Chapter I Legislative BranchArticle 90
Legislative power resides in Congress. which consists of a single chamber. There are 120 congressmen, elected for a five-year term by means of an electoral process organized in accordance with the law. Candidates for the Office of President may not be on lists of congressional candidates. Vice presidential candidates may simultaneously be candidates for seats in Congress. In order to be elected to Congress, one must be a native-born Peruvian, at least 25 years old, and enjoy the right to vote, Article 91
The following may not be elected to Congress if they have not left office six months before the election:
1. ministers and deputy ministers, the comptroller general, and regional authorities;
2. members of the Constitutional Court, the National Council of the Magistracy, the Judicial Branch, the Ministry of Justice, the National Election Board, and the public defender;
3. the president of the Central Reserve Bank, the superintendent of banking and insurance, the superintendent of tax administration, the national superintendent of Customs, the superintendent of administrators of private pension funds; and
4. members of the Armed Forces and the National Police on active duty. Article 92
The office of congressman is a full-time post and members are therefore prohibited from holding any other post or practicing any profession or occupation during the time when Congress is in session. The office of congressman is incompatible with any other public office except that of Cabinet minister and, with previous authorization from Congress. service on special international commissions. The office of congressman is also incompatible with such positions as manager, proxy, representative, chief executive officer, attorney, majority shareholder, and members of the board of directors of enterprises which have contracts with the government for projects or supplying and provisioning, or which manage national income or perform public services. The office is also incompatible with similar posts in enterprises which, during the congressman's term, obtain concessions from the government, or with those in the credit and financial system that are supervised by the Office of Superintendent of Banking and Insurance. Article 93
Members of Congress represent the nation. They are not subject to any imperative mandate, nor may they be forced to answer questions. They are not responsible to any authority or organ of jurisdiction because of votes they cast or the opinions they express in exercising their duties. They may not be tried or taken prisoner without previous authorization from Congress or the Standing Committee from the time they are elected until a month after they leave office except in the case of flagrante delicto, in which case they are turned over to Congress or the Standing Committee within 24 hours so that their taking into custody and trial may or may not be authorized. Article 94
Congress drafts and approves its own bylaws, which have the force of law, elects members to serve on the Standing Committee and other committees. defines the organization and powers of congressional groups, manages its own finances, passes its budget, appoints and removes its officers and employees, and grants them the proper benefits in accordance with the law. Article 95
The legislative mandate is unrenounceable. Disciplinary sanctions which Congress imposes on its members and which entail suspension from their duties may H-61 exceed 120 (rays of the legislative term. Article 96
Any congressional representative may ask Cabinet ministers, the National Election Board, the Comptroller General, Central Reserve Bank, the Office of Superintendent of Banking and Insurance, and local governments and the institutions named by law for any information deemed necessary. The request must be made in writing and be in keeping with congressional bylaws. Failure to response results in legal liability. Article 97
Congress may initiate investigations into any matter of public interest. Appearance at the request of committees responsible for such investigations is compulsory under the same requirements observed in legal proceedings. In order to accomplish their purposes, such committees may have access to any information except that involving personal privacy, which may entail the lifting of bank and tax confidentiality. Their conclusions are not binding on jurisdictional organs. Article 98
The President of the Republic is required to make available to Congress however many members of the Armed Forces and National Police are requested by the president of Congress or the Standing Committee. The Armed Forces and National Police may not enter the floor of Congress without authorization from its president or the chairman of the Standing Committee. Article 99
It is the responsibility of the Standing Committee to accuse before Congress: the President of the Republic, members of Congress, Cabinet ministers; members of the Constitutional Court, the National Council of the Magistracy, the Supreme Court of Justice, Supreme Court prosecutors; the public defender and the Comptroller General of the Republic. for any violation of the Constitution or any crime committed while in office or for five years after they have left office. Article 100
It is the responsibility of Congress, without the participation of members of the Standing Committee, to decide whether or not to suspend the accused official, declare him ineligible for public office for up to 10 years, or remove him from his office. any other responsibility notwithstanding. During this process, the accused official has the right to defend himself and to have legal counsel when appearing before the Standing Committee and Congress. In the case of an accusatory resolution of a criminal nature, the prosecutor general riles a complaint with the Supreme Court within five days. The Criminal Supreme Court justice then initiates the preliminary investigation. Acquittal by the Supreme Court restores the political rights of the accused. The terms of the prosecutor's report and the writ initiating the preliminary investigation may not go beyond or reduce the terms of the congressional charges. Article 101
Members of the Standing Committee of Congress are elected by the latter. Their number tends to be proportional to that of the representatives in every parliamentary group and may not exceed 25 percent of the total number of congressmen. The Standing Committee has the following powers:
1. It appoints the Comptroller General acting on the President's recommendation;
2. It confirms the appointment of the president of the Central Reserve Bank and the Superintendent of Banking and Insurance;
3. It approves additional credits, transfers, and the financing of the nation's budget when Congress is in recess; and
4. It exercises the delegation of legislative powers conferred upon it by Congress. No matters relating to constitutional reform, the approval of international treaties, organic laws, the budget law and the law containing the nation's General Account may be delegated to the Standing Committee.
