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According to Julio Rodriguez, Dina Boluarte’s actions during the protests are not the alleged crime of genocide.

Photo: President of the Republic Dina Boluarte presides over the 132nd session of the National Accord Forum | Font: Presidency of Peru

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Criminal lawyer Julio Rodriguez said Thursday that the actions of President Dina Boluarte and her ministers during demonstrations in the regions of the country, which killed 47 people, are not an alleged crime. crime of genocide.

In an interview program News Extension, Julio Rodriguez analyzed the decision of the National Prosecutor’s Office to initiate a preliminary investigation against President and Prime Minister Alberto Otarola for the alleged crimes of genocide, qualified murder, and grievous bodily harm.

<<The crime of genocide is a crime where the perpetrator has the direct aim of destroying a certain group for a number of reasons, has the aim of destroying an ethnic or religious group, and acts to that end. That is why in a criminal offense This crime is called a crime with a transcendent internal orientation. That is, what I have in the subjective aspect, my intention goes beyond my actions. I do not just kill, but I kill to destroy that human group and that is why genocide is such a high punishment, and this is a crime against humanity,” he said.

To Julio Rodriguezthe imputation of the crime of genocide “outside the formality” of its possibility, does not set up the elements that make it possible to establish that the president Dina Boluarte and his ministers “decided to kill this group of people” in order to eradicate a certain ethnic group.

“From my point of view and analysis of what we know publicly, the behavior of the president and ministers does not correspond to the type (of genocide),” he said.

Complaint without a “strict procedure”

Julio Rodriguez explained that the Ministry of Public Information received the complaint without processing it, without giving her an “extremely rigorous process” for a detailed description that featured the president. Dina Boluarte.

“I think the public ministry is operating on the basis of forming a perception of absolute objectivity, they expose, I open, then I see if we can move on to the next stages,” he explained.

on the other side Julio Rodriguez He recalled that the Political Constitution establishes that the President of the Republic cannot be held criminally liable, and clarified that the preliminary investigation is not a criminal procedure, but only a previous stage.

“There was no earlier deadline, but now they have made it so that the term of the preliminary investigation is the term that corresponds to the preliminary investigation and will depend on the crime. Up to three years of preliminary investigation can be achieved if we are talking about crimes committed with complicity in the preliminary organization. However, the deadline is set by the Public Ministry,” he said.

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Source: RPP

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