Last Wednesday, June 8, the president of congress, Maria del Carmen Alvawas criminally denounced before the Public Ministry for the alleged crime of sedition. The citizen César Leandro presented an accusation after the broadcast of the leaked audios in which he is heard by the populist action refer to a possible coup against the President of the Republic, Pedro Castillo.
Now, it will depend on the National Prosecutor’s Office if it admits to processing and decides to open a preliminary investigation against Alva Prieto or, on the contrary, considers it unnecessary to open inquiries to determine if there are elements to carry out the complaint against the president of parliament.
In that sense, what scenarios await the People’s Action congressman after the criminal lawsuit against him for the alleged crime of sedition?
Maria del Carmen Alva, Congress. Photo: composition Gerson Cardoso / La República
YOU CAN SEE: María del Carmen Alva: What crimes are you accused of before the Prosecutor’s Office?
In this regard, the criminal lawyer Claudio Cajina commented to The Republic that in the case the Public Ministry decides to open Preliminary investigation, this would proceed like any other diligence. He explained that the Prosecutor’s Office would summon Maria del Carmen Alva for you to give your discharges.
Likewise, he indicated that the prosecutor probably requires that the interlocutors in the conversation be identified and that, based on this, he reaches some conclusions.
“The criminal process is divided into a first stage, which is the preliminary investigation. Then there is a preparatory investigation. After these two stages, if the prosecutor considers that he has elements to accuse, he presents his accusation”, the lawyer told this newspaper.
YOU CAN SEE: The audio leaks that shook Peruvian politics
The criminal law specialist recalled that congressmen are no longer covered with parliamentary immunity. In this sense, he pointed out that there is no restriction for legislators to be investigated by the Public Ministry or, later, accused.
“Today the congressmen do not have the guarantees or the protections that they had before and, therefore, no need to ask for any immunity lift or something like that. Simply, the accusation is processed as such“, said.
Similarly, Claudio Cajina clarified that not because Maria del Carmen is the president of Congress is exempt from being investigated. “The fact that she presides over Parliament does not give her a different status from another legislator,” she told this newspaper.
YOU CAN SEE: Felix Chero on Alva audios: “It is a systematic plan to destabilize the Government”
María del Carmen Alva: will the complaint for sedition against the president of the Legislative Power be admitted for processing?
For the criminal lawyer Luis Lamas Pucciothere are not enough elements for the Prosecutor’s Office to open a preliminary investigation against the president of Congress, Maria del Carmen Alva. In the opinion of the lawyer, the populist action cannot be denounced for giving an opinion.
Look. Photo: Virgilio Grajeda/The Republic
“That is a decision that the Prosecutor’s Office has to make. When opening a preliminary investigation has to see a substrate. It is not like that of resorting to filing a complaint and opening an investigation, no. But that is a decision that will have to be made by the Public Ministry”, he told La República.
Along the same lines, but with a different nuance, Claudio Cajina considered that the complaint made by the citizen does not configure solid arguments to be admitted for processing. However, he pointed out that, for transparency, the Prosecutor’s Office must start an investigation about the case.
YOU CAN SEE: Ruth Luque: Cambio Democrático will support motion of censure against María del Carmen Alva
“It seems to me that there is no crime, but that does not mean that a quick investigation cannot be opened, from which a quick conclusion can also be made. Rejecting complaints outright is sometimes not the most advisableeven more so when we have a conflictive political environment”, said the specialist.
