The judiciary ordered the “immediate release” of Gerald Oropeza.

Judiciary (SP) ordered the “immediate release” of Gerald Oropeza after unanimously ordering a suspension of the six-year sentence imposed on him as a co-author of a crime of drug trafficking to the detriment of the state.

As a reminder, on November 25, 2021, the panel of first instance of the National High Court of Specialized Criminal Justice delivered a verdict Oropesa to 6 years in prison after being convicted of conspiracy to drug trafficking.

Given the request for immediate enforcement of the judgment, it is expected that Gerald Oropeza will be released in the next few hours.

judgment

The Second Criminal Court of Appeal of the SP ordered the release of the defendant after the recognition of the petition for his legal protection as well-founded. In return, he imposed a measure of appearance with restrictions, including the obligation not to be absent from the place of residence “without the permission of the Supreme Chamber”, “a ban on direct or indirect communication” with other defendants in the case, as well as obstacles to leaving the country for 6 months.

“All of the above under pain of cancellation of the postponement of the execution of the sentence and the execution of the imposed punishment in the form of imprisonment until the end of the appeal stage,” the decision of the joint venture specifies.

The Chamber considered that the sentence imposed by the verdict was “expiring or has already expired”, since “his calculation should go back to the moment of his imprisonment, 12 September 2015, for which reason the date of the specified punishment would be considered compulsory”.

Another argument in favor of his release was that there was no risk of interfering with the investigation against him.

“The procedural danger was not warned in its two aspects – the danger of absconding and obstruction – which allows us to assert that she will distance herself from the actions of justice or interfere with the process,” the ruling says.

Last July, the Second National Criminal Appeals Chamber, which specializes in organized crime, overturned an 8-year prison sentence handed down by Oropesa and he canceled the payment of 400,000 soles in damages established against him in favor of the state, as well as the payment of a fine of 13,500 soles, which was to be paid within 10 days.

This measure was taken following the adoption of the arguments of the defense of Gerald Oropeza, who argues that the telephone conversations on which the prosecutor’s accusation against the said defendant is based constitute “illegal evidence”, which entails the absolute invalidity of the decision.

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