5. It also enjoys any other powers assigned to it by the Constitution or outlined in the congressional Bylaws. Article 102
Congress has the following powers:
1. to pass laws and legislative resolutions, as well as to interpret, modify or rescind those already existing;
2. to ensure respect for the Constitution and the law and do whatever is necessary to hold violators responsible;
3. to ratify treaties or international agreements in accordance with the Constitution;
4. to pass the Budget and 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 give its consent to foreign troops to enter the nation's territory providing the national sovereignty will in no way be affected;
9. to authorize the President of the Republic to leave the country; and
10. to exercise any other powers set forth by the Constitution and those inherent in the legislative function.
Chapter Il Concerning the Legislative FunctionArticle 103
Special laws may be passed because they are required by the nature of things, but not because of individual differences. No law may be retroactive except in criminal cases when it favors the defendant. A law may be rescinded only by another law. A law may also be declared invalid by virtue of its unconstitutionality. The Constitution does not protect abuse of the law. Article 104
Congress may delegate to the Executive Branch the povrer to legislate by means of legislative orders on the specific subject and for the term established by the authoritative law. Matters that may not be delegated are not to be delegated to the Standing Committee. In terms of their promulgation, publication, enforcement, and effects, legislative decrees are subject to the same standards as the law. The President of the Republic reports every legislative decree to Congress or the Standing Committee. Article 105
No bill may be sanctioned. without first being approved by the respective reviewing committee except for the exception mentioned in the congressional Bylaws. Bills sent to Congress by the Executive Branch and marked urgent have preference. Article 106
Organic laws will regulate the strpcture and operation of the government entities provided for in the Constitution, as well as other matters whose regulation by organic law is established by the Constitution. Organic laws in draft form are handled like any other law. The vote of over half of the legal number of members of Congress is required for their approval or modification.
Chapter III Concerning the Drafting and Promulgation of LawsArticle 107
The President of the Republic and members of Congress have the right of initiative in drafting laws. The same right is enjoyed in their own areas by the other branches of government, autonomous public institutions, municipalities, and professional schools. This is also true of citizens who exercise the right of initiative in accordance with the law. Article 108
A law passed in the manner set forth by the Constitution is sent on to the President of the Republic for promulgation within two weeks. If not promulgated by the President, it will be by the president of Congress or the chairman of the Standing Committee, whichever is appropriate. If 4he President of th-e Republic has observations to make concerning all or part of the law passed by Congress, he presents them to the latter within the aforementioned period of two weeks. Once the law has been reconsidered by Congress. the president of Congress promulgates it with the vote of over half of the legal number of the members of Congress. Article 109
A law takes effect on the day after its publication in the DIARIO OFICIAL unless the law itself postpones its enforcement entirely or in part.
