POLICIA NACIONAL DEL PERÚ

ESCUELA NACIONAL DE FORMACIÓN PROFESIONAL

POLICIAL
ESCUELA DE OFICIALES DE LA PNP
“ALFEREZ PNP MARIANO SANTOS MATEOS”

TEMA: ACTA POLICIAL CON UN CASO DE INTERVENCIÓN

CATEDRÁTICO:
PRESENTADO POR:

CIP: 410877
SECCIÓN: ‘G’
ASIGNATURA: Ingles
PROMOCIÓN: COMBATIENTES-PERFECCIÓN

LIMA – PERÚ
2022
 DEDICATION

To God for being my guide and my light. To my parents, who have always

supported me and have been the fundamental pillar of my education. To all the people

whose advice accompanied me on this long road.

THANK YOU

To God for taking me by the hand and helping me to achieve this important and

desired goal. To my parents who have always been consistent. To my family for being

my support. To my house of study for guaranteeing my academic formation. To my

professors for giving me all their knowledge. To the National Police of Peru for helping

me achieve this professional goal.

ÍNDICE
 INTRODUCTION

As is well known, police training schools do not provide training in accordance

with the reality we live in today. However, there are strenuous efforts to change this,

although there is no emphasis on what is really necessary in a country where impunity

is rampant: the correct formulation of the documentation proper to the police function.

It is not strange for those who are part of the PNP to say that the police officer is

trained in the street or, as it is said in police slang, "when you are where the chips are

on the table". It follows that our police officers have an apprenticeship based on practice

and on the inheritance of knowledge from their elders. However, there is a lack of

theoretical knowledge related to their limits as operators of justice and the formalities

they must observe in their actions are unknown.

This article will therefore deal with a mistake made by members of the police

when drafting an intervention report, where they try to record as much information as

possible: the erroneous recording in the report of the versions of the participants in the

procedure (victim, victim and/or witnesses), who describe what happened as they wish

and as they see fit.

 CHAPTER I:

THEORETICAL FRAMEWORK

1.1. Transgendered norms

A police report is not a document that authorizes the intervening personnel to record the

statements (versions) of the participants, since this procedure (statement) has its own

established formalities that must be respected in order to be considered valid and which

are set forth in articles 71 and 87 of the Code of Criminal Procedure.

Likewise, in accordance with the provisions of Article 2, paragraphs 18, 19 and 24-e of

the Constitution, the accused has the right to

- To keep his political, philosophical, religious or any other kind of convictions

confidential, as well as to maintain professional secrecy.

- To use his own language before any authority by means of an interpreter.

- To be considered innocent until his or her responsibility has been judicially declared.

Regarding this, the PNP also has the Directive for police intervention in flagrante delicto

(Directive 03-04-2016-DIRGEN-PNP/EMG-DIRASOPE-B3), which provides that "The

record shall reflect how the fact subject to intervention took place, attaching the reports

made".

Likewise, the Police Documentation Manual approved by R.D.

776-2016-DIRGEN/EMG-PNP conceptualizes the minutes as "the detailed description

of an action or event related to the police function whose purpose is to record what

happened". That is to say, to clearly and precisely indicate the development of the entire

intervention, chronologically describing the events that took place and the procedures
carried out, without stating the versions of those present, which can be summarized in

the phrase "the intervention report is of facts and not of statements".

1.2. Antecedent of the nullity of the report

The Fourth Court of Preparatory Investigation in Addition to the Court of Preparatory

Investigation Specialized in Environmental Crimes of the Judicial District of Cusco

issued Resolution 2 of August 22, 2018, related to the request for protection of rights

filed by the attorney of an intervened party, for having violated the right to defense of the

latter, as the version of the intervened party was recorded in the police intervention

record.

The request for protection of rights was declared well-founded and, therefore, the police

report was excluded from the evidentiary material for the criminal proceeding.

1.3. Police Intervention in Flagrante delicto

In order to understand police intervention in flagrante delicto, it is necessary to start

from the Peruvian Constitution, which contains article 2, paragraph 24, literal f, which

prescribes with respect to detention in flagrante delicto that: No one can be detained

except by written and motivated order of the judge or the police authorities in case of

flagrante delicto; therefore the police find their legal support to deprive a legal subject of

his freedom, when he commits flagrante delicto.

It can be inferred that police intervention in flagrante delicto, is nothing more than the

deprivation of liberty of a person who commits a crime; in this order of ideas it is

objectively appreciated that all police officers must have clear basic concepts such as

how a crime is configured and when we would be talking about flagrante delicto.

