Lawyer Fernando Silva: Pedro Castillo’s defense resources ‘always pretend it’s not being investigated’

criminal lawyer Ferdinand Silva with reference to the appeals filed by the defense President of the Republic, Pedro Castillo, cancel the investigation and the constitutional complaint against him. The first case is a writ of habeas corpus filed by Eduardo Pachas to annul what was done by the prosecution in the Petroperu case, and the second is a defense of rights supported by Benji Espinoza who is trying to annul the constitutional complaint filed by the prosecutor. of the nation, Patricia Benavidez, and erected before Congress.

“There are two different cases here with two different sources. The first case in which the prosecutor’s office conducts a preliminary investigation of alleged criminal involvement in an organization in the Government Palace, which allows for the appropriation of work that is carried out in the ministry. housing construction,” he said. News Extension from PTR.

constitutional complaint

As regards the constitutional complaint, Ferdinand Silva explained that, given the inability of the prosecutor’s office to continue the preliminary investigation, the head of the prosecutor’s office public service He filed a complaint with Congress in order to have the right to blame the president.

“According to that investigation (on work in the Ministry of Housing), the prosecutor’s office already has judicial powers to conduct an investigation until the completion of the preliminary investigation. And here it is. a complaint in which he not only covered these cases, but also dealt with the Petroperu case, the Shadow Councilors case, and the set of evidence that was given to the Congress of the Republic, so it’s almost a political action. The President of the Republic summoned the judge of the preliminary investigation, Juan Carlos Chekli,” he said.

However, he felt that it would be a mistake for the Castillo defense to call for protection of rights, as it was a fiscal prerogative.

“This is the first procedural error that I believe has rights protection.because what the national prosecutor has done is an independent denunciation of cases or cases that this judge has jurisdiction to hear. What Pedro Castillo’s defense is doing is using a case that Judge Checkley is already hearing to try to strike down a constitutional complaint, which is the prosecutor’s power,” he added.

Case to Petroper

With reference to Case to Petroper, Silva specified that it was required to annul the investigations through the action of amparo. However, they are mere mechanisms of form and avoid the essential statement; that is, whether there were indeed violations.

“In the case of Petroperu, what the defense of the president has presented is a habeas corpus, the purpose of which is to annul the intervention carried out last year by the public prosecutor Nora Cordoba in the Government Palace. Therefore, on the basis of this fact, which the defense considers unlawful, dismiss the investigation. The action of the amparo, which the defense of the president also introduced, contradicts the possibility of a presidential vacancy.. What the president’s defense does is use every formal mechanism to get the investigations dropped. But they never doubt the essence; that is, whether there are violations, whether there is a crime or not. What they always want is for it not to be investigated,” he said.

What will happen to these resources?

In the case of Petroperu, habeas corpus had already been rejected twice, so the perpetrator explained that the third time he would suffer the same fate.

“Habeas corpus twice declared inadmissible. Therefore, today it is at the level of the Constitutional Court. I find it impossible, on the basis of habeas corpus, with very punctual discretion, to seek an annulment of the entire investigation. I think that there, from the petition, the scheme should be rejected for the third time in the Constitutional Court,” he said.

Regarding the request of the prosecutor’s office to investigate the president, he noted that one of the functions of the prosecutor’s office is to file complaints corresponding to criminal acts, therefore, from a legal and constitutional point of view, this would be impossible.

“With regard to guardianship, the Presidential Defense intends to have the judge tell the Nation’s Attorney that he cannot file a constitutional complaint. This is impossible from a purely legal and constitutional point of view.because the main function of the nation’s attorney is to file appropriate complaints in connection with a criminal act. And what the national prosecutor did was tell Congress that he couldn’t continue with the investigation because the judge had barred him because he couldn’t participate in the preliminary investigation. Therefore, to proceed, I demand that you give me permission and issue a legislative resolution to impeach the president. That’s what they do, that’s a request.”