Andrés Hurtado ‘Chibolín’ is serving an 18-month preventive detention in the Lurigancho prison after the Judiciary agreed to the request of the Public Ministry after confirming that there is sufficient evidence to formalize its investigation for the alleged crimes of influence peddling and specific active bribery. For its part, the legal representation of the television host has announced that they will appeal this court decision anyway.
To understand if this decision made by the judge Juan Carlos Checkley can be reversed, La República contacted criminal lawyers Luis Lamas Puccio and Joel Córdova, who was a lawyer for the State Attorney General’s Office, to explain to us the chances that Chibolín would have to be able to face his investigations in freedom.
Andrés Hurtado ‘Chibolín’: what are the chances that he could face investigations in freedom?
The lawyer Luis Lamas Puccio maintains that the acts he carried out Andres Hurtado They are not classified or classified as crimes in criminal legislation, therefore, they should not be subject to repression. On the other hand, the expert points out that the other most relevant issue is the issue of roots. In that sense, he maintains that the defense would appeal to this preventive detention in the sense that he maintains a link with Panamericana Televisión
“In the case of the appeal, what is being discussed are aspects strictly of procedural content and what the defense has argued is that the roots would be accredited with a provision of services with Panamericana Televisión. This should be according to the theory that handles the defense, the most important reason that I would put forward to be able to achieve the revocation of the resolution that provides for preventive detention,” he said for La República
However, Joel Córdova differs on the issue of his release, who affirms that there are minimal possibilities that the mandate of preventive detention that falls on Mr. Andrés Hurtadobecause the first instance resolution has been “quite clear and founded” regarding the serious and well-founded elements of the commission of the crime.
Along the same lines, he maintains that to this must be added the existence of the danger of subtraction from the action of justice, which in the case of Mr. Hurtado is very plausible taking into account the procedural conduct that he has presented during the investigation, having tried to pass himself off as a sick person, not having proven with certainty that he had a fixed address or a specific workplace, among other factors.
“The defense should be able to remedy this situation, especially the issue of his roots, he has to prove that he has a fixed address and that he has a specific job. He has to convince the Court that his client has a way to prove that he is going to subject to investigation and will not try to avoid justice,” he said.
Andrés Hurtado: Could Chibolín have house arrest?
Regarding the possibility that Andrés Hurtado could obtain house arrest as has occurred in cases of some well-known politicians, Joel Córdova maintains that it is very difficult for Mr. Hurtado to be able to benefit from house arrest, due to article 290 of the Criminal Procedure Code, states that it can only be granted when the person is over 65 years of age, a pregnant mother, suffers from a physical illness that affects their ability to travel, or suffers from a serious or incurable illness.
“As you can see, Mr. Hurtado, at this moment does not meet any of these conditions, unless some illness is discovered later, but not just any illness, but one that is especially serious or incurable. What could happen later is that the man may request a variation of preventive detention for one of appearance whenever new elements are discovered from the investigation that support his hypothesis of innocence or the dangers of escape or obstruction are distorted, in addition to the possibility that the court may to review his preventive detention ex officio, to evaluate if the purposes are being met or if it continues to be an appropriate measure,” he concluded.
Chibolín’s lawyer seeks to have the preventive detention measure revoked
In the last few days, Elio Riera announced that one of the arguments that will be presented in the appeal is the superior principle of the child. Likewise, he reported that other more appropriate measures such as prohibition of departure, house arrest and electronic shackles may be issued against Chibolin while investigations against him are carried out.
“You have a minor under 10 years old, here the superior principle of the child governs, there is definitely an impact with respect to the minor because the person in charge of her sustainability is her father, is it necessary for the man to be imprisoned for him to be Can they investigate? No, there are other coercive measures such as prohibition of departure, house arrest and electronic shackles, there are many investigation alternatives in order to maintain the investigation as it should be,” he said for América.
