49. The disciplinary procedure applied to the alleged victim is regulated by the Political Constitution of Peru, by the Organic Law of the Judicial Branch, by Law 26,397, and by Law 26,933. 50. The Political Constitution of Peru establishes as follows: Article 154. The following are the functions of the National Council of the Judiciary: (...) 3. Apply the sanction of dismissal to judges of the Supreme Court and Supreme Prosecutors and, at the request of the Supreme Court or the Council of Supreme Prosecutors, to judges and prosecutors, respectively, of all ranks. The final resolution, well-founded and subsequent to a hearing with the individual in question, is not appealable.4 51. The Constitution also establishes in article 142 that “resolutions of the National Elections Board are not reviewable by the judiciary, nor are the electoral resolutions of the National Elections Council or the resolutions of the National Council of the Judiciary on the evaluation and ratification of judges.”5 52. The Organic Law of the Judicial Branch establishes as follows: Article 206. SANCTIONS AND DISCIPLINARY MEASURES. Sanctions and disciplinary measures are as follows: (…) 3. Suspension; (…) 5. Dismissal. Article 210-SUSPENSION. Suspension is applied to the magistrate or official against whom an arrest warrant is issued or who is charged with a request for pretrial detention in a criminal process. It is also applicable to a magistrate who commits a serious infraction that, while not criminal, compromises the dignity of the office in the eyes of the public or commits new serious misconduct after having been punished three times with fines. Suspensions are handed down by those bodies indicated by this law. Suspensions are unpaid and cannot be longer than two months. Article 211. DISMISSAL- Dismissals are handed down by those bodies indicated by this law, and a vote to apply the sanction requires more than half of the total members of the corresponding body. Those magistrates shall be dismissed who gravely infringe upon the responsibility of the Judicial Branch; who commit a serious infraction that, while not criminal, compromises the dignity of the office in the eyes of the public, as long as they have been suspended previously (...). 53. The Organic Law of the National Council of the Judiciary, Law 26,397, establishes as follows: Article 21. The National Council of the Judiciary has the following authorities: c) Apply the sanction of dismissal to judges of the Supreme Court or the Council of Supreme Prosecutors, to judges and prosecutors, respectively, of all ranks. The final resolution, well-founded and subsequent to a hearing with the individual in question, is not appealable. Article 31. The sanction of dismissal as described in subparagraph c) of Article 21 of this law shall be applied for the following grounds: (…) 2. The commission of a serious infraction that, while not criminal, compromises the dignity of the office and diminishes it in the eyes of the public. Article 33. At the request of the Supreme Court or the Council of Supreme Prosecutors, the National Council of the Judiciary shall investigate the actions of judges and prosecutors, respectively, of all ranks, to determine the applicability of the sanction of dismissal, without prejudice to the authorities falling to other bodies. For these purposes, paragraphs 2, 3, and 4 of the preceding article are applicable. 4 5 Political Constitution of Peru. Political Constitution of Peru. 8

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