Autism Spectrum Disorder (ASD) involves the combination of various cognitive conditions that make interaction and communication diffi[1]cult for the person who presents it. That is, we are faced with an intellectual deficiency that qualifies as a disability, in accordance with the international instruments that regulate the matter. This situation makes its members vulnerable to ineffective state actions in different areas of development. The impossibility of obtaining a quick and timely diagnosis, through the competent institutions, not only aggravates their psychological condition, but also prevents them from being granted legal treatment according to their needs. Thus, even though, around 2014, in Peru, Law n.o 30150 was enacted, formally dedicated to the protection of people with this disorder and from which the National Plan for People with Autism Spectrum Disorder 2019-2021 was form...

The criminal action’s prescription suspension arises from the configuration of an obstacle that turns the criminal prosecution procedure impossible to continue, as it follows from the Criminal Code, article 84, first paragraph. Before this norm’s modification by Law N.° 31751, atypical moment of termination was expressly established. However, it is after this that, through its new second paragraph, the controversy about the duration of the suspension term due to contumacy and extradition processes came to an end, imposing a one-year legal material term for this purpose.

During 2023, the Criminal Code has been object of multiple modifications. That of article 84 has been one of the most relevant, which established a one-year peremptory period of suspension of the criminal action. Although it has generated a special controversy in the political and academic spheres, the Criminal Chambers of the Supreme Court of Justice agreed on is unquestionable application, as stated in its most recent jurisprudence issued between June and October of this year. However, on November 28th, 2023, the Plenary Agreement N.° 05-2023/ CIJ-112 was published, through which the same Tribunals that applied the modified article, raised its unconstitutionality as a legal doctrine. Such an abrupt change in criteria not only promotes legal uncertainty, but also proposes the permanence of an irrational conception of the calculation of the suspension period, which comes incompatible wi...

The criminal process is built upon the Constitution. Its legal regulation is not independent but arises inevitably from the fundamental norm of the State. It is precisely within this instrument that the general framework of principles is established, from which the specific rules governing the criminal process in a nation are derived. This theoretical core is referred to in Hispanic-American doctrine as the Procedural Criminal Program of the Constitution, and in Portuguese doctrine as the Procedural Criminal Constitution. It emerged in the 1980s, coinciding with the paradigm shift brought by the Spanish Constitution of 1978, and was later debated in Peru with the 1993 Constitution. In this context, it is logical that there are no research studies aimed at analyzing the historical procedural criminal program in national constitutions. Thus, this manuscript seeks to explore part of the pro...

The criminal process is built upon the Constitution. Its legal regulation is not independent but arises inevitably from the fundamental norm of the State. It is precisely within this instrument that the general framework of principles is established, from which the specific rules governing the criminal process in a nation are derived. This theoretical core is referred to in Hispanic-American doctrine as the Procedural Criminal Program of the Constitution, and in Portuguese doctrine as the Procedural Criminal Constitution. It emerged in the 1980s, coinciding with the paradigm shift brought by the Spanish Constitution of 1978, and was later debated in Peru with the 1993 Constitution. In this context, it is logical that there are no research studies aimed at analyzing the historical procedural criminal program in national constitutions. Thus, this manuscript seeks to explore part of the pro...