The former president of the Peruvian Football Federation, Agustín Lozano, He was released today after the decision of the Fifth National Criminal Court of Appeals to revoke his preliminary detention in the case ‘The Galacticos of Soccer’. In his first statements to the press
“I thank the authorities who have done justice, I want to thank my family, my friends who have been very close and all the leaders who trust in the work of Agustín Lozano, today I want you to respect, I will be with my family and tomorrow I will be with the entire press to speak so that it is clarified and so that you are the main communicators to the entire Peruvian community, I am going to speak with the entire press, there will not be a press that will remain without speaking with Agustín Lozano (…) above there is a God, who sees everything we do,” he told the press.
His lawyer, Giulliana Loza, stressed that his client should never have been deprived of his liberty because he had no procedural risk or evidence to have to be placed in detention.
“We consider that this was an extremely disproportionate detention and when it was not abusive, it had not complied with the law, there were no elements that could necessitate the detention of engineer Agustín Lozano, thank God today the appeal was accepted and he is now free (…) is a citizen who assumes all the corresponding positions without restriction and limitation,” said Loza.
YOU CAN SEE: Agustín Lozano will be released: Judiciary revokes preliminary detention in the Los Galácticos del Fútbol case
He was released by law 32138
The recent acquittal of Agustín Lozano and three other detainees (Genaro Miñán Armanza, Sabrina Martin Zamalloa and José Isla Montaño) is based on two key elements:
- Legal modification through Law 32138: This norm redefines the crime of criminal organization, establishing that only groups that commit crimes with a minimum penalty of five years in prison are considered as such. This definition excludes crimes with lesser penalties, such as fraud in the administration of legal entities, coercion and corruption in the private sphere, which do not meet that threshold.
- Judicial precedent of the Supreme Court: In a recent cassation, the Permanent Criminal Chamber of the Supreme Court acquitted members of Rodolfo Orellana’s network of the crime of criminal organization, applying the new definition established by Law 32138. The Court concluded that the legal modification does not contravene the Convention of Palermo, which sets the minimum sentence at four years, since countries can establish higher standards.
Based on these foundations, the Criminal Chamber determined that the crime of criminal organization is not constituted in the case of Lozano and the other defendants, because the crimes charged do not meet the minimum five-year sentence required by the new legislation.
YOU CAN SEE: Agustín Lozano is released thanks to Law 32138 and the Orellana precedent
