He Constitutional Court (TC) left two key numerals of Legislative Decree 1373 on Domain extinctiona rule that since 2018 allowed the State to seize assets to processed persons without prior criminal conviction.
The norm established that the domain extinction applied to any contract, sale or transfer of goods that had illicit origin or destination. Even those acquired before the validity of the law.
But the TC said that the norm cannot be applied automatically or retroactively to goods whose origin or destination is not sufficiently proven or linked to serious crimes, Without a criminal sentence No due process.
Its execution, from the judgment of the constitutional body, will be limited to combat the racketeeringwhich incurs money laundering, illicit drug trafficking and other crimes.
Within that framework, politicians processed by domain extinction, such as the former president Alejandro Toledo and the former governor Vladimir CerrónThey will use the tribunes to request that their assets be returned to them.
They prepare applications
The lawyer Toledo, Roberto Su, announced Peru21 That with the recent Judgment of the TC, he will request the definitive archive of the domain extinction process that weighs on the real estate that were in the name of his client and his wife, former first lady Eliane Karp.
“In the case of Mr. Toledo, his house in Camacho, in Surco, was bought in 1997 and the house of Punta Sal (Tumbes) the mortgage was paid in September of 2012,” he explained, arguing that the properties were acquired and paid before the entry into force of the standard.
The domain extinction process against Toledo’s assets began in 2023, but according to the lawyer the preliminary proceedings began three weeks ago. Toledo’s defense had already requested the case file until there is a final sentence, an order that was denied and is in appeal.
“There is a hearing that has been scheduled for August 19 where he will continue, we understand, the probative action. In this interim, yesterday (Wednesday) the Judgment of the TC has been published,” he told this newspaper.
The lawyer Erasmo Reyna, legal defender of the late former president Alan García, said that the recent sentence on the Domain Extinction Law reinforces the request they have already made to archive the process initiated against the ex -president’s assets.
He added that Garcia only had an investigation in the scope of simple suspicion, but there was no preparatory investigation or criminal process.
“The domain extinction process was illegal, unconstitutional, and with the court ruling this is settled,” Reyna said Peru21.
The lawyer pointed out that the main good affected was the house in Miraflores, where he shot in April 2019, as well as some investments derived from his compensation for time of services.
In addition, the house was included on the beach Los Cocos in the district of Asia, owned by the mother of Garcia’s last son, Federico Danton.
The criminal lawyer Andy Carrión told Peru21 That this judgment redefines the limits of application of said legal figure and can have a direct impact in several emblematic cases.
“The legality of the goods has to be presumed, and not transferred to the affected person who has to demonstrate where the goods obtained. The informality that occurs in our country cannot be sanctioned or considered criminal,” he said in conversation with this newspaper.
This ruling could also be applied in the case of the fugitive owner of Peru Libre, Vladimir Cerrón, to whom in May the Judiciary seized more than S/1.6 million in a domain extinction process. As is known, he is prosecuted for crimes of corruption as in the case of the center’s dynamics, the oroya and antalsis case.
“This will have consequences in those cases. If criminal organization was imputed, perhaps it may make sense (the domain extinction), but if they are not imputed that crime, they should have the consequences of this judgment of the Constitutional Court,” said Carrión.
TAKE INTO ACCOUNT
This ruling was given after the lawsuit filed by Josué Gutiérrez Cóndor, former fugitive from the fugitive Vladimir Cerrón and current defender of the People. This benefits the company of his sister Sara Gutiérrez Cóndor, Multiservicios and Constructora JJJ Cruz Eirl, who had already requested in May the archive of a demand for domain extinction presented by the Prosecutor’s Office.
