic , leader_title1 = President of Peru, President ...
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Congress Of The Republic Of Peru
The Congress of the Republic of Peru ( es, Congreso de la República) is the unicameral body that assumes legislative power in Peru. Congress' composition is established by Chapter I of Title IV of the Constitution of Peru. Congress is composed of representatives who sit in congressional districts allocated to each region, as well as two special districts, Lima Province and Peruvian citizens living abroad, on a basis of population as measured by the Peruvian Census in multi-member districts. The number of voting representatives is fixed by the Constitution at 130. Pursuant to the 2017 Census, the largest delegation is that of Lima Province, with 36 representatives. Due to broadly interpreted impeachment wording in the 1993 Constitution of Peru, the Congress can impeach the President of Peru without cause, effectively making the legislature more powerful than the executive branch. Corruption is widespread throughout Congress as legislators use their office for parliamentary ...
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El Peruano
''Diario Oficial El Peruano'' (''The Peruvian Official Newspaper'') is the official daily newspaper of Peru. The paper was founded on 22 October 1825 by Simón Bolívar although it changed names between the following decades and it was not published continuously since its inception. In addition to carrying news, all laws passed in Peru must be published by ''El Peruano''. It is currently edited by Delfina Becerra González. It is published by the Peruvian Company of Editorial Services SA - Editora Peru (''Empresa Peruana de Servicios Editoriales SA - EDITORA PERÚ''), a state enterprise under private law. The company was created as part of the national information system (''Sistema Nacional de Información'') established by ''Decreto Ley'' No. 20550 of 5 March 1974. This law included the various collective state media under a unified management, the majority of which returned to private ownership following the departure of the military regime from power. History Early decades ( ...
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Decree Law 25418
Decree Law 25418 is a highly controversial Peruvian law decreed in April 1992 by then-President Alberto Fujimori. The decree essentially provided the legal trappings for the coup d'état of April 5, 1992. The decree renamed the government, dissolved the Congress, gave the Executive Branch all legislative powers, suspended much of the Constitution, and gave the president the power to enact various reforms, such as the "application of drastic punishments" towards terrorists and the "moralization" of the Judicial Branch. Although Decree Law 25418 was patently unconstitutional, its last article read "the articles of the Political Constitution and the legal norms that oppose this Decree Law are suspended," giving the decree theoretical supremacy over the Constitution. The Peruvian Congress rejected this claim and swore Máximo San Román Máximo San Román Cáceres (born 14 April 1946) is a Peruvian mechanical engineer, businessman and former politician. He was President of Peru bet ...
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Supreme Court Of Peru
The Supreme Court of Justice is the highest judicial court in Peru. Its jurisdiction extends over the entire territory of the nation. It is headquartered in the Palace of Justice (Peru), Palace of Justice in Lima. Structure The supreme court is composed of three Supreme Sectors: *''Civil Sector'': Presides over all topics related to civil rights and commercial law. *''Criminal Sector'': Presides over all topics relating to criminal law *''Constitutional and Social Sector'': Presides over all topics relating to constitutional rights and labor law Integrated into the Supreme Court are the Supreme Speakers and Supreme Provisionary Speakers, who substitute the Supreme Speakers in case of absence. The Supreme Speakers are distributed into each one of the Supreme Sectors that the law establishes. The President of the Supreme Court and the Chief Speaker of the Office of the Control of the Magistrature are not integrated into any Supreme Sector. The Supreme Court consists of three perman ...
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Superior Courts Of Justice Of Peru
The Superior Courts of Justice or Superior Sectors of Peru are the second highest courts of the Judicial system of Peru. It is only second to the Supreme Court of Peru. There is one court for each Judicial District which more or less correspond with each of the 25 regions of Peru. A Superior Court is subdivided into smaller courts according to its speciality: *Civil Courts: have jurisdiction over all topics relating to Civil Rights excluding Family Law *Criminal Courts: have jurisdiction over crimes and other topics relating to Criminal law. *Labor Courts: have jurisdiction over topics relating to Labor law *Family Courts: have jurisdiction over topics relating to Family law *Commercial Courts: have jurisdiction over topics relating to Commercial law In the past, the Judicial District of Lima had an Administrative Contentious Court. This court disappeared because of administrative reasons, but is maintained open until its current cases are resolved. Courts that receive cases ...