Likewise, the PNP finds legal support not only in our Magna Carta, but also in Article

259° of the NCPP, which prescribes that the National Police of Peru will arrest, without

a warrant, anyone caught in flagrante delicto; as well as in Article 3, paragraph 4 of

Legislative Decree No. 1267, which supports the police's right to arrest in flagrante

delicto, as well as in Article 3, paragraph 4, of Legislative Decree No. 1267, which

supports the police's right to arrest in flagrante delicto. This has made it more than clear

that the intervention in flagrante delicto obeys the mandate of the laws, and as it is well

known, article 166 of the Magna Carta, objectively prescribes that the PNP guarantees

compliance with the laws.

1.1.1. Preliminary proceedings in criminal flagrancy

Preliminary proceedings are regulated in article 330 of the Code of Criminal Procedure,

from whose content it is understood that the prosecutor requires this police action or

can carry them out by himself, to determine the formalization of the complaint; that is, to

move on to the second sub stage, which would be the formalized preparatory

investigation; it can also be seen in the adjective code, that the purpose of these

proceedings is to carry out urgent and unpostponable acts, aimed at determining the

unlawful acts, ensuring the elements of their commission, individualizing those involved

and that they are secured.

In this regard Arana, (2014) mentions that: The concept of preliminary proceedings is a

broad concept that alludes to all actions prior to the promotion of the criminal action and

does not necessarily refer to the investigative proceedings regulated by Article 330 of

the NCPP. Thus, for example, if before formalizing the preparatory investigation the

prosecutor convenes a hearing to apply the principle of opportunity or for the victim and

the defendant to reach a preparatory agreement, they are not arranging investigative

diligence or acts, but these do not cease to be preliminary proceedings, since they

occur before the formalization of the preparatory investigation (p.69).

1.1.2. Flagrante delicto (Flagrant crime)

Its concept is contained in Article 259 of the Code of Criminal Procedure, the same that

is closely related to police custody, in this regard: Villegas and Coronado, (2015),

argues that detention is considered as a personal precautionary measure, the same that

restricts the freedom of movement, involves leading a person from one place to another

even against his will, one of the modalities of detention is the police in flagrante delicto.

In the national case, the norms are evolving and being nurtured due to changes in

international procedural norms, where changes are observed that lead to legal certainty

in the clarification of flagrant crimes. In this order, police officers are in charge of arrests

in case of flagrante delicto, being the Public Prosecutor's Office and the preparatory

investigation judges, who determine the legality of these arrests made by police officers

in case of flagrant criminal events.

1.1.3. . Procedures for police interventions in flagrante delicto

The procedures for interventions in flagrante delicto, as time has passed, have been

developed consecutively as the cases were occurring and reforms were made to the

various articles in force with the purpose of carrying out a better performance in the

interventions:

Firstly, after having been reformed on August 30, 2015, Articles 446°, 447° and 448° of

the adjective code, relating to the Initiation of the Immediate Process in cases of

flagrante delicto, through Legislative Decree No. 1194.

In this order of things, in this first protocol we have that 1st before the warning of a fact

that constitutes flagrante delicto - with the assumptions contained in the articles of the

law -, the first protocol must be applied in cases of flagrante delicto.

2) The PNP will proceed with his personal search, seizing evidences related to the

crime, initiating the respective chain of custody, 3) isolation of the crime scene for the

preservation of the indications and possible evidences until the arrival of the DIRCRI

personnel (criminalistic direction), 4) and 5) the rights of the detainee will be

communicated and informed by means of an official record; 6th the Public Prosecutor's

Office will be informed about the arrest in flagrante delicto and communicate to the

specialized unit when appropriate; 7º the minutes of the police intervention shall be

drawn up at the place of the facts, unless for exceptional reasons they have to be drawn

up at the police station; however, the reasons that led to such a decision shall be

recorded in the minutes; 8º the detainee will be placed at the disposal of the police

station or specialized unit with the documentation and the chain of custody; 9º the
person in charge of the police unit must verify the conformity of the minutes and

evidence that are made available, immediately requesting the respective legal

examination of the investigated person (Forensic Medical Examination).

1.1.1. Infringement of the Right of Defense of the investigated person

The Plenary Agreement No. 02-2012/CJ-116, emphasizes two types of rights related to

the Right of Defense, which are called instrumental rights, which is nothing more than

the right to the assistance of counsel, the use of evidence, not to testify against oneself,

and not to plead guilty; likewise the second is called substantive rights, which are called

as a basic presupposition of the due exercise, which are stipulated in Article 71 of the

adjective code.

