This Tuesday, October 17th, Congress submitted to the Constitutional Court (CC) an extension of the requirement in which it asks for an interpretation article 117 belonging Constitutionwithin constitutional complaint submitted by the National Attorney, Patricia Benavidezagainst President Pedro Castillo.
AT “Air Rotator” RPP Noticias constitutional lawyer Anibal Quiroga explained, firstly, that the extension requirement stood in the middle competence process initiated by parliament against Judiciary (SP) on the suspension of the electoral process Ombudsman.
“The Constitutional Court, deciding the issue of jurisdiction [entre el PJ y el Legislativo]I would have to edit under article 117. This is not a request or a request, this is part of the work of the TC [interpretar los artículos de la Constitución]”, accurate.
In this sense specialist confirmed that Legislativeclaims in his request that he cannot continue constitutional complaint against Castillo Terrones if TC does not do the actual interpretation article 117 from Magna Carta.
This article states that head of state he can only be accused during his term of office of treason against the country; for obstruction of presidential, parliamentary, regional or municipal elections; for dissolution Congress arbitrarily or to prevent its assembly or activities, or those of National Electoral Jury and other bodies of the electoral system.
Interpretation of the Labor Code will make consideration of the constitutional complaint viable
Quiroga stated that if constitutional body gives a “modern” and “updated” interpretation of Article 117 Magna Carta according to the parameters United Nations Convention against CorruptionCongress will be declared competent to consider constitutional complaint against a dignitary, a remedy that could lead to subsequent constitutional charge.
That is, if there are more 190 criminal recordsas indicated State Ministry (MP) in his constitutional complaint, the head of state could be accused of other crimes, in addition to the four grounds established by Article 117.
“… if the Constitutional Court says that article 117 this does not protect the impunity of a president accused of serious crimes by the National Attorney and there is a means of proof … we will have a valid procedure before Congress and ratified before the TC,” he noted.
It must be emphasized that the Attorney of the Nation, Patricia Benavidezfiled a constitutional complaint on 11 October against Peter’s castle for the existence of an alleged criminal organization that has infiltrated the government to take over, control and manage the contracting processes at various levels of the state for illegal profits.
Source: RPP
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