The Supreme Court of Preparatory Investigation declared unfounded the protection of rights promoted by the defense of President Pedro Castillo in the preliminary investigation that follows him for the alleged crime of personal concealment.
Supreme Judge Juan Carlos Checkley concluded that in this case the right to due process and the right to defense were not violated when the Public Ministry took the statement of the former Minister of the Interior Mariano Gonzalezon July 20.
It also specifies that the prosecutor’s office can carry out a preliminary investigation or action to define whether or not it has to initiate the preliminary investigation or preliminary proceedings, since this is enabled by the Constitution, the Code of Criminal Procedure and other regulations.
In dialogue with the newspaper El Comercio, the president’s lawyer, benji espinozahad argued that the appeal he filed is for violating the principle of procedural legality, legal certainty and the right of defense.
“The statement of Mariano González was taken as a witness alone, alone with the prosecution, without summoning the defense, preventing cross-examination, preventing the participation of the defense in the proceeding”he expressed.
“To do this, they created a figure that is that of the preliminary investigation and that does not exist in the Organic Law of the Public Ministry or in the Code of Criminal Procedure”added the president’s lawyer.
Espinoza maintained that leaks are prohibited under the Criminal Procedure Law and that reserved actions cannot be disclosed by other means. “And the prosecution is responsible for deliberate action or omission”sentenced.
