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Benji Espinoza: Under the law, a second preventive detention is not required for Pedro Castillo

A hearing on the motion for remand will take place on Friday, March 3.

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Advocate Benji Espinozaformer defender of the former president Pedro Castillointerrogated that the prosecutor’s office had requested a new preventive measure against the former president for another investigation. In addition, he recalled that this request does not entail charges, but aims to prevent the former head of state from fleeing the country and interfering with the investigation.

In an interview with RPP Noticias, former lawyer Pedro Castillo He recalled that the ex-president is already in pre-trial detention on charges of rebellion. For this reason, he questioned the need for a second preventive detention given that the former president is currently being held in Barbadillo prison as part of another investigation.

“How are you going to justify the need to deprive a person of liberty who has already been deprived of liberty? the second case on a criminal organization and other crimes, a double amount is requested, 36 months, this is the maximum period,” he said.

For this reason, counsel considered that the current defense Pedro Castillo The discussion should be focused on the “need” of a new preventive detention, given that the former president is already fulfilling this mandate, albeit in a different case. He added that there is no accumulation in preventive prisons, as there is in sentences.

On another occasion, the lawyer explained that a special law was passed a few years ago that changed the period of pretrial detention under the preliminary investigation from 9 months as the maximum to 36 months for organized crime, and even that it could be extended by another 12 months.

“A maximum of four years says the law, but a period of 36 months, 3 years, just to be able to carry out the process, is redundant. Now the practice is such that some judges do not control the term much, therefore, when announcing the established prison, they automatically (accept the term) without justification,” he said.

Finally, Benji Espinoza consider that in case of liability Pedro Castillo for the three offenses he is charged with – criminal organization, influence peddling and conspiracy – he could face a summary sentence of 35 years in prison after an oral trial to determine his responsibility.

Prosecutor asks for 36 months of pre-trial detention

Previously, the second interim High Prosecutor, who specializes in crimes committed by public officials, requested 36 months of pre-trial detention against former President Pedro Castillo Terrones and former ministers Juan Silva Villegas (transport and communications) and Gainer Alvarado López (housing, construction and sanitation).

Defense Ministry demand responds to investigation monitored by former president Lock and former ministers Silvia And Alvarado for alleged crimes of criminal organization, influence peddling and conspiracy. This came after National Attorney Patricia Benavidez formalized an investigation into the former officials.

It should be remembered that Castillo Terrones is currently serving 18 months of pre-trial detention imposed by the judiciary as part of an investigation into the alleged crime of rebellion. Meanwhile, Silva Villegas has been a fugitive since last year.

In a few moments it became known that Supreme Court of Preliminary Investigation scheduled for this Friday, March 3, at 9:30 a.m., a hearing at which the prosecutor’s office’s request for a 36-month pre-trial detention against former President Pedro Castillo Terrones and former ministers Juan Silva Villegas and Gainer Alvarado López for alleged felony organization, conspiracy and trade in influence.

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Source: RPP

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