Together for Peru announced the pre-candidacy for the Senate of the former president Pedro Castillo. As this is a person who is pursuing criminal proceedings for the failed self-coup d’état on December 7, 2022, it might be thought that he is not qualified for public office, however this is not the case.
José Naupari and José Villalobos, specialists in electoral law, told this newspaper that being subject to criminal proceedings does not constitute an impediment to running for office. popular election. This is based on article 34-A of the Constitution, which prevents people with a conviction in the first instance for an intentional crime from doing so.
“The impediment arises from a conviction, which Pedro Castillo does not have it yet,” says Naupari. This is stated in the aforementioned rule, which aims to guarantee the integrity of public officials by preventing the candidacy of those who have been convicted of serious crimes.
Both add that to this is added the fact that Castillo Terrones is not disqualified either to exercise public function by Congress.
“If they disqualify him before December 23, they would not be able to register him as a candidate… or if they condemn him. In his case, the defense arguments have already been made, so the sentence will be known in a few weeks. Whichever happens first,” said Villalobos.
He added that, if the former president does not have a conviction in the first instance or is disqualified by the Congresscould be presented as Senate candidate in the Elections 2026. “With a firm criminal conviction up to one day before the election, he can be excluded,” he said.
Congress seeks to disqualify Pedro Castillo
Meanwhile, the Subcommittee on Constitutional Accusations (SAC), chaired by Lady Camones, approved, with 10 votes in favor and 3 against, the final report that recommends the origin of the constitutional complaint and disqualification against former president Pedro Castilloformer Prime Minister Betssy Chávez and former Minister of the Interior Willy Huerta. All part of the process for the failure self-coup d’état.
“We have determined in the conclusion that, in accordance with the provisions of […] the Regulations of Congress and by virtue of having followed due process, in accordance with the Constitution, the Regulations of Congress, the relevant jurisprudence and doctrine, giving the parties the right to present their positions, we consider [que] the conclusions reached […] “They are constitutionally fair, considering the reasons presented and that the measures suggested to be adopted are within the normative parameters, and which we believe are effective in fulfilling the purpose of the constitutional accusation process,” said Congresswoman Ana Zegarra, in charge of presenting the final report.
