On August 2, it became known that the Power of attorney decided to reject the request in the second instance the legal defense of the family of the former mayor of Lima, Luis Castaneda Lossio, which consisted of lifting the embargo measures on a property and a vehicle linked to the former district authority within the framework of the investigations being carried out by the so-called Lava Jato case.
Along these lines, the Third National Criminal Appeals Court ratified the measure imposed by the judge Margarita Salcedo on November 10, 2023. The resolution issued by the aforementioned judge, which declared the request of the family of Castaneda Lossioindicated that it denied the request to lift the embargo decreed on 33.34% of the rights and shares of the property located in the district of Surco, as well as 100% of the rights and shares of a vehicle that belonged to the former mayor.
The family of Luis Castañeda filed an appeal against the decision of the preliminary investigation judge, because, in their opinion, maintaining the precautionary measure violated the principle of procedural legality, since after the death of the former mayor of Lima, the extinction of the criminal action and the archived investigations had been declared. Therefore, according to the defense, the restrictions on the assets should have been stopped.
The Third National Criminal Appeals Court He noted that the ongoing civil action is independent of the criminal action. However, in January 2022, the partial filing of the investigation was declared, which was favorable to Luis Castañeda Lossio due to his death, which does not imply that civil action has the same result.
“From the moment the citizen died Castaneda Lossiohis assets, rights and obligations that formed part of his estate are transferred to his successors, which justifies guaranteeing the effective jurisdictional protection of the aggrieved party with the crime that was charged to the now deceased,” reported the media Infobae after having access to the judicial resolution of the Power of attorney.
Ad Hoc Prosecutor’s Office in the Lava Jato case seeks compensation for the Peruvian State
It was also learned that the Ad Hoc Prosecutor’s Office for the Lava Jato case seeks compensation for the Peruvian State in the aforementioned criminal proceedings. This purpose is supported by the jurisprudence and the current law of the country. It is worth noting that Luis Castaneda Lossio was Mayor of Lima on three occasions, and after completing his last term he was accused of receiving bribes in the context of the case Odebrecht and OAS.
These Brazilian companies are linked to the Lava Jato case, which sparked a scandal after it was revealed that various authorities in different countries had received bribes in exchange for being awarded public works contracts. The investigation into the former mayor of the capital focused on his last term as a local authority.