Chapter IV Executive BranchArticle 110
The President of the Republic is the Chief of State and personifies the Nation. In order to be elected President, a person must be a native-born Peruvian, over 35 years of age at the time of his candidacy, and enjoy the right to vote. Article 111
The President of the Republic is elected by direct suffrage. The candidate obtaining over half of the votes is elected. Altered or blank votes are not counted. If none-of the candidates obtains an absolute majority, a runoff election is held within 36- days following the proclamation of the official count between the two candidates obtaining the highest relative majorities. Two Vice Presidents are to be elected at the same time as the President, based on the same requirements and for the same term. Article 112
The presidential term of office is for five years. The President may be reelected immediately for -a second term. Following at least one more constitutional term, the former president may run again, subject to the same conditions. Article 113
The Office of President falls vacant as a result of-
1. the President's death;
2. his permanent mental or physical incapacitation, declared by Congress;
3. Congress' acceptance of his resignation;
4. his departure from the national territory without permission from Congress or his failure to return within the time agreed upon; and
5. his removal after having been sanctioned for any of the violations mentioned in Article 117 of the Constitution. Article 114
The exercise of the Office of President is suspended by:
1. the temporary incapacitation of the President, declared by Congress; or
2. his trial in accordance with Article 117 of the Constitution. Article 115
In the case of a temporary or permanent incapacitation of the President of the Republic, his duties are taken over bv the First Vice President or, in his absence, the Secon~ Vice President or, in the absence of both, the President of Congress. If the incapacitation is permanent, the President of Congress immediately calls an election. When the President leaves the national territory, he is replaced by the First Vice President or, in his absence, the Second Vice President. Article 116
The President of the Republic is sworn into office before Congress on 28 July of the election year. Article 117
During his term of office, the President of the Republic may on1v be accused of. treason. preventing presidential, congressional, regional, or municipal elections; dissolving Congress not in accordance with Article 134 of the Constitution; and preventing its convening or operation or that of the National Election Board or other entities involved in the election process. Article 118
It is the duty of Me President ofthe Republic to:
1. obey and ensure obedience to the Constitution and all treaties, laws, and other legal provisions;
2. represent the government at home and abroad;
3. direct the government's general policy;
4. guarantee the nation's domestic order and external security;
5. call elections for the Office of President of the Republic and congressional representatives, as well as for the offices of mayor and councilman and other officials, as stipulated by law;
6. convene Congress in special session and, in this case, sign the convocation,
7. end messages to Congnss at any time but, obligatorily, a written, personal message when the first regular session of the year convenes. Annual messages are to contain a detailed report on the state of the nation and on whatever improvements and reforms the President deems necessary and suitable for consideration by Congress. Except for the first, the President's messages are approved by the Cabinet.
8. exercise the power of regulating laws without violating or distorting them and, within these limits, issue orders and resolutions;
9. comply and ensure compliance with the rulings and resolutions of jurisdictional organs; Article 121
The ministers meeting as a group form the Cabinet. Its organization and duties are determined by law. The Cabinet has its Prime Minister. It is the task of the nation's President to preside over the Cabinet when he convenes it or when he attends its sessions. Article 122
The President of the Republic appoints and removes the Prime Minister. He appoints and removes other ministers upon the recommendation and with the approval of the Prime Minister. Article 123
It is the responsibility of the Prime Minister, who may be a minister without ponfolio be, after the President of the Republic, the authorized spokesman for government policy;
2. coordinate the duties of the other ministers: and
3. approve legislative orders, emergency orders, and other orders and resolutions set forth by the Constitution and the law. Article 124
In order to be a Cabinet minister, one must be a native-born Peruvian, a citizen, and at least 25 years of age. Members of the Armed Forces and the National Police may be ministers. Article 125
The Cabinet has the power to:
1. approve bills which the President submits to Congress;
2. approve legislative orders and emergency orders issued by the President of the Republic, as well as bills and other orders and resolutions set forth by law;
3. deliberate on matters of public interest; and
4. perform any other duty-en-irusted to it by the Constitution and the law.Article 126
Anv Cabinet resolution must be approved by a majority of its members and so state. Ministers may not hold any other public office but legislative. Ministers may not manage their own interests or the interests of third parties. engage in activities for profit. or be involved in the administration or management of private enterprises or associations. Article 127
There are no acting ministers. The President may ask a minister to take the place of another, but while retaining his own post and for no more than 30 days, such duties not being transferrable to other ministers. Article 128
Ministers are responsible individually for their own acts and for presidential acts which they approve. All ministers are collectively responsible for criminal acts or acts that violate the Constitution or other laws committed by the President of the Republic or that were approved by the Cabinet, even if they make an exception of their vote, unless they immediately resign. Articte-129
The Cabinet as a whole or the ministers individually may attend sessions of Congress and participate in the debate with the same prerogatives as members of Congress except that of voting if they are not congressmen. They may also attend when they are invited for the purpose of providing information. The Prime Minister or at least one of his ministers periodically- attends the full sessions of Congress during questioning periods.
