This article examines the process of the progressive implementation of the new Criminal Procedural Code approved in 2004 in Peru, emphasizing the analysis of the content and scope of its article 18, which establishes the limits to the ordinary criminal jurisdiction for the knowledge of punishable acts, based on the constitutional recognition of the denominated indigenous special jurisdiction or communal jurisdiction established in article 149 of the Political Constitution of Peru of 1993, which ultimately raises various issues between the communal jurisdiction and the legal recognition of the attribution to solve conflicts by the peasant rounds, as well as the generation of potential factors of competence conflict between the ordinary criminal jurisdiction and the communal justice.

This article analyzes the legal grounds (legal nature, general aspects and scope) of the protection of rights, a very new institution within the criminal procedural scope, introduced by article 71, subsection 4 of the Criminal Procedure Code of 2004. Finally, it concludes by questioning the specific nature of the legally protected rights according to a systematic interpretation of the provision that regulates it.

This article examines the process of the progressive implementation of the new Criminal Procedural Code approved in 2004 in Peru, emphasizing the analysis of the content and scope of its article 18, which establishes the limits to the ordinary criminal jurisdiction for the knowledge of punishable acts, based on the constitutional recognition of the denominated indigenous special jurisdiction or communal jurisdiction established in article 149 of the Political Constitution of Peru of 1993, which ultimately raises various issues between the communal jurisdiction and the legal recognition of the attribution to solve conflicts by the peasant rounds, as well as the generation of potential factors of competence conflict between the ordinary criminal jurisdiction and the communal justice.

This article analyzes the legal grounds (legal nature, general aspects and scope) of the protection of rights, a very new institution within the criminal procedural scope, introduced by article 71, subsection 4 of the Criminal Procedure Code of 2004. Finally, it concludes by questioning the specific nature of the legally protected rights according to a systematic interpretation of the provision that regulates it.