The investigation provided by the Prosecutor of the Nation, Delia Espinoza, against the Supreme Prosecutor Zoraid This type of crime. Which shows that the complaint of part presented by lawyers Luis France and Luis Pacheco Mandujano has political objectives that would seek to discredit the Effective Collaboration Agreement with the construction company Odebrecht.
Both Law 30077 of Organized Crime, which was modified by Congress in Law 32108 and promulgated by the Executive Bran the illicit committed by a criminal organization.
“The modification of the Organized Crime Law imposed by Congress has to do with patrimonial crimes; that is, when members of a criminal group can extract patrimonial benefits. One of the most important modifications is that the alleged criminal organization should have as its objective The control of an economic activity, so the complaint filed does not meet those requirements, “said Carlos Rivera, a lawyer for the Institute of Legal Defense (IDL).
The Prosecutor’s Office is repeated in the investigation of Supreme Prosecutor José Fernando Timimrchi Meléndez, of the Supreme Prosecutor’s Office specialized in crimes of public officials, against the Superior Prosecutor and Coordinator of the Special Equipment Lava Jato, Rafael Vela Barba, for the agreements With Brazilian companyOdebrecht,outside the framework of the effective collaboration agreement.
“It is an excess of the Nation Prosecutor, Delia Espinoza to open investigation against Zoraida Ávalos. The inquiry collides the budgets of the current law of organized crime, even with the previous law. The possibility of sustaining verifiable and corroborable stories of the complainants about What roles have fulfilled the alleged organization is a fairly difficult task, especially if they denounce them in the exercise of a legally established function, “Carlos Rivera said to this medium.
In that criticism, the lawyer César Nakazaki also questioned the investigation against Ávalos and Vela who also involves the attumer ad hoc Silva Carrión and former attorney Jorge Ramírez. On this, he described the measure as “an error”, because the agreement with Odebrecht was carried out under the protection of the conventions of Mérida and Palermo, not of the Criminal Procedure Code, so the investigation falls to a “ignorance in law international”.
“The criminal organization is aimed at the commission of a certain number of crimes, and never a prosecutor could qualify as the object of criminal organization the conclusion of agreements that are backed in international treaties, whose legality is established by the Judiciary through the Homologation judgment, “César Nakazaki said to the Republic.
The lawyer pointed out that the effective collaboration of Odebrecht has been the most complex in judicial history for its magnitude, since, international law tools had to be applied in Peru such as criminal cooperation, judicial immunity, etc.
“It is unjustifiable that a fight with prosecutors of the Lava Jato team generates complaints of immunity agreements with the prosecutors of Brazil, Odebrecht and its executives; held before the effective collaboration agreement, which allowed significant flow of information for criminal cases,” he said.
It should be noted that lawyers Luis France and Luis Pacheco Mandujano are representatives of businessman Gonzalo Monteverde, who has been fugitive from justice since 2018. On Monteverde, the Prosecutor’s Office accuses him of laundering money of illicit origin of the Brazilian company, but Odebrecht is not included in the process.
France and Pacheco Mandujano were summoned to ratify their complaint this Tuesday, February 11 in the office of the prosecutor Timimchi, as witnesses. Both must support the complaint and present the evidence or indications of the alleged crimes committed by the Coordinating Prosecutor of the Lava Jato case.