Chapter VI Concerning Relations With the Legislative Branch Article 130
Within 30 days of assuming office, the Prime Minister must go to Congress accompanied by the other Cabinet ministers for the purpose of presenting and debating the government's general policy and the main legislative measures required, proposing them as a question of confidence. if Congress is not in session, the President will call a special session. Article 131
Whenever Congress calls upon the Cabinet or any of the ministers to challenge them, their attendance is required. The challenge must be in writing and submittid by at least 15 percent of the legal number of members of Congress. In order for the challenge to be admitted, a vote of at least onethird of the number of qualified representatives is required. A vote will be taken at the following session. Congress sets the day and time for ministers to respond to the challenge. wl~ich cannot take place or be voted upon before the third or after the tenth day of its acceptance. Article 132
Congress validates the political responsibility of the Cabinet or of ministers separately through a vote of censure or a "No" vote on the question of confidence. The latter may take place only through the initiative. Any motion of censure targeting the Cabinet or any minister must be introduced by at least 25 percent of the legal number of members of Congress. Debate and voting take place between the fourth and tenth day after its introduction. Passage requiies the vote of over half the legal number of members of Congress. The censured Cabinet or minister must resign. The President of the Republic accepts the resignation within 72 hours. The failure of a ministerial initiative does not force the minister to resign unless passage was made the subject of a vote of confidence. Article 133
The Prime Minister may present a matter of confidence to Congress on behalf of he Cabinet. If it is rejected or censured or if he resigns or is removed by the President, a total Cabinet crisis results.Article 134
The President has the power-to dissolve Congress if the latter has censured or refused to give a vote of confidence to two Cabinets. The dissolution order contains a call for elections for a new Congress. Such elections are to be held within four months of the date of dissolution, without any alteration in the existing election system. Congress may not be dissolved during the last year of his term. Once Congress is dissolved, the Standing Committee continues to function and cannot be dissolved. There is no other way to revoke the parliamentary mandate. Congress may not be d-issolved under a state of siege. Article 135
When the new Congress convenes, it may censure the Cabinet or deny it a vote of confidence after the Prime Minister has presented to Congress the acts of the Executive Branch during the parliamentary interregnum. During that interregnum, the Executive Branch legislates by emergency orders which it submits to the Standing Committee for it to examine and pass on to Congress once it has convened. Article 136
If elections are not held within the stated time, the1im its powers, and suspend the Cabinet. None of the members of the latter may be appointed to any ministry again during the presidential term. The Congress elected on a special basis replaces the previous body, including the Standing Committee, and serves out the constitutional term of the dissolved Congress.
Chapter VII Concerning the State of EmergencyArticle 137
The President of the Republic, acting with the consent of the Cabinet, may, for a specific period of time, in all or part of the territory, and while reporting to Congress or the- Swding Committee, orcicr the type of state of emergency outlined in this article:
1. a state of emergency in the case of disturbances of the peace or the domestic order, disasters, or serious circumstances affecting the life of the nation. Under such conditions, constitutional rights relating to personal freedom and security, the inviolability of the home, and the freedom to assemble and more about within the territory, as provided in paragraphs 9. 11, and 12 of Article 2 and paragraph 24 of the same article, may be curtailed-or suspended.- Under no circumstances may the punishment of exile be imposed. The state of emergency may not exceed 60 days. Its extension requires a new order. Under a state of emergency, the Armed Forces assume control of domestic law and order when the President of the Republic so orders.
2. a state of siege in the case of invasion, foreign or civil war, or the imminent danger that such an event might occur, accompanied by a specific list of the fundamental rights that are not curtailed or suspended. Such a state of siege may not exceed 45 days. When a state of siege is declared, Congress has the right to convene. Its extension requires congressional approval.
Chapter VIII The Judicial BranchArticle 138
The power to administer justice e manates from the people and is exercised by the Judicial Branch through its hierarchical organs based on the Constitution and the law. in any trial. in the case of incompatibility between a constitutional standard and a legal standara. judges are to rule by the former. Likewise. they will rule by the legal stand-ari over any other lower-raniing standard. Article 139
The jurisdictional function has the following principles and rights:
1. sole, exclusive right to the jurisdictional function. There does not exist, nor may there be established, any independent jurisdiction except arbitration and the military courts. Trial by committee or delegation is prohibited.
2. independence in the exercise of the jurisdictional function. No authority may take over cases pending before the jurisdictional organ or interfere in the exercise of its functions. Nor may it fail to enforce resolutions that have been supported, halt proceedings under way, modifv sentences. or delay their execution. These provisions do not affect the right to pardon or Congress' power of investigation, the exercise of which must nevertheless not interfere in the jurisdictional proceedings or have any jurisdictional effect.
