Pedro Castillo's lawyer asked the president to nullify the investigation

Updated on 05/31/2022 09:44 am

Just as he had anticipated the day before, the president’s attorney peter castle, benji espinozarequested this Tuesday, May 31, the absolute nullity against the fiscal provision that opened a preliminary investigation to the president accused of integrating an alleged criminal organization that distributed works from the Ministry of Transport and Communications.

Peru21 had access to the document in which it is read that “according to article 154 of the Code of Criminal Procedure, I request your prosecutor’s office to declare the remedy of absolute nullity founded”, arguing that article 117 of the Constitution prevents said act until the end of the presidential term.

In point 16 it is pointed out that “trying to investigate him – persecute him, prosecute him – in the face of an assumption not contemplated, would configure a constitutional affectation since the prerogatives contemplated in article 117 of our Magna Carta would be transgressed.

Further on, it is also argued that “the crimes of criminal organization, aggravated influence peddling or aggravated collusion are not part of the exceptional cases to persecute an acting President of the Republic, which is why said provision is null”.

In conclusion, the lawyers request that the nullity remedy deduced by this technical defense against fiscal provision No. 06, dated January 18, 2021, be declared founded, which is flawed because it affects due process in its manifestations of the principle of legality and the guarantee of legal certainty”.

Pedro Castillo’s lawyers request annulment of the investigation from the Public Ministry. (Peru21)

Why is Pedro Castillo being investigated?

According to the resolution, which was accessed by this newspaper, the Nation’s prosecutor added as new information to the case the broadcast of the audio in which the detained businessman Zamir Villaverde and the fugitive former presidential secretary Bruno Pacheco allegedly appear in dialogue.

In said conversation, which would have taken place on July 25, 2021, Villaverde and Pacheco give an account of their intention to divide the Ministries of Housing and Transportation to profit from works.

In addition, the interlocutors mention that Juan Silva allegedly paid one million soles to occupy the position of minister in the MTC. Fact that, according to what is heard in the audio, would have been known to the president Castle.