The Right of Defense is a principle and a guarantee of the jurisdictional function, the

principle of not falling into a state of defenselessness at any stage of the process. From

the moment a criminal charge is brought against an individual, the unrestricted right of

defense applies. From an extended interpretation, both in the preliminary investigation

and in the criminal proceeding itself. The right of defense in a broad sense, notes

Vasquez (1996), which includes being legally prosecuted in a regular and rational

process, with the opportunities and means to assert their positions, the right to be tried

without undue delay (Cited in Peña, 2018, p.318).

Likewise, Beloff and Perel (2008) point out that the right to defense implies: 1) that the

accused chooses a law graduate authorized to practice the profession to advise and

defend him -if he accepts the position-, from the very beginning of the process against
him or from the moment he is aware of the existence of an accusation against him; and

2) that if he cannot do so, the State provides him with one (Cited in Peña, 2018, p.318).

1.1.1.1.1. Article IX - Right to Defense

As Peña (2018) refers, that from the first moment in which an individual is accused of a

criminal nature, the right of defense immediately deploys its operative effects, in terms

of the possibility of the accused to deny and contradict the content of the criminal

accusation.

For his part, Peña (2018), refers that the right of defense 'can be understood, as

Gimeno Sendra points out, as the fundamental right of every defendant and his defense

counsel to appear immediately in the investigation and throughout the criminal

proceedings in order to be able to effectively answer the existing charge or accusation

against him, articulating with full freedom and equality of arms the acts of evidence,

postulation and challenge necessary to assert in the criminal proceedings the right to

freedom of every citizen who, not having been convicted, is presumed innocent.

1.1.1.1. Article 71 of the Code of Criminal Procedure

Within the right of defense of the investigated person there are a series of sub-types

that arise when a subject is deprived of his liberty for flagrante delicto; In this

investigation, Article 71 of the Code of Criminal Procedure prescribes the rights of the

person under investigation in that upon being detained, he/she has the right to be

informed of his/her rights (verbal and written), communication to a person or institution

of his/her detention, legal assistance from the initial acts of detention, non-incrimination,

not to be intimidated and to be examined by a forensic doctor when his/her state of

health so requires.

CAPÍTULO II:

CONCLUSIONS AND RECOMMENDATIONS

2.1. Conclusions

En ese sentido, es importante que los efectivos policiales, al momento de

proceder a redactar un acta de intervención policial, se limiten exclusivamente a

plasmar lo correctamente establecido en el los dispositivos legales vigentes y a narrar

hechos concretos y no excederse de sus funciones como consignar versiones de los

presentes.

En consecuencia, podemos concluir que el procedimiento jurídico, que realiza la

policía en las investigaciones, en la fase preliminar, en hechos flagrantes, no ha

logrado el castigo de la criminalidad debido a la vulneración del derecho fundamental

del Derecho de Defensa;

2.2. Recomendaciones

Con lo cual podemos concluir, que las funciones ejercidas indebidamente por el

personal policial, por el desconocimiento de sus reglamentos, en el marco de una

detención en flagrancia, deriva como factor para el aumento en el índice de

criminalidad, debido a la impunidad que se genera, ya que posteriormente a que estos

sujetos son absueltos en el proceso.

En consecuencia, se ha podido determinar que la falta de conocimiento en los

procedimientos establecidos en la normatividad vigente ha conllevado a una serie de

vulneraciones de los derechos de los investigados y en el caso materia de análisis e

investigación a la vulneración del derecho de defensa.

 BIBLIOGRAPHY

Enriquez, J. (2012). Informe Policial. Exégesis en el Nuevo Código Procesal Penal.

(Rivadeneyra., Ed.) Retrieved 12 de 09 de 2022.

Muller, J. (2021). Manual de Procedimientos Policiales en la Investigación del Delito –

Nuevo Sistema Penal Acusatorio. (AC, Ed.) Retrieved 12 de 09 de 2022.

Valdez, J. (2018). Informe Policial y su influencia en la formalización de la

investigación preparatoria en el marco del Modelo Procesal Acusatorio

garantista en el distrito judicial de Huaura, período 2016 – 2017. Retrieved 12 de

09 de 2022, from

http://repositorio.unjfsc.edu.pe/bitstream/handle/UNJFSC/2249/VALDEZ%20

Linkografía:

https://apropolperu.files.wordpress.com/2016/11/actas-policiales.pdf

https://lpderecho.pe/derechos-intervencion-policial/

https://revistes.ub.edu/index.php/ScriptaNova/article/view/15021