3. the observance of due process and protection of the law. No person may be diverted from a jurisdiction predetermined by the law, subjected to proceedings other than those previously established, or tried by special courts or commissions created for the purpose, whatever the denomination.
4. publicity of trials, unless otherwise stipulated by law. Trials involving the responsibility of public officials, crimes committed through the press, and those involving fundamental rights guaranteed by the Constitution are always public.
5. written motivations of judicial resolutions in all instances except merely procedural decrees, with express mention of I-he applicable law and the de facto .grounds on which thcy are based.
6. the plurality of the action.
7. damages in the manner prescribid by law for legal errors in criminal trials and arbitrary arrests, proper responsibility notwithstanding.
8. the principle of not allowing justice to be administered by a legal vacuum or deficiency. In such cases, the general principles of law and common law must be applied.
9. the principle of the inapplicability by analogy of that limit rights.
10. the principle of not being punished without a trial.
11. appbotion of the law most favorable to the defendant in the case of doubt or conflicting criminal laws,
12. the principle of not being convicted in absentia.
13. the ban on reopening closed cases with a writ of execution. Amnesty, pardon, final stays, and prescription produce the same effect as judgments.
14. the principle of not being deprived of the right of dckose at any stage of the trial. Every person is to be notified immediately and in writing of the causes or reasons for his arrest. 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 authorities.
15.the principle that every person must be informed immediately and therauses or reasons for his arrest.
16. the principle of the free administration of justice and free defense for persons of limited means and for everyone in cases stipulated by law.
17. the people's participation in the appointment and removal of judges, in accordance with the law.
18. the obligation of the Executive Branch to provide cooperation in trials when required.
19. the ban on exercising the legal function by anyone not appointed in the manner prescribed by the Constitution or the law. Jurisdictional organs may not confer such a post, under penalty of liability.
20. the right of any person to formulate an analysis and criticism of judicial resolutions and judgments, with legal limitations.
21. the right of inmates and those convicted to be suitably housed.
22. the principle that the purpose of the prison system is the reeducation, rehabilitation, and reintegration of the convict into society. Article 140
The death penalty may be applied only for the crimes of treason in wartime and of terronsm, in accordance with the Im and treaties by which Peru is bound. Artide 141
The Supreme Court will rule on appeal or as the last resort when the proceedings are instituted in a Superior Court or before the Supreme Court itself in accordance with the law. Likewise, it will hear upon appeal the resolutions of 'Military Tribunals. with the limitations set forth in Article 173. Article 142
The resolutions of the National Election Board concerning election matters may not be reviewed, nor may those of the National Council of the Magistracy having do with Ile evaluation and confirmation o1judges. Article 143
The Judicial Branch is made up of jurisdictional organs that administer justice on behalf of the nation and by organs that exercise their government and administration. The jurisdictional organs are: the Supreme Court of Justice and the rest of the courts and jurisdictions determined by their charters. Article 144
The Chief Justice of the Supreme Court is also the head of the Judicial Branch. The Supreme Court in session is the highest organ of deliberation of the Judicial Branch. Article 145
The Judicial Branch submits its proposed budget to the Executive Branch and defends it before Congress. Article 146
The jurisdictional function is incompatible with any other public or private activity with the exception of teaching in a university when the court is not in session. Judges receive only the compensation assigned to them by the budget and income from teaching or other tasks expressly defined by law. The government guarantees court judges:
1. their independence. They must abide solely by the Constitution and the law.
2. irremovability, They may not be transferred without their consent.
3. continuation in service asJong as they observe proper conduct and are fit for office; and
4. compensation assuring them of a standard of living in keeping with their office and rank.Article 147
In order to be a Supreme Court Justice, one must:
I . be a native-born Peruvian;
2. be a practicing citizen;
3. be at least 45 years of age; and
4. have served as a Superior Court judge or a Superior Court prosecutor for 10 years, or have practiced Article 148
Administrative resolutions that definitely end a case may be challenged by administrative action.Article 149
Authorities of the Peasant and Native Communities, with the support of the Peasant Patrols, may exercise jurisdictional functions within their territory in accordance with common law, provided they do not violate the fundamental rights of the individual. The law sets forth the manner of coordinating that special jurisdiction with the Offices of Justice of the Peace and other instances of the Judicial Branch.
