Luck seems to smile on the president of the Peruvian Football Federation (FPF), Agustin Lozanoinvestigated by the case called The Galacticos of Soccer. More than due to its own merit, it is due to the law 32108 and its amendment to the law 32138which modified the definition of the crime of racketeering.
Lush fell from grace a little less than a month ago, the November 7when prosecutors and officers of the Police executed the arrest warrant against him on charges of criminal organization, fraud in administration of legal entities, coercion, corruption in the private sphere and money laundering.
The preliminary arrest was authorized by the judge Richard Concepción Carhuancho for a period of 15 days. However, the measure was revoked on the 12th by the Fifth National Criminal Court of Appeals.
The collegiate chaired by the superior judge Sonia Torre ordered the immediate release of Lozano and three others involved in the case due to two elements: Law 32138 and the precedent of the Supreme Court by forcibly absolving a large part of the criminal network Rodolfo Orellana.
Fifth National Criminal Court of Appeals.
The rule establishes that the crime committed by a group of three people must have a minimum sentence of 5 years to be considered a criminal organization. This, says the Criminal Court and the Supreme Courtdoes not contravene the Palermo Convention.
Thus, the crimes attributed to the president of the FPF (fraud in the administration of legal entities, coercion and corruption in the private sphere) have minimum sentences of between 2 and 4 years, so, at the discretion of the referee, the crime of criminal organization.
Then, the Organized Crime Prosecutor’s Office in charge of the case required preventive detention against Lush for 36 months. However, at the hearing a rescheduling was requested to analyze the ruling that revoked the preliminary detention in application of the Law 32138.
The preventive detention hearing was scheduled to be resumed on December 10, but this will be void.
Repercussion
The Third Specialized Corporate Supraprovincial Prosecutor’s Office against Organized Crimeconsidering the ruling that revoked Lozano’s preliminary detention, determined not to continue with the accusation for criminal organization. It was also ruled out that it could fit into a case of criminal gang.
Already the Appeals Chamberbut above all the Supreme Courthas a criterion regarding the Law 32138: it does not contravene the Palermo Convention, so a possible request for non-application via conventional control would not prosper.
Therefore, the Prosecutor’s Office decided to adapt the facts as a real competition of crimes with the aggravating factor of plurality of agents.
Thus, the Subsystem against Organized Crime lost jurisdiction to investigate the case The Galacticos of Soccer and referred the tax file to Specialized Subsystem in Money Laundering led by the senior prosecutor Rafael Vela.
Tax provision that refers the Galacticos del Fútbol case to the Money Laundering Subsystem.
The Money Laundering Prosecutor’s Office must evaluate whether it requires Judiciary that is imposed preventive detention either appearance with restrictions against Agustin Lozano and the others involved.
