There are 10. The process runs the risk of coming to nothing. Magistrate asks the Prosecutor’s Office to identify and support the relevance and necessity of the 5,000 testimonial and documentary evidence.
Without a defense, the trial becomes a farce and, therefore, a valid sentence impossible. Taking this principle into account, At the hearing on January 31, the judge Victor Zuniga Urday was obliged to return to the Prosecutor’s Office the accusation of the Cocktails casewhose main accused is the leader of people force, Keiko Fujimori.
It is the tenth time that the prosecution returned to the prosecutionsince it was presented on March 11, 2021. Returning the accusation is possible, but it is assumed that, On August 24, 2022, Dr. Zúñiga Urday concluded the formal control of the accusation and sanitized all the observations of the lawyers.
But the hearing on January 31 showed that that conclusion was not correct. Since March 2021, the lawyers had already observed that the prosecution it did not individualize or explain the need and relevance of the almost 5,000 pieces of evidence presented, including witnesses and documents.
accusation and defense
However, apparently due to the complexity of the case, the judge only recently realized the importance of this issue or finally realized that it was impossible to close one’s eyes and move on.
The same judge explained that it is necessary for each of the 41 defendants to know what crime they would have committed and the facts that led to that crime. To do this, he must know which of those 5,000 tests specifically and specifically puts him in evidence.
In other words, it is not enough for the Prosecutor’s Office to say “I have 5,000 proofs that these 41 people committed crimes of criminal organization, money laundering, obstruction of justice, among others”.
Rather, it is important that the prosecutor specify, for example, that evidence 10 is valuable and necessary, since it shows that defendant number 50 committed crime ‘x’ in that period of time and place, and thus evidence by evidence and case by case. case.
According to procedural law, this is the only valid way that, for example, defendant 50 can defend himself, either by distorting the value of evidence number 10 or by presenting another that puts it in doubt.
The fiscal paulina roquerepresenting the Special Team Lava Jato in these hearings, pointed out that the prosecution It is customary to present their evidence in a generic way and that they will already individualize them in the trial.
However, after reviewing the jurisprudence of previous casesthe judge rejected the argument of the Prosecutor’s Office and gave him a period of eight days, which expires this Friday, February 10, to specify the evidence for each of the 41 defendants and for each crime.
The prosecutor accepted, but noting that due to the abundance of evidence and defendants it will be difficult to do so in eight days.
The control of accusation is extended
Judge Victor Zuniga specified that the prosecution it has to individualize each piece of evidence for each defendant and “for each crime, even if it has to be repeated, because the relevance, conduct and usefulness is different for each individual, and (the accusation) has been made in a generic way; indicating that the witness testifies about the circumstances, background, concomitant, is not enough.
He added that the control stage of the accusation seeks to deliver to the trial court a complete file, an assembled puzzle and not the pieces to be just put into place.
“The judge warned that the Prosecutor’s Office did not specify the need and the facts that prove each of the pieces of evidence.”
Nullity
Issues. Various lawyers warned that, since the case was supposedly already cleared up since Augustit was procedurally impossible for the accusation to be returned to the Prosecutor’s Office for the tenth time, since everything was already null and void.
