The bench of Free Peruat the initiative of Congresswoman Kelly Portalatino, presented a bill that proposes punishing judicial persecution and the improper use of law as a political weapon with jail time.
It’s about the legislative initiative 3309/2022-CR, which proposes to incorporate article 418-A to the Penal Code approved with Legislative Decree 635, criminalizing both acts. In this way, said device would look like this:
“The judge, prosecutor or political or administrative authority, who instrumentalizes justice through unmotivated decisions or without any element of conviction or solely due to political, ideological or media influence, will be punished with a custodial sentence of not less than six nor more eight years old”.
In the explanatory memorandum it is pointed out that in our country the instrumentalization of justice has been seen from “Punish those who commit the crime of accusing without evidence for partisan purposes, contrary to the separation and independence of powers, ignoring due process and the rule of law”.
“Through this judicial method, the aim is to discredit, discredit the political career of an opponent, or block a public policy of a political authority or nullify the political enemy, either to prevent him from running in future elections or even to exclude him from the election. political life”he pointed.
“In this legal war, the media play a transcendental role in disseminating information, and significantly influence public opinion regarding who is the victim of the criminal actions described”he added.
Thus, it states that the inclusion of this article will provide a “legal instrument to prevent or. If it is the case, prosecute criminal actions of improper use of the judicial system for the benefit of private interests and to the detriment of the general interest, such as public tranquility and social peace.”.
“It provides a new legal tool to the criminal system in order to punish those who make improper use of criminal justice, affecting the image and honor of people engaged in political activities”narrowed down