Criminalist Julio Rodríguez: "The TC has not indicated that Cerrón is innocent"

The criminal Julio Rodríguez questioned the ruling of the Constitutional Court that annulled the sentence of 3 years and 6 months against the fugitive former governor of Junín, Vladimir Cerronfor the Wanka Aerodrome case.

Sentence of 3 years and 6 months for the Wanka Aerodrome case is invalidated by the court, which orders the higher court to issue a new ruling. The Appeals Chamber did not justify the decision by which this process was not declared time-barred.

As recalled, the highest interpreter of the Constitution ordered the Judiciary to reissue a ruling against the owner of Perú Libre.

Rodríguez considered that the “TC lacks, within its composition, a specialist in criminal law.” In that sense, he indicated that in other countries these high courts do have criminal lawyers “because they have to resolve habeas corpus.”

Likewise, he considered that the judges of the TC have fallen “into an error of understanding regarding the nature of the cassation appeal.” He explained that this is an extraordinary resource and indicated that when there is a sentence issued in the second instance, it must be executed in the same way.

“It does not suspend the execution of the sentence because that resolution is already final”he said in RPP.

In his opinion, what was decided by the TC regarding the case of Vladimir Cerrón is that the process must return to the courtroom, the sentence is annulled “and this situation must be evaluated by another court.

However, he emphasized that the highest interpreter of the Constitution “has not indicated that [Vladimir Cerrón] is innocent or that the act must be prescribed”.

“What I believe is that there are clear elements of the commission of the crime. The problem is how long the justice system has taken to reach a conviction,” he said.

The other cases

The criminal lawyer assured that it was necessary for the TC to issue a sentence in various cases such as that of Cerrón, Patricia Benavides and Martín Vizcarra even at the same time.

“Evidently they were informed about these issues, the legal allegations of the defenses had already occurred. Nor can they go on vacation and leave the cases unresolved,” he considered.

Along these lines, he highlighted that the rulings issued are important “because many of these decisions are going to have a certain degree of significance.”

In the case of the former National Prosecutor, Patricia Benavides, Rodríguez explained that the TC has indicated that it is that entity that must decide whether the grievance appeal presented by the dismissed prosecutor should be resolved.

“It does not mean that Benavides is going to return to his role as prosecutor, nor that the TC is advancing him,” he stated.

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