The recent judgment of Constitutional Court On the Domain Extinction Law, it could have serious consequences for the Peruvian State. Not only does it represent a setback in the legal mechanisms to recover assets obtained through criminal activities, but also could benefit emblematic cases, such as linked to Odebrecht and Orellana clanwith the possible return of up to one billion soles.
According to information obtained by the Republic, the Sixth Transitory Provincial Prosecutor for Lima Domain Extinction It currently manages 33 cases related to Odebrecht. If the TC failure was applied, all these files would be archived, which would mean an economic damage of more than 880 million soles for the State.
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Within the Odebrecht case are investigations for crimes of money laundering and against public administration, mostly linked to former presidents and political figures. In the investigation stage are the Cases by Pedro Pablo Kuczynski, Alan García, Jorge Barata, Martín Vizcarra and the company Rutas de Lima Sac. All these processes are still in preliminary phase. In addition, the case of Alejandro Toledo has already been prosecuted.
If these investigations were archived, the consequences for the fight against corruption and organized crime would be severe. This was warned by the prosecutor Dino Cano Gamero, national coordinator of the prosecutors specialized in extinction.
“Yes, the resolution expressly orders the judges to file the cases. For example, the sixth prosecutor’s office of Lima, which carries the COdebrecht Asoshas 33 files that would be archived, which represents a damage of 880 million 407 thousand 483 soles. There are 29 cases in process and 4 already judicialized that could fall. This is a grievance for the State. ”
Another case that would be directly benefited is that of the Orellana clan, led by Rodolfo Orellana. This criminal network, one of the largest and most complex in the country, accumulates 99 fiscal folders related to domain extinction processes: 3 in judicial stage and 96 still in preparatory investigation. The attributed crimes include money laundering and corruption of officials, within the framework of an organization with links in various public and private institutions.
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According to fiscal information, if the Judgment of the TC is applied, this network could benefit from the return of approximately 200 million soles in seized goods.
“The criminal system is independent of the domain extinction. Criminal investigation will continue through corruption and organized crime prosecutors. However, losing the possibility of seizing assets directly affects the fight against criminal organizations and their illicit resources,” said prosecutor Cano Gamero.
