The specialist explained that the report approved yesterday will be forwarded to the Permanent Commission, this group normally does not debate, but if the debate is allowed and then it is voted and approved, they return the report to the Subcommission and give it a period of 15 working days as maximum to initiate an investigative process.
YOU CAN SEE: Pedro Castillo visited Dina Boluarte and met with the attorney for constitutional issues
This term begins to run from the moment the chairperson of the Subcommittee reports the decision of the Permanent Commission. The first step to take is to elect a delegate for the case, who will then give a written report of facts and pertinent evidence, so that the members of the Subcommittee are informed of the case. Subsequently, a session is scheduled in which the parties to the case participate, that is, the complainant and the accused.
The Permanent Commission is directed by the Board of Directors of Congress and 29 other legislators. In total there are 33.
In a next session, the delegated congressman will have to give a final report in which he recommends or not the origin of the constitutional accusation. If he is supported by this group, he is referred to the Permanent Commission. In this instance it is debated and voted. If they also support him, he goes to the plenary session of Parliament. Until then, approvals are given with the absolute majority of votes in favor, that is, half plus one of those who are qualified and present.
However, in plenary the situation changes. In this last step, the complaint will be voted on separately from the accusations and without counting those who voted in the Permanent Commission, which is not necessarily the number of members, there may be fewer who have voted on the report.
YOU CAN SEE: Anti-corruption prosecutors support Omar Tello after testimony of Karelim López
On the accusation of treason against the fatherland, which is considered a crime in the exercise of functions, an absolute majority is required to approve the impeachment. The absolute majority consists of the number of votes greater than half the legal number of congressmen without counting the members of the Permanent Commission. In addition, as indicated in article 89, paragraph i of the Rules of Congress, parliamentarians can suspend a high-ranking official, in this case President Pedro Castillo, with the same number of votes.
As a consequence of this measure, Congress refers the case to the Supreme Court so that a trial can be initiated for the accused crime. That is to say, the Congress does not reach a sentence, who does it is the Judicial Power.
To approve the constitutional infraction, the support of 2/3 of able-bodied congressmen in the plenary session is required. This case is a political trial, so the sanctions, as stipulated in the same article in the third paragraph, legislators can suspend, disable or remove the president.
Delgado-Guembes reiterates that this procedure is not related to the vacancy , but that the dismissal or suspension have the same purpose, which is to remove the senior official from office. Although this process is longer.
YOU CAN SEE: We transcribe Karelim López’s statement to the Prosecutor’s Office
They work in the vacancy
Jorge Montoya reiterated that they have decided to present a vacancy motion. Photo: The Republic
In the Board of Spokespersons, the Karelim López-Pedro Castillo case was mentioned, but, according to José Jerí, from Somos Perú, to the Congress channel “It has prevailed that we must be respectful of the procedures”, in relation to the fact that said statements are not yet corroborated.
Jorge Montoya, spokesman for Renovación Popular, reported that at this meeting he gave each bench spokesman an official letter with the 18 arguments of the vacancy motion that they work “so that they can analyze”. Avanza País reported that they are preparing another initiative, so they will not sign the Popular Renewal initiative.
