Penal attorney Francisco Álvarez Martínez, has issued a stark warning, asserting that the recently enacted Code of Criminal Procedure (CPP) could trigger a wave of legal challenges before the Constitutional Court. Álvarez attributes this risk to what he describes as flawed deliberation, rushed amendments, and the controversial lack of a vacatio legis (implementation period) before its immediate enforcement, CDN reports.
The new rules for criminal cases are in effect as of Wednesday, 10 December 2025 nationwide.
The attorney’s remarks come amid widespread complaints about the code’s instant entry into force. The reform has been defended by the president of the Chamber of Deputies, Alfredo Pacheco, who maintained that the process was “responsible, broad, and consensual.”
During an interview on the program 55 Minutos con Julissa Céspedes on CDN, Channel 37, Álvarez argued that the historical delay in debating the reform ultimately created a scenario of “improvisation.”
He pointed out that while the Constitutional Court granted a reasonable deadline for discussion, Congress avoided opening the debate for years. Instead, the discussion was only accelerated when it was “too late” to incorporate substantive input from civil society.
The expert cautioned that this haste compromised the quality of the legislative process. He noted that “the bill changed too many times between one chamber and the other,” making technical analysis from outside Congress nearly impossible. This lack of traceability, Álvarez claimed, fostered distrust and embedded structural weaknesses in the approved text.
One of the jurist’s main objections is the immediate commencement of the CPP, which he said generates legal insecurity. This abrupt change, he argued, forces lawyers and judges to apply new provisions overnight without sufficient time to study them or access official printed versions.
Álvarez called it a mistake to “abruptly change the norm that regulates a citizen’s most sensitive right: their liberty.” He emphasized that operators in the criminal justice system work under intense pressure, often making immediate decisions in oral hearings.
Application in ongoing corruption cases
When asked how the new CPP would apply to pending cases, such as the high-profile Senasa corruption file, Álvarez explained that procedural rules generally have an immediate application principle, but only if they favor the accused.
Consequently, judges will be required to examine the new code article by article alongside the old one to determine which version is most beneficial to the defendant. Álvarez warned that this would involve a complex interpretive exercise, forcing the simultaneous study of both codes and significantly increasing the judicial system’s workload.
Álvarez characterized the failure to harmonize the new Code of Criminal Procedure with the existing Penal Code as a “great missed opportunity.” He contended that the two legislative pieces “speak different languages,” and this incoherence will negatively impact their practical application.
While the attorney acknowledged important advancements, particularly concerning victims’ rights, he stood by his assertion that the reform contains constitutional weaknesses that will inevitably be tested in the courts.
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CDN
10 December 2025