The preparatory investigation judge JUAN CARLOS CHECKLEY SORIA welcomed the president’s request Dina Boluarte so that the office of the Prosecutor of the Nation, Delia Espinoza question and listen to the technical analysts of the Comptroller General of the Republic before deciding if he files a constitutional complaint with the Congress for the alleged crime of illicit enrichment.
The Prosecutor’s Office refused to question the technical witnesses, the public accountant Sandra Calderón Lázaro and the lawyer Martha Antezana Córdova considering that this diligence corresponds to more advanced stages of the process, since in preliminary investigation what is sought is to gather indications of the existence of a probable crime, in order to initiate preparatory investigation for public trial.
You can see: The Comptroller Clean Dina Boluarte by ruling
However, Checkley considered that the request presented by Boluarte’s lawyer, Juan Carlos Portugal It is pertinent, useful and necessary as it will allow the nation’s prosecutor to have a better understanding of the facts, in the case of a preliminary investigation that seeks indications to submit a constitutional complaint before the Congress of the Republic.
The reasons for the judge in favor of Boluarte
“It is true that in this case a senior official of the Nation, the president of the Republic, is being investigated, who enjoys the prerogative of the prejudice, that is, that after the formalization of preparatory investigation, a constitutional complaint is required for the Prosecutor of the Nation and the corresponding parliamentary procedure; This means that preliminary proceedings have all the necessary, useful, relevant and conducive investigation material, in addition to ideal so that the terms of the accusation are properly evaluated in the political forum, “the judge argued.
“It is also true,” he added, “that the crime of investigation is that of illicit enrichment, one in which by its very nature, the fundamental evidence, in an eventual judgment by its very nature, the fundamental evidence, in an eventual judgment, It is expertise;
You can see: Dina Boluarte records bank deposits for 58 thousand soles of unknown origin
On the aforementioned technical witnesses that are professionals of the sub -management of control of the Comptroller General of the Republic who made the specific inspection report of the president’s affidavits Dina Ercilia Boluarte Zegarra from the period February 2022 to February 2024.
“It should be taken into account that it is an evaluation carried out by a decentralized entity of Public law that enjoys autonomy (…); As seen, it is a report in which the parties have no participation, so it is feasible, taking into account that it is relevant to the purposes of the investigation (in this case a preliminary one to a possible or not constitutional complaint) that The parties can obtain the statements of those who made said report. ”
A technical report that cleans Boluarte
The report of the Superior of Supervision of the Comptroller General of the Republic It was prepared by public accountants Sandra Calderón Lázaro, an inspection analyst, María Acuña Moralessupervisor, and the lawyer Martha Antezana Córdovalegal analyst. This report was approved by the Supervision Deputy Manager, the lawyer Vanessa Walde Ortegathe youngest daughter of former Supreme Judge Vicente Walde Jáuregui.
This report indicates that after analyzing the respective sworn statements and the clarifications of Boluarte Zegarra “It is concluded that no signs of an alleged unjustified patrimonial increase in the controlled period have not been identified.” One of the reasons why the defense lawyer wants prosecutors to interrogate the technical witnesses of the Comptrolleris that the report that cleanses the President appears in the documents that could reach Congress.
In addition, the defense of Boluarte wants to use the Comptroller’s report to contradict the official financial accounting expertise carried out by the Prosecutor’s Office. The official expertise finds that in the bank accounts of President Boluarte, deposits of Origin unknown for up to 58 thousand soles. That is, money that has no origin in the known legal income of the president.
