The Third National Criminal Appeals Chamber reactivated the effective collaboration agreement of Jorge Barataafter annulling the revocation of the criminal benefits enjoyed by the former Odebrecht director in Peru.
LOOK: URGENT Barata will no longer collaborate with Peruvian justice
Last July, Judge Margarita Salcedo accepted the request of prosecutor José Domingo Pérez to annul the agreement signed in 2018 by the Public Ministry and the former Brazilian executive.
Salcedo concluded that Barata breached the deal by not appearing to testify at the trial of former President Ollanta Humala.
However, the court questioned the judge for taking that position without having required the collaboration agreement to verify what the clauses were and whether, in fact, there was a violation by the defendant.
“In this regard, this Collegiate Superior does not have the effective collaboration agreement (due to its reserved nature) to verify the existence of the negotiation and direct treatment phase prior to the presentation of the requirement to revoke the benefits of an effective collaborator, for which should have been a matter of explicit discussion in the respective hearing, both the existence of the aforementioned phase, its time and the manner of its conclusion, as well as verifying whether or not there was a prior investigation referred to in paragraph 1. of art. 480 of the CPP, therefore this grievance must also be declared founded,” reads the ruling issued on September 19, to which he acceded. Peru21.
César Nakazaki, the businessman’s lawyer, alleged that the signed collaboration stipulated a “negotiation and direct treatment phase” when an impasse arose between the parties. In his opinion, that stage did not exist and it was the Prosecutor’s Office that kicked the board.
Consequently, the court presided over by Judge Ramiro Salinas ordered that Prosecutor Pérez’s request be evaluated again by the Fifth National Preparatory Investigation Court.
It is worth remembering that two weeks ago, Judge Leodán Cristóbal issued 36 months of preventive detention against Jorge Barata for, precisely, violating the agreement with the Lava Jato special team.
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