The National Board of Justice (JNJ) decided to initiate a preliminary investigation against Judge Richard Concepción Carhuancho for alleged irregularities linked to his performance as head of the First Preparatory Investigation Court of the National Superior Court of Specialized Criminal Justice.
The investigation focuses on a resolution of the Constitutional Court (TC) that ordered the JNJ to reevaluate the judge’s actions in the ‘Los Waykis en la Sombra’ case, a process that was conducted by the magistrate, and after the highest interpreter of the Constitution declared founded the appeal presented by Mateo Castañeda, former lawyer of former president Dina Boluarte, one of those involved in this case, to whom Concepción Carhuancho ordered prison. 24-month preventive.
In its statement, the JNJ indicated that, after evaluating the information received, it determined that it is appropriate to open a preliminary stage of investigation against the magistrate to establish whether the judge’s actions were framed in his functional obligations, as well as in the procedural principles and standards of conduct required for the exercise of the jurisdictional function.
In its resolution last November, the TC indicated that the delay of the magistrate in notifying Castañeda of the resolution imposing preventive detention prevented the appeal from being filed and being elevated with due opportunity and speed to the Fifth National Criminal Appeals Chamber, which violated the rights of plurality of instance and defense.
In addition, he urged Judge Concepción not to again incur functional misconduct that is detrimental to the fundamental rights indicated in the records. The magistrate ordered Castañeda’s preventive detention, for alleged participation in a criminal organization, influence peddling and other crimes. In December 2024, the appeals chamber revoked the measure against Castañeda.
ANC filed previous complaint
The National Control Authority (ANC) of the Judiciary had already resolved, in December 2024, a complaint filed against Judge Concepción for the same fact: an alleged delay in elevating Castañeda’s appeal against his preventive detention to a higher court.
That time, the ANC warned that in the second instance the Fifth Criminal Appeals Chamber did not warn of any delay on the part of the magistrate and for that reason declared the complaint inadmissible.
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