The Special Criminal Chamber of the Supreme Court announced that it will evaluate incorporating the crime of conspiracy for rebellion In the trial for the coup attempt of December 7, 2022 against Pedro Castillo. Judge Norma Carbajal said that this option does not replace the current fiscal accusation (rebellion, abuse of authority and serious disturbance of public tranquility) for which the Public Ministry requests 34 years in prison.
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The measure, adopted by majority of judges José Neyra and Norma Carbajal (with a vote against Iván Guerrero), is protected by article 374 of the Criminal Procedure Code (Procedural Discourse) and opens a new framework for legal debate. After the decision, the prosecutor Edward Casaverde asked for a period of up to five days to rule, noting that the head of the office is the supreme prosecutor Zoraida Ávalos.
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The Special Criminal Chamber of the Supreme Court opened the door to incorporate the crime of conspiracy for rebellion In the trial for the “coup d’etat” case of December 7, 2022. The majority of the collegiate applied the figure of Procedural disconnection To warn the parties that, based on what has already been discussed at a hearing, they could requalify legally The facts without replacing the accusation in force for rebellion, abuse of authority and serious disturbance of public tranquility.
“This new qualification that is proposed does not replace the proposed by the Public Ministry, but it allows a new one to incorporate,” said Judge Norma Carbajal during the last hearing.
In addition, he argued that during the performance of evidence and allegations, references arose that “contingently” would fit in conspiracy for rebellion; Therefore, the topic will be discussed in the next few days. The Prosecutor’s Office – now represented by Edward Casaverde – requested up to five days to pronounce, noting that the head of the office is the supreme prosecutor Zoraida Ávalos. In the background, the Public Ministry itself had shuffled the conspiracy In investigation, but he omitted it when he formalized the accusation in January 2024 (then in charge of the prosecutor Galinka Mezawho resigned in April). Penalists consulted by the environment specify that the conspiracy has a Minor probative standard and sorrows Up to 10 yearsin front of the up to 20 of the rebellion, although the Court will decide in the end if it opts for one, for both in an alternative way or by none.
