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Pedro Castillo appealed against the decision to cancel the investigation in connection with the departure of Mariano Gonzalez from the ministry.

The President of the Republic appealed against the decision of the court in the case of Mariano Gonzalez | Font: Publisher Peru | Photographer: Juan Carlos Guzman Negrini

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the president Peter’s castlethrough his defense appealed the decision of the supreme judge Juan Carlos Chekli Soria who decided in favor of the continuation by the prosecutor’s office of the preliminary investigation in the case of alleged personal concealment against the head of state, after the departure Mariano Gonzalez Ministry of Internal Affairs (Mininter).

As you know, the protection of the head of state filed a petition for protection of rights cancel the tax investigation into this case, alleging that the testimony of the former Minister of the Interior was taken without knowledge of the president’s lawyers.

“Process not broken”

Last Wednesday, the aforementioned magistrate ruled that the prosecutor’s office “did not violate procedural rules” when accepting applications Mariano Gonzalez July 20, citing his dismissal from the ministry after the formation of a special police team in support of the Special Prosecutors’ Anti-Corruption Team to track down and capture investigated fugitives.

The resolution states that the right to protection of the Head of State was not violated either under the prosecutor’s office or under Patricia Benavideztook this evidence as previous act on his decision to initiate a preliminary investigation of the President in this case.

After that, the presidential defense filed an appeal as a sign disagreement with a court decision. It is worth noting that if Judge Chekli Soria decides to “grant” the appeal, he will forward said resource to Permanent Criminal Division of the Supreme Courtwho shall determine, firstly, the acceptance of the request and, if applicable, set a hearing to evaluate and make a final decision in this regard.

“The president can be investigated”

It is worth noting that the said Chief Justice also decided to declare unfounded petition of the President’s defense to cancel the preliminary investigation of the prosecutor’s office against him, appeal to article 117 Constitution.

In this regard, the magistrate indicated in his decision that the said article does not give “Full Immunity of the President”since it is possible that he commits crimes for which he can be investigated previously prosecutors in order to “establish the veracity of the facts and preserve evidence or evidence” that could be lost if he waits until the end of his presidential term.

“The limitation established in Article 117 of the Political Constitution of Peru is limited to impossibility that the Congress of the Republic issues an indictment in cases other than the four referred to in the aforementioned article; and, consequently, the impossibility of formalizing a preliminary investigation,” the resolution says regarding a possible accusation against the head of state.


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