FACULTY OF BUSINESS

ACCOUNTING SCHOOL

ACADEMIC REPORT

COURSE:

SISTEMA DE GESTIÓN PÚBLICA Y PRIVADA

THEME:

LEGAL DEFENSE OF THE STATE

AUTHORS:

TEACHER:

Huaraz - Perú
(2023)
JUDICIAL DEFENSE OF THE STATE - LEGISLATIVE DECREE
1. What are the powers and duties of the State Defence Council? Analyze
and comment on whether it contributes to improving the state.
The powers and duties of the State Defence Council are as follows:
 To represent the System.
 Adopt the actions pending to evaluate, supervise and control the legal
defense of the State by the Public Prosecutors.
 Signing cooperation agreements.
 To take the oath of office of the Public Prosecutors of the Legislative Branch,
 Convene ordinary and extraordinary sessions in accordance with the
provisions of the regulations.
 To take action to comply with the agreements of the State Legal Defense
Council.
 Appoint the Technical Secretary of the State Legal Defense Council.
 Resolve competition problems that may arise among Public Prosecutors.
 Approve the System's Annual Report.
 Accredit the appointment of Regional Public Prosecutors.
 Accredit the appointment of the Municipal Public Prosecutors.
 Others established by the regulations.

In other words, the Council of State does not have direct powers to improve the
state, but it can contribute to this by issuing opinions that help ensure
compliance with the law and the proper functioning of public administration. The
defense council is an important institution that contributes to the security and
safety of a country. Its main function is to advise the government on defense
and national security scares, Through coordination and strategic planning, the
defense council seeks to strengthen military capabilities and ensure territorial
integrity.
2. What are the state's guiding principles of judicial defense? Analyze
and comment.
The state's legal defense is governed by the following principles:

 Legality: - Public prosecutors and lawyers of the State Legal Defense

System are subject to the Constitution, the laws and other norms of the
legal system.
 Functional autonomy. - The Legal Defense of the State is exercised
through the Public Prosecutors, who act autonomously in the exercise of
their functions, being obliged to comply with the guiding principles of the
system.
 Unity of action and continuity. - Public Prosecutors and other operators
of the System conduct themselves in accordance with institutional criteria
in accordance with the objectives, goals and guidelines of the System.
 Efficiency: - Management is organized for the timely fulfillment of the
objectives and goals of the System.
 Efficiency. - All actions of the Public Prosecutors and other operators of
the System are carried out by optimizing the use of available resources,
seeking innovation and timely improvement.
 Ongoing training and evaluation. - Public Prosecutors will be trained
and evaluated according to the guidelines established by the governing
body.
 Specialization. - The specialization of Public Prosecutors is guaranteed
and preserved.
 Confidentiality. - System operators must maintain absolute confidentiality
regarding matters of a confidential nature under their responsibility.
 Speed. - The Public Prosecutors and lawyers of the System must adjust
their conduct, aimed at achieving the maximum possible dynamics of the
process or procedure, avoiding actions that hinder its development or
constitute mere formalities, without relying on respect for due process or
violating the legal system.
  Ethics, probity and honesty. - Ethics, probity and honesty are
essential in the exercise of the functions of the operators of the
System.
 Responsibility. - Public Prosecutors are responsible for the improper
exercise of the Legal Defense of the State.

These principles are structured and functionally integrated, through which the
Public Prosecutors exercise the Legal Defense of the State, acting
autonomously in the exercise of their functions in compliance with the guiding
principles of the system. Public prosecutors also conduct themselves in
accordance with criteria in accordance with the objectives, goals and guidelines
of the system, managing the fulfillment of these goals and objectives, optimizing
the use of available resources, seeking innovation and timely improvement.

3. What are the functions of the State Attorney General's Office? Analyze
& Comment
In the Office of the Attorney General of the State there are 14 functions which
are written in Article 4 in addition to those established in Article 12 of Legislative
Decree No. 1326, the following:
- To propose public policies on the legal defense of the State.
- Develop guidelines and technical criteria aimed at preventing damage or
potential harm that may be caused to the State.
- Design and establish strategies in order to achieve effectiveness in the
legal defense of the State, in accordance with the provisions of the
Prospective Documents approved by the Justice and Human Rights
Sector.
- To ensure the efficient exercise of the legal defense of the State, applying
the mechanisms necessary for this purpose and within the scope of its
competences.
- Register the requests referring to the statements provided by public
prosecutors to the media, which are related to the System.
- Centralize the use of the media and disseminate in general the activity of
public prosecutors' offices, approving or authorizing the use of digital
platforms.
 - Define standards and indicators for the legal defense of the State, with a
focus on results-based management and in line with the modernization of
public management.
- Evaluate, through a follow-up and monitoring system, the exercise of the
State's legal defense and compliance with conciliatory agreements,
arbitration awards, court rulings, and other acts that resolve a dispute to
which the State is a party.
- Establish guidelines, protocols, and registries that contribute to an efficient
legal defense of the State.
- To exercise solely and exclusively the actions of evaluation, supervision,
control, supervision, instruction and disciplinary administrative sanction of
public prosecutors at all levels of government, when it comes to functional
aspects in the exercise of their activity.
- Regulate and supervise the transfer of management and delivery of
positions in all areas of the National, Regional and Local Government, in
relation to the legal defense of the State, in order to adequately ensure the
continuity of the functions carried out by the public prosecutors' offices.
- Develop interoperability with the computer systems of other entities in
order to meet the objectives of the System, in accordance with the National
Policy for the Modernization of Public Management.
- Provide technical support to public prosecutors in the preparation of expert
opinions, reports, settlements, financial analyses and other documents that
are useful for the defense of the rights and interests of the State.
- Provide technical legal advice to public prosecutors within the scope of
their competences.
These functions are part of the Office of the Attorney General of the State,
which is in charge of the Attorney General of the State, who is appointed by the
President of the Republic and proposed by the Minister of Justice and Human
Rights, who should enforce the 16 functions that are designated according to
law.

REFERENCES
- Gobierno oficializa plan para mejorar capacidades de las Fuerzas
Armadas al año 2034 - Noticias - Ministerio de Defensa - Plataforma del
Estado Peruano (www.gob.pe)
- constitucion_politica_del_peru_comentada_-_gaceta_juridica_-
_tomo_ii2_paginas319-323.pdf (congreso.gob.pe)
- https://www.gob.pe/institucion/procuraduria/organizacion
- https://www2.congreso.gob.pe/sicr/cendocbib/con5_uibd.nsf/
85F9DC4C143F7A1F052581EC006CA3D5/$FILE/DL_1068.pdf