A long life. The Court of Appeals specializing in domain extinction revoked the order of seizure and dispossession of two properties of the former president Pedro Pablo Kuczynski Godard and the company Dorado Asset Management, from December 2023, due to lack of motivation for the judicial decision.
Meanwhile, he confirmed the resolution that rejected the embargo in the form of retention of up to 120,145.40 dollars of the pension he receives. Kuczynski Godard as former president of the Republicbecause, say the judges, until now there is no certainty that the crimes attributed to him were committed.
The properties that the prosecutor’s office wanted to seize are those at Calle Choquehuanca 967 in San Isidro, and lot 2-B in Cieneguilla, owned by Dorado Asset Management.
Reason and real need
The seizure and dispossession of the properties announced by the prosecution was left without effect by the Superior Court of Appeals
Judges María Luz Vásquez Vargas, Víctor Jimmy Arbulú Martínez and Eduardo Diego Torres Vera indicated that the resolution of the forfeiture court does not indicate the need and the reasons for which two properties are seized and the order of inhibition of another property is issued: Calle Choquehuanca 985.
The prosecution requested the seizure of two properties and the inhibition of the third, considering that the process of loss of domain can take several years and there is an alleged risk that the three properties will be lost, deteriorate, or may be transferred to third parties, and that they already have embargo measures.
However, the appeals court notes that the embargoes and measures imposed on both properties have also been issued in favor of the State, in the other criminal proceedings facing Kuczynski.
He adds that what was appropriate was for the court to reason and explain the need and the specific and real reasons why the properties at Calle Choquehuanca 967 in San Isidro and lot 2-B in Cieneguilla should be seized and dispossessed and only issue an inhibition of the third property, dealing with the same case.
Prosecutors: PPK could live to be 105
The prosecution predicts a long life for former president Pedro Pablo Kuczynski
The prosecution intended to seize Pedro Pablo Kuczynski’s pension as an equivalent means to recover any possible illicit profits that he may have obtained by renting the house at Choquehuanca 985 for up to $120,145.40.
However, the prosecution did not provide evidence of the amount or percentage of the former president’s salary that should be seized and for how long in order to recover this sum. Considering that it is only possible to seize a third of the pension, this would mean a monthly amount of 4,341 soles.
Mr. Kuczynski is 85 years old. Do you intend for Mr. Kuczynski to be 100 or 105 years old to recover this amount of 120,145.40? This was a question that the judges posed to the prosecution.
The prosecution’s response was that life expectancy has increased for people nowadays, so it is valid for the Public Prosecutor’s Office to seek to seize allegedly illicit money that was used at the time.
The marital society
The prosecution also failed to explain why they only wanted to seize Kuczynski’s pension, which is apparently the illicit profits from a marital property. In addition, the pension is the former president’s only current income that allows him to support himself and his wife.
Of course, to live for many years he must have good financial resources, which is what the prosecution wants to restrict. “To affect a fundamental right it is necessary to have an imminent, certain and real danger, but not based on assumptions, in addition to the fact that the pension is granted to him on a monthly basis, so it would be impossible to conceal it,” the judges concluded.
