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October 14, 2022
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Marco Huamán on article 117 of the Constitution: “Immunity does not provide impunity”

Marco Huamán on article 117 of the Constitution: "Immunity does not provide impunity"

The Supreme Deputy Prosecutor defended the constitutional complaint filed by the National Prosecutor . In addition, he lamented the attacks that come from the Executive.

Why was it important that tax close ranks around the prosecutor of the Nation Patricia Benavides?

The Public Ministry (MP) as a whole has been subjected to harassment by people linked to the alleged criminal organization, and the complaints against the They are part of that context. The Supreme Prosecutors issued a statement and supported the Prosecutor of the Nation. These attacks are against the autonomy of the Prosecutor’s Office, which has been carrying out strictly legal work, regardless of any political purpose.

What interpretation does the MP give to article 117 of the Constitution?

Article 117 is a constitutional precept that provides protection to the president, an immunity to guarantee the governability and stability of the country. But this cannot be taken to mean that this article will give him impunity. That interpretation is not possible and therefore, within the framework of the convention against corruption and with the authorization of a supreme judge and the collection of sufficient evidentiary material, it has been validly allowed to formulate this constitutional complaint.

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Do you evaluate more constitutional complaints?

The constitutional complaint presented contains facts in Petroperú, Ministry of Transportation and Ministry of Housing. The Office of the Prosecutor of the Nation continues to carry out acts of investigation for other facts. It must be understood that the criminal organization deploys its actions in various levels of the State and in this context evidentiary material is still being collected, both in the case of military and police promotions but also on the obstructionist arm of the criminal organization and the congressional arm. So, these fiscal folders are still in preliminary proceedings that, if duly collected, the corresponding constitutional complaint will be formulated at the time.

Could the criminal organization have expanded to other ministries such as the Minem?

The development of the investigations will be able to determine if the criminal organization has acted in other levels of the State and if directions were also developed in the contracting processes.

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Have you been able to identify the people who have threatened prosecutors and police?

The threats or harassment are being developed in the competence of the provincial prosecutors of the special team against the corruption of power, I cannot enter those investigations. We do investigations against protected officials (because of their immunity).

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