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Courts Of First Instance Of Peru
The Courts of First Instance are the third hierarchic level organized in the judiciary of Peru. Each province has a Court of First Instance. Courts of First Instance are subdivided according to their specialty. The specialties that the courts are divided into are the following; *Civil: has jurisdiction over topics relating to Civil Rights with the exception of Family law *Criminal: has jurisdiction over all topics relating to Criminal law *Labor: has jurisdiction over all topics relating to Labor law *Family: has jurisdiction over all topics relating to Family law *Commercial: has jurisdiction over all topics relating to Commercial law Courts that receive cases from more than one of these categories are called Mixed Courts. Trials that originate in Courts of Peace, can be re-tried in these courts. Likewise, trials originating in these courts may be re-tried in Superior Courts. See also * Judicial System of Peru *Judicial Districts of Peru The Judicial Districts of Peru ar ...
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Courts Of Peace Of Peru
The Courts of Peace are the lowest hierarchic level in the judicial system of Peru. Each district in the country has a Court of Peace. Courts of Peace have jurisdiction over minor cases and cannot try criminals. They are not divided into specialties. Courts of Peace are divided into two types: * Licensed Courts of Peace, known simply as Courts of Peace, in which the judge is official and is officially licensed. * Unlicensed Courts of Peace, in which the judge is a citizen elected by the public. In addition to national law, the judge may decide based on justice and equality. These courts only exist in extremely rural areas where access to licensed judges is not possible. A licensed judge always has authority over an unlicensed citizen-judge. Cases originating in Courts of Peace can be re-tried in a Court of First Instance. References See also *Judiciary of Peru *Judicial Districts of Peru *Courts of First Instance of Peru The Courts of First Instance are the third hierarc ...
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Real Audiencia Of Lima
The Real Audiencia and Chancery of Lima ( es, Audiencia y Cancillería Real de Lima, links=no) was a superior court in the New World empire of Spain, located in the city of Lima, capital of the Viceroyalty of Peru. It was created on November 20, 1542 as was the viceroyalty itself, by the Emperor Charles V. The Audiencia began functioning in 1543 and initially had jurisdiction over the entire viceroyalty—virtually all of Spanish-controlled South America and Panama. Later other ''audiencias'' were established in the Viceroyalty. The Audiencia functioned until 1821 when the forces of José de San Martín entered Lima. Subsequent divisions In 1559 part of the territory of the Lima Audiencia was separated and given over to a new Audiencia of Charcas, and in 1563 an Audiencia of Quito was established with jurisdiction over the northern territories of the viceroyalty. By the time the ''Recopilación de Leyes de Indias'' was published in 1680, the territory of the Lima Audiencia was d ...
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College Of Advocates Of Lima
A college (Latin: ''collegium'') is an educational institution or a constituent part of one. A college may be a degree-awarding tertiary educational institution, a part of a collegiate or federal university, an institution offering vocational education, or a secondary school. In most of the world, a college may be a high school or secondary school, a college of further education, a training institution that awards trade qualifications, a higher-education provider that does not have university status (often without its own degree-awarding powers), or a constituent part of a university. In the United States, a college may offer undergraduate programs – either as an independent institution or as the undergraduate program of a university – or it may be a residential college of a university or a community college, referring to (primarily public) higher education institutions that aim to provide affordable and accessible education, usually limited to two-year associ ...
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Bar Association
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both. In many Commonwealth jurisdictions, the bar association comprises lawyers who are qualified as barristers or advocates in particular, versus solicitors (see ''bar council''). Membership in bar associations may be mandatory or optional for practicing attorneys, depending on jurisdiction. Etymology The use of the term ''bar'' to mean "the whole body of lawyers, the legal profession" comes ultimately from English custom. In the early 16th century ...
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New Laws
The New Laws (Spanish: ''Leyes Nuevas''), also known as the New Laws of the Indies for the Good Treatment and Preservation of the Indians (Spanish: ''Leyes y ordenanzas nuevamente hechas por su Majestad para la gobernación de las Indias y buen tratamiento y conservación de los Indios'', ''Laws and ordinances newly made by his Majesty for the governing of the Indies and the good treatment and preservation of the Indians''), were issued on November 20, 1542, by Charles V, Holy Roman Emperor (King Charles I of Spain) and regard the Spanish colonization of the Americas. Following denunciations and calls for reform from individuals such as the Dominican friar Bartolomé de Las Casas, these laws were intended to prevent the exploitation and mistreatment of the indigenous peoples of the Americas by the ''encomenderos'', by limiting their power and dominion over groups of natives. The text of the New Laws has been translated into English. Blasco Núñez Vela, the first Viceroy of Peru, ...
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