Chapter IX Concerning the National Council of the MagistracyArticle 150
The National Council -of the Magistracy is responsible for the selection and appointment of judges and prosecutors, except when the latter are elected by the people. The National Council of the Magistracy is independent and is governed by its charter. 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 purpose of their selection. Successful completion of the special studies required by the Academy is a requirement for promotion. Article 152
Justices of the Peace are elected by the people. That election. their requirements, jurisdictional performance, training, and continuing service are governed by law. The law may stipulate the election of judges of the first instance and determine pertinent mechanisms. Article 153
Judges and prosecutors may not engage in politics, join unions, or strike. Article 154
The duties of the National Council of the Magistracy include the following:
1. appointing judges and prosecutors at all levels based on merit examinations and personal evaluation. Such appointments require the affirmative vote of twothirds of the legal number of its members.
2. confirming judges and prosecutors at all levels every seven years. Those not confirmed may not be readmitted to the Judicial Branch or the Ministrv of Justice. The confirmation process is independent
3. applying the sanction of removal to Justices of the Supreme Court and prosecutors at the Supreme Court and, at the request of the Supreme Court or Board of Supreme Court Prosecutors respectively, judges and prosecutors of all instances. The final resolution, supported and following a hearing with the party in question, may not be challenged.
4. extending to judges and prosecutors the official title accrediting them.Article 155
The National Council of the Magistracy includes the following members, in accordance with the relevant law:
1. one elected by the entire Supreme Court voting by secret ballot;
2. one elected by secret ballot by the Board of Supreme Court Prosecutors;
3. one elected by the members of the country's Bar Associations by secret ballot;
4. two elected by secret ballot by the members of the country's other professional associations, in accordance with the law;
5. one elected by secret ballot by-the rectors of the national universities; and
6. one elected by secret ballot by the rectors of the private universities. The number of members of the National Council of the Magistracy may be expanded by the latter to nine, with two additional members elected by secret ballot by the Council itself from individual lists proposed by the institutions representing the labor and business sectors. Titular members of the National Council of the Magistracy are elected, together with their alternates, for a period of rive years. Article 156
The requirements for being a member of the National Council of the Magistracy are the same as those for being a Supreme Court Justice, except as provi4ed by Article 147, paragraph 4. A member of the National Council of the Magistracy enjoys the same rights and benefits and is subject to the same obligations and incompatibilities. Article 157
Members of the National Council of the Magistracy may be removed for grave cause by means of a congressional nassed with the affirmative votes. In order to be elected Public Defender, one must be at least 35 years of age and be an attorney. The term is for five years and is not subject to any special mandate. It has the same incompatibilities as Supreme Court Justices. Article 162
It is the duty of the Office of Public Defender to defend the constitutional and fundamental rights of the individual and the community and to ensure compliance with the duties of the government administration and the provision of public services to the citizens. The Public Defetider reports to Congress once a year and whenever the latter so requests. He may initiate laws. He may propose measures facilitating improved performance of his duties. The provided budget of the Office of Public Defender is submitted to the Executive Branch and defended by the Public Defender before it and Congress.
