After the minutes of the Council of Ministers On July 5 and 7, 2023, questions arose due to differences in the president’s signatures Dina Boluarte in these documents. This has generated questions about the veracity of the signatures and the actions of the president from various sectors.
In The Republicwe consulted three specialists in Criminal law to analyze what crimes could be configured if it is shown that the signatures were not made by Dina Boluartewhat the possible penalties would be and what aspects should be considered in their evaluation.
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Dina Boluarte: could she face up to 10 years in prison?
In this regard, the criminal lawyer and professor of Criminal Law, Caesar Nakazakiassured that the authenticity of the presidential acts signed by the president will be part of the investigation opened by the National Prosecutor’s Office.
“A preliminary investigation has been initiated to determine whether the president was incapable of performing her duties due to the medical-surgical procedure to which she was subjected. During that period, several presidential acts were carried out that would justify her capacity to perform her duties. Therefore , It is necessary to evaluate whether these documents are authentic or not“Nakazaki noted.
The criminal expert stressed that only an expert, such as a graphoanalyst or graphologist, can clarify doubts about the authenticity of the signatures. “This will be one of the topics investigated in the preliminary proceedings opened by the National Prosecutor’s Office“he stated.
Nakazaki warned that, if the forgery of the signatures were proven, the legal consequences would be serious. “If it is proven that the signatures were forged, we would be facing a case of material or documentary falsity. As these are public documents,The penalty could reach up to 10 years in prison“he explained.
The expert also stressed that, to prove the falsity of a presidential act, it is not enough to analyze the signature. “An emergency decree, for example, involves a procedure in which other public agencies participate. Falsehood, in a government act, would have to cover all the areas involved, unless it is a problem of dates.. “This is something that needs to be investigated in depth,” he added.
“We would be talking about a crime of aggravated falsehood”
For his part, the criminal Luis Lamas Puccio coincided with Nakazaki and pointed out that, if the falsification was proven, a crime of aggravated falsehood. “If the signature is not authentic, we would be facing a crime of aggravated falsehoodsince it is a public document. Instigators (those who arranged for it to become feasible to adulterate and falsify the veracity of its content), accomplices (those who facilitated the act) and authors (those who participated by endorsing the document) could be identified. The penalty could reach 10 years in prison“, held.
Meanwhile, Mario Amorettian expert lawyer in Criminal Law, opined that the crime would only be established if the content of the documents differs from what was officially approved. “If the content is different, we would be facing a case of ideological falsehood, which would also be a matter of investigation,” he explained. Furthermore, Amoretti pointed out that, if it is proven that the signatures do not belong to the president, she could face up to 10 years in prison: “Because it is a public document, Forgery of the signature carries that penalty“he concluded.
