Benji Espinoza confirmed that they filed the appeal requesting that the Special Criminal Chamber of the Supreme Court review the ruling of the supreme judge Juan Checkley who decided that the president continues to be investigated despite being in office.
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Pedro Castillo insists that the Judiciary annul the investigation against him for the Puente Tarata Case and others for the alleged crimes of criminal organization, influence peddling and aggravated collusion.
The President of the Republic Pedro Castillo , through his lawyer Benji Espinoza , appealed the court decision of first instance that declared inadmissible his appeal for protection of rights with which he sought to annul the investigation that is being carried out in the Case of Tarata et al.
Espinoza Ramos confirmed to El Comercio that they presented the request to the office of the Supreme Judge of the Preliminary Investigation Juan Checkley, so that he may submit it to the Special Chamber of the Supreme Court so that it can be check your resource in second instance.
“We have filed the appeal. We consider that this resolution (of first instance) should be revoked. In fact we do not ask for annulment; if not the revocation, that the decision be replaced with a ruling where they consider (the appeal), declare the guardianship well founded and provision six that incorporates the president into the investigation is annulled, ”Espinoza confirmed at the stroke of five in the afternoon of this Thursday.
As explained by the lawyer, they consider that the judge “is wrong” when he analyzes the interpretation of article 117 of the Constitution, which has not foreseen or admits the possibility that a president be investigated during his term.
In addition, he pointed out, that there is no act of impunity with a provision that postpones the investigation until the end of the mandate of the head of state.
As is recalled, through the protection of rights, the president's defense sought for the Judiciary to establish that Castillo Terrones cannot be investigated by the Attorney General's Office while he is in prison. exercise of the position.
Nevertheless, Judge Checkley determined that Castillo could be investigated in office, but he cannot be constitutionally accused and neither is he can formalize a preparatory investigation against him, except for the crimes provided for in article 117 of the Constitution.