Chapter XII Concerning Security and National DefenseArticle 163
The government guarantees the nation's security by means of the System of National Defense. National Defense is integral, permanent, and conducted internally and externally. Every individual and corporation is required to participate in the national defense in accordance with the law. Article 164
The direction, planning. and execution of national defense are executed through a system whose organization and functions are determined by law. The President heads the System of National Defense. The law determines the scope and procedures of mobilization for the purposes of national defense. Article 165
The Armed Forces are comprised of the Army, Navy, and Air Force. Their prime purpose is to guarantee the nation's independence, sovereignty, and territorial integrity. They take control of domestic law and order in accordance with Article 137 of the Constitution. Article 166
The fundamental purpose of the National Police is to guarantee, maintain, and restore domestic law and order. They lend aid and protection to individuals and the community. They guarantee compliance with the law and the security of public and private property. They prevent, investigate, and fight crime. They guard and control the borders. Article 167
The President of the Republic is the Commander in Chief of the Armed Forces and the National Police. Article 168
The respective laws and regulations determine the organization, duties, areas of specialization, training, and use and govern the discipline of the Armed Forces and National Police. The Armed Forces organize their reserves and utilize them based on national defense needs, in accordance wilVthe law. Article 169
The Armed Forces and the National Police are not deliberative bodies. They are subordinate to constitutional power. Article 170
The law assigns funds allocated for the logistical requirements of the Armed Force and the National Police. Such funds must be devoted exclusively for institutional purposes, under the control of the authority stipulated by law. Article 171
The Armed Forces and National Police participate in the country's economic and social development and in civil defense in accordance with the law. Article 172
The Executive Branch determines the size of the Armed Forces and National Police annually. Their funding is approved in the budget. Promotions are conferred in accordance with the law. The President grants the promotions of generals and admirals in the Armed Forces and of generals in the National Police, on the recommendation of the institution in question. Article 173
In case of crimes committed while on duty, members of the Armed Forces and National Police are turned over to their respective jurisdictions and the Code of Military Justice. The latter's provisions are not applicable to civilians except in the case of crimes of treason and terrorism as determined by law. The appeal to which Article 141 refers is applicable only when the death penalty is imposed. Anyone violating the standards of Compulsory Military Service is also subject to the Code of Military Justice. Article 174
Ranks and honors, pay, and retirement pensions for officers in the Armed Forces and the National Police are equivalent. The law establishes the corresponding equivalencies for career military or police personnel without any officer's rank or place in the hierarchy. In both cases, the rights set forth may be taken away from their holders only by a court ruling. Article 175
Only the Armed Forces and National Police may possess and use the weapons of war. All those that exist, as well any that are manufactured or brought into the country, become government property without any legal process or compensation. The manufacture of weapons of war by private industry in cases defined by law is excepted. The law regulates the manufacture, trading, possession and use by private parties of weapons other than for war.
Chapter XIII Concerning the Electoral SystemArticle 176
The purpose of the electoral system is to ensure that voting expresses the free, authentic, and spontaneous will of the citizenry and that elections are an exact and timely reflection of the will of voters expressed at the polls by direct suffrage. Its basic function is the planning, organization, and execution of the election or referendary processes or other consultations of the people; the maintenance and safekeeping of a single record of identification of persons; and a record of acts modifying their civil status. Article 177
The electoral system is comprised of the National Election Board, the National Office of Election Procedures, and the National Identification and Civil Registry. They are autonomous and coordinate their work in accordance with their authority. Article 178
It is the task of the National Election Board to:
1. oversee the legality of suffrage and the conduct of election, referendary, and consultative processes, as well as the constitution of election rolls;
2. maintain and ensure the safekeeping of the registry of political organizations;
3. ensure compliance with standards governing political organizations and other provisions having to do with
4. administer justice in electoral matters,
5. proclaim the candidates elected, the result of the referendum or other consultation, and issue the corresponding credentials; and
6. perform any other task provided by law. In election matters, the National Election Board may initiate laws. It submits to the Executive Branch the proposed budget for the election system with separate entries for every entity in the system. It defends the budget before the Executive Branch and Congress. Article 179
The highest authority of the National Election Board is a plenum made up of five members:
I . 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 from the Supreme Court heads the National Election Board.
2. one elected by secret ballot by the Board of Supreme Court Prosecutors from among the retired or active Supreme Court prosecutors. In the latter case, the elected member is granted leave.
