Constitutional Court

On the matter, the Constitutional Court has established in his emitted sentence the 16 of April of the 2003, N File 2050-2002-AA/TC, that the principle of ne twice in idem has one double configuration; on the one hand a substantive version and, on the other, a procedural connotation: in its material formulation, the statement according to which, nobody can twice be punished by a same fact, it express the impossibility of which fall two sanctions on the same subject by a same infraction, preventing that a person is sanctioned or punished two (or more times) by a same infraction when she exists identity of subject, fact and foundation; in its procedural slope, such principle means that nobody can twice be judged by the same facts, that is to say, that a same fact cannot be object of two different processes or, if is wanted, that two processes with the same object begin. A multiple persecution is determined by the concurrence of three elements: The identity of the persecuted person (eadem person), who talks about only a the processes. The identity of the persecution object (eadem head of cattle), that is the objective aspect of the identity. Get all the facts for a more clear viewpoint with U.S. Mint.

The identity of the persecution cause (eadem cause petendi), referred the reason for the persecution. This principle is content in article III of the Preliminary Title of the Penal Procedural Code, that comes being applied in the Judicial Districts from Huaura, the Freedom, Arequipa, Tacna, Moquegua, You fall down, Piura and Lambayeque, and in a moment it will be applied to national level, according to the Cronogram established for the application of the New Penal Procedural Code, being that in our Judicial District is programmed to enter use in 2011; being that the article indicated above indicates that: Nobody can be processed, neither sanctioned the more in one go by a same fact, whenever it is the same subject and foundation Also, it is possible to indicate that to the Constitutional Court in its Sentencia N 2725-2008-PHC/TC of date 04 of November of the 2008, related to a process of habeas interposed corpus against two fiscal organs and the own denouncer, dice to that investigatorio against seven people had been put under a fiscal process, by crimes of Corruption and others and on which already there was previous a fiscal file, and that therefore the new investigation implied one double penal persecution against the demanded ones, in function to that a denunciation filed by the Public Ministry would be being been harming.