Betssy Chávez: what would have to happen for the former head of Pedro Castillo's PCM to be outlawed?

Betssy Chávez: what would have to happen for the former head of Pedro Castillo’s PCM to be outlawed?

The process to investigate the former president of the Council of Ministers Betsy Chavez for his alleged involvementas co-author, in an attempt to coup of Pedro Castillo on December 7, 2022, entered its final phase in the Congress of the republic. This, after the Permanent Commission approve the final report of the SACwhich includes a recommendation —at the proposal of Avanza País— that she be suspended from her position as parliamentarian while the investigations against her continue in the Public ministry, which would open the door to his lawlessness.

First, the recommendation was made by Diego Bazanwho justified the request by pointing out that this would safeguard the progress of the investigations from the preliminary to the preparatory phase: “They (Betsy Chavez and Roberto Sanchez) can use the inviolability of opinion to attack the National Prosecutor and the judges in charge, using their inspection work they can request information and could also raise constitutional accusations”. This would also allow you to request any coercive measure such as preventive detention.

in dialogue with The Republicthe constitutionalist and expert on parliamentary issues Cesar Delgado Guembes explained the nature of the suspension that is raised against Betsy Chavez: “It is a suspension basically of a procedural nature that has to do with cases in which the congressman has been constitutionally accused for crimes committed in the exercise of his function. In the case of Betssy Chávez, she is not being charged for crimes committed in the exercise of their function as congressmen, but for their status as ministers.

The mentioned by Diego Bazan was that, if approved in plenary, it would suspend Betsy Chavez while the investigations in the Public Ministry last, something that would be atypical in comparison to other suspensions that establish that the lawlessness proceed until the culmination of the judicial process.

“This type of suspension is different from what has been the case to date, which has always been until the completion of the judicial process. There is some relationship because once the investigations are completed in the Public Prosecutor’s Office, they have to define whether to accuse or not, but there is no alternative because the Prosecutor’s Office will only be able to accuse “. warns the expert.

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