3. one elected by secret ballot by the Lima Bar Association ffom among its members;
4. one elected by secret ballot by the deans of the Law Schools of the national universities from among their former deans; and
5. one elected by secret ballot by the deans of the Schools of Law of the private universities from among their former deans. Article 180
Members of the National Election Board plenum may not be under 45 years of age or over 70. They are elected for a four-year term and may be reelected. The law establishes the manner of alternating elections every two years. The office is a remunerated, full-time post. It is incompatible with any other public office except for part-time teaching. No one may be a member of the Board plenum who is a candidate for elective office, citizens holding national leadership posts in political organizations, or those who have held such posts during the four years preceding their candidacy. Article 181
The National Election Board plenum evaluates the facts conscientiously. It resolves issues based on the law and general legal principles. In matters relating to elections, referenda, or other consultations. its resolutions are handed down as final and definitive and may not be. Article 182
The head of the National Office of Election Processes is appointed by the National Council of the Magistracy for a renewable four-year term. He may be removed by the Council itself for serious misconduct. He is subject to the same incompatibilities that govern members of the National Election Board plenum. It is his task to organize all election, referendary, and other consultative processes, including their budget, and to draft and design the voting card. It is also his task to deliver certificates of election and other materials needed for elections and to publicize results. He provides continuing information on vote-counting from the time voting starts at the polls. He performs any other duties outlined by law. Article 183
The head of the National Identification and Civil Registry is appointed by the National Council of the Magistracy for a renewable four-year term. He may be removed by the Council for serious misconduct. He is subject to the same incompatibilities outlined for members of the National Election Board plenum. The National Identification and Civil Registry is responsible for the registration of births, marriages, divorces, deaths, and other acts modifying civil status. It issues the appropriate certificates. It keeps and updates election rolls. It provides the National Election Board and National Office of Election Processes with the information they need to perform their duties. It maintains the identification records of citizens and issues documents proving their identity. It performs any other duties outlined by law. Article 184
The National Election Board declares the nullity of an election process, referendum or any other consultation when the sum total of voided or blank votes, combined or separately, exceeds two-thirds of the number of votes cast. The law may established different ratios for municipal elections. Article 185
In any election. referendum, or any other type of consultation, votes are counted publicly and uninterruptedly at the polls. There may be a recount only in cases of a material error or challenge, which are resolved actording to the law. Article 186
The National Office of Election Processes issues the instructions and provisions needed to maintain order and protect personal freedom during elections. These provisions must be complied with by the Armed Forces Article 187
In pluripersonal elections, there is proportional representation in accordance with the system established by law.The law contains special provisions to facilitate the voting of Peruvians residing abroad.
Chapter XIV Concerning Decentralization, the Regions, and MunicipalitiesArticle 188
Decentralization is a continuing process whose purpose is the overall development of the country.Article 189
The nation's territory divided into regions, departments, provinces, and districts , in whose subdistricts unitary government is exercised in a decentralized, deconcentrated manner. Article 190
The regions are set up by the initiative and mandate of the people belonging to one or more adjacent departments. Contiguous provinces and districts may also integrate or change constituencies In both cases, a referendum At be held in acdordafice with the law. Article 191
Provincial and district municipalities and those delegated in accordance with the law are the organs of local government. They have political, economic, and administrative autonomy in matters within their competency. Nonnative and supervisory duties are the responsibility of the Council, while the Office of Mayor has executive duties. Their mandate is revocable but irrenounceable. They enjoy the prerogatives set forth by law. Article 192
The municipalities have competency to:
1. approve their internal organization and budget;
2. administrate their property and revenue;
3. create, modify, and eliminate taxes, rates, judgments, licenses, and municipal duties;
4. organize, regulate, and administer local public services under their responsibility;
5. plan the urban and rural development of their districts and execute the corresponding plans and
6. participate in the management of the activities and services inherent in government, in accordance with the law; and
7. any other duties determined by law.Article 193
The municipalities' property and revenue include:
1. their own property and incotpe;
2. taxes created by law in their behalf-,
3. taxes, rates, judgments, licenses, and duties within their competence created by their Council;
4. the assigned resources of the Municipal Compensation Fund created by law according to municipal tributes;
5. budget transfers from the Central Government;
6. resources belonging to them according to the law; and
7. other resources determined by law.Article 194
Municipalities mayjoin togetherordraw up cooperative agreements for the completion of projects and the provision of common scxvices. Article 195
The law regulates the cooperation of the National Police with municipalities regarding the safety of citizens. Article 196
The national capital, provincial capitals that are metropolitan areas, and departmental capitals located on the border have a special regime in the Charter Governing Municipalities. The same treatment governs the Constitutional Province of Callao and the border provinces. Article 197
The regions have political, economic, and administrative autonomy in matters within their competence. Within their jurisdiction, they are responsible for the coordination and execution of regional socioeconomic plans and programs and the management of activities and services inherent in government, in accordance with the law. Their own property and revenue are established by law. The regions support local governments. They do not take their place or duplicate their action or competency. Article 198
The regions and their specific luricuons are governed by the president and Regional Coordinating Council are the highest regional authorities. The president of the region is elected by direct suffrage for a five-year term. He can be reelected. His term is revocable, but irrenounceable. He enjoys the prerogatives set forth by law. The Regional Coordinating Council is made up of the number of members stipulated by law. Provincial mayors or their representatives are legal members of that Council. Article 199
The regions and municipalities are accountable for the execution of their budget to the Office of Comptroller General. They are audited in accordance with the law.