Last Friday, the Constitutional Court decided to annul the effective prison sentence of three years and six months that the Transitory Criminal Appeals Chamber Specialized in Corruption Crimes of Junín imposed on Vladimir Cerrón for the Wanka Aerodrome case.
The decision that declared the habeas corpus appeal filed by the fugitive’s defense founded was agreed upon by a majority of the members of this TC, elected in Congress with votes from Fuerza Popular and Perú Libre in 2022.
Judges Gustavo Gutiérrez, Francisco Morales, Pedro Hernández and Helder Domínguez voted in favor of annulling the conviction, while Luz Pacheco, César Ochoa and Manuel Monteagudo spoke against it.
In that sense, Pacheco, president of the TC, referred to the case, pointing out that it has not been determined that Cerrón is innocent with the decision to annul the effective prison against him.
“The Court has not determined that Cerrón is guilty or innocenthe simply said ‘room, speak again, take these elements into account so that your ruling is correct,'” he said in a conversation on the program End Point.
“The four in majority consider that precisely because it has not been defined exactly when the act of collusion began, they consider that the court did not adequately rule to establish the limitation period. For me it was clear. What the court says, and I agree, is that when the contract is signed is when the crime is consummated.“he added.
Pacheco stressed that the decision of the Constitutional Court does not imply that Cerrón is free from investigations, but rather that they urge the court to “rule again taking into account whether it is a continuous or instantaneous crime.”
Why did the TC annul the conviction of Vladimir Cerrón?
According to the court, the court’s decision did not determine whether the crime of simple collusion for which the former regional governor of Junín was convicted was an instantaneous, continuous and permanent crime, nor did it adequately specify the decision by which the process It was not declared time-barred, thus violating the right to due motivation of judicial resolutions.
Given this, it ordered this courtroom to issue a new ruling in which the above is considered and determine whether the criminal process remains in force or, if not, is archived.
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