Everything indicates that the debt he has with the State would be extinguished, just as would happen with his criminal proceedings. Criminal lawyer Andy Carrión pointed out Peru21 that, after the death of former President Alberto Fujimori, the payment of S/57 million of his civil compensation would be extinguished if it is proven that he does not leave any inheritance of property or assets to his children. This is because “said compensation is not inherited if there is no inheritance”, because this is not paid with the heirs’ own assets.
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“In the case of Fujimori, it has already been proven to the point of exhaustion that he has no assets, and that he only has one account with a few soles, and another one in which are the thirty-something thousand soles of the life pension (which is S/15,600 a month and the payment is suspended); and the law speaks of only 60 percent (of the assets, which goes to the payment of civil reparation, as a seizure); this goes to the assets of the State, and the rest, as assets of heirs,” he said.
“If the heirs have no assets or anything, the debt is not inherited; if the heirs have nothing to inherit, the heirs cannot cover the payment of civil compensation with their own assets,” he explained.
According to Carrión, the Attorney General’s Office has investigated Fujimori’s assets when it requested information on his accounts when it was revealed that he received a lifetime pension from Congress, and, on that occasion, the assets owned by the deceased former president were investigated, and it was concluded that “he has no assets, and that he only has one or a couple of accounts, and that’s it; the heirs do not have to inherit the payment of the reparation.”
For the criminal lawyer, “it must be taken into account that just as the criminal action is extinguished, the consequences that this criminal investigation has originated are also extinguished, and one of them is civil compensation.”
Carrión explained that Article 96 of the Penal Code indicates that the payment of said civil compensation is given only with the assets and inheritance that are transmitted to the heirs, “but it is not given with the assets of the heirs.”
LIFE PENSION
When asked if the life pension could be used to pay for civil reparations, Carrión said that the Attorney General’s Office and Congress should first determine if he is actually legally entitled to receive it, having been convicted of a criminal offense; and in the hypothetical case that it is concluded that he is, it will have to be determined if this could be part of the children’s estate.
This, because, as has been revealed Peru21currently the widows of former presidents Valentín Paniagua and Alan García, and the latter’s son, receive the lifetime pension payment of S/15,600.
However, for Carrión, this would only happen if the children are dependent on the father, but in the case of Fujimori, his children would not be.
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