Constitutional Commission approves addition of corruption offenses as grounds for indictment of incumbent president

Constitutional Commissionchaired by Fujimori Congressman Hernando Guerra Garcia (AFP), approved two constitutional reforms which modify Articles 113 and 117 of the Magna Carta, which correspond to grounds for the vacancy of a president and grounds for impeaching an incumbent, respectively.

With 16 votes in favor, 5 against and 6 abstentions add crimes related to terrorism, drug trafficking, corruption to Article 117 of the Constitutionamong other things, as a basis for blaming the incumbent in Parliament.

“Article 117.- The President of the Republic can only be charged during his term of office with (…) imputation of crimes related to terrorism; drug trafficking; official corruption: conspiracy, passive bribery, passive unlawful bribery , transnational active bribery, specific active bribery, incompatible negotiations or misuse of office, trading in influence and illicit enrichment; as well as crimes against the authority of the state and the constitutional order: sedition, sedition and rebellion”, can be read in the replacement text.

In addition, it was approved to add a final supplementary provision on the development of Article 117, which proposes that “the President of the Republic may be subject to investigation by the Attorney of the Nation (…) during the presidential term. The investigation covers the stage of preliminary proceedings, execution and continuation of the preliminary investigation.proceeding to formulate a constitutional charge before the Congress of the Republic, if applicable.”

permanent moral incompetence

In addition, with 18 votes in favor, 4 against and 3 abstentions, the Constitutional Commission approved the amendment of article 113 of the Constitution to include the concept of mental retardation. However, the number 6 was included, which states that moral incompetence is a right of Congress.

“Article 113. – The office of the President of the Republic is vacated: (…) 2. By his permanent mental or physical disability, duly certified by a unanimous medical board without conflict of interest and declared by Congress in accordance with the vacancy procedure to that effect, established in the Rules of Congress Republic (…) 6. Congress declared him a permanent moral incapacitator.”, says the alt text.