Benji Espinoza, lawyer for President Pedro Castillo, presented this Tuesday an appeal for absolute annulment before the National Prosecutor’s Office so that the decision to investigate the head of state be annulled and that the investigation be suspended until the end of his mandate.
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“On Tuesday at eight o’clock in the morning we will be at the National Prosecutor’s Office presenting an appeal for absolute annulment for violating article 117 of the Constitution,” he had told El Comercio yesterday.
As recalled, the National Prosecutor opened an investigation against the president for the alleged crimes of criminal organization, influence peddling and aggravated collusion. The decision was adopted in an extension of the case against the former Minister of Transport and Communications Juan Silva and a group of congressmen known as “Los Niños”.
The second step, Espinoza advanced, will be to go to the Judiciary so that a preparatory investigation judge can analyze a legal guardianship.
“If the annulment does not prosper, we will immediately present an action for the protection of rights that it will have to be known by a preparatory investigation judge who, after a public hearing, will decide whether we have the right or not. I believe that the Supreme Criminal Court of Appeals will have to intervene because if they agree with us, the prosecution will appeal and if they do not agree with us, we will appeal, ”he estimated.
Espinoza Ramos questioned the decision to investigate Pedro Castillo in office.
He stressed that for public officials the principle of “taxativity” governs, since they can only do what the norm allows them. “Now, they say, since research is not prohibited, then it is allowed.. That interpretation is wrong. For citizens, what is not prohibited is allowed, but not for public powers”, he indicated.
Prosecutor’s Office, after the passage of Castillo
Peruvian prosecutor Rosario Quico went this Monday to the headquarters of the Presidency of Peru to request the registration of people and vehicles entering the Government Palace as part of the investigations into an alleged case of corruption.
The head of the First Prosecutor’s Office Specialized in Corruption Crimes led a proceeding at the Government Palace in the absence of the Head of State,
Pedro Castillo, who was in a decentralized cabinet of ministers in the Amazonian region of Loreto.
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Castillo has been under investigation since last year for several complaints of alleged corruption related to the irregular adjudication of the purchase of biodieseldue to pressure in military promotions and due to the tender for the construction of a bridge in the San Martín region, through an alleged mafia network installed in the Ministry of Transport and Communications.
The Prosecutor’s Office specified that the president “You will be guaranteed the full exercise of your right to defense and respect for article 117 of the Political Constitution”.
Said article establishes that he can only be accused, during his term, of treason against the country; for preventing presidential, parliamentary, regional or municipal elections; or by dissolving Congress, outside the cases provided for in the Magna Carta.
TRADE, PERU AND EFE
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