The leader of the political party We can Peru, José Luna Gálvezhas requested the Public Ministry and to Judiciary that the precedent set by the Constitutional Court in its ruling in favor of Keiko Fujimori, which filed the criminal accusation against the leader of Fuerza Popular in the Cócteles Case, be applied.
If the aforementioned precedent is considered, Luna Gálvez could be free from the investigation being followed for financing political campaigns.
In the document presented by Luna Gálvez’s legal defense, the request is formally presented to the Supraprovincial Prosecutor’s Office Specialized in Crimes of Corruption of Officials, maintaining that the decision of the TC regarding the case of Keiko Fujimori establishes as binding doctrine that campaign contributions cannot be criminalized with the figure of money laundering “if the events occurred before November 2016.”
On this date, the modality of “property reception” was incorporated into the Peruvian criminal framework through Legislative Decree 1249.
In that sense, it proposes that the tax hypotheses related to campaign contributions be excluded from the criminal process that is followed, arguing that any infraction would be limited, in the best of cases, to the administrative sphere and not to the crime.
With this, he requests that part of the investigation be archived and that the process that responds to other crimes allegedly committed by public officials be continued only if the prosecutor’s office finds sufficient elements.
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