The president of the Constitutional Court, Luz Pacheco, indicated that Mario Vizcarra, candidate for the presidency and the Senate for Peru Primero, would be prevented from participating in the 2026 Elections due to the embezzlement ruling against him. Although it was consented to and enforced, the judge points out that her institution maintains the validity of the restrictions for those convicted of corruption.
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In an interview with Canal N, Pacheco referred to the JNE’s position of defending the right to political participation. “The previous panel by majority determined that people who have been convicted of this type of crime, even if they are rehabilitated, cannot participate. In this college, lawsuits have been filed, but for the crime of terrorism. It was determined that if they are rehabilitated, they do have the right,” he noted.
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In that sense, he stressed that this only applies to the case of terrorism, but did not rule out that, if requested, Mario Vizcarra’s situation would be reviewed individually.
“I would not be surprised if this reaches the TC, but in principle I declare that the crime (embezzlement) was present in previous lawsuits in which it was established that they could not apply. We will have to look at the specific case because not all of us in the magistrate always agree. If the constitutionality of a norm has already been validated, we must respect it,” he added.
TC ruling prevents electoral nominations for those convicted of the crime of peculad
The rule referred to by the highest authority of the TC is the accumulated sentences 00015-2018-PI/TC and 00024-2018-PI/TC, which establish that whoever has a final sentence for an intentional crime (including embezzlement, which is corruption) has their right to citizenship suspended and, therefore, is prevented from running for public office, since their sentence already has the quality of res judicata and is mandatory for everything.
“For the law challenged in the present process, a person convicted by a final judgment as the author of the crimes of collusion, embezzlement or corruption of officials will never be able to apply for a representative public office (such as president of the republic, congressman or mayor), even if he or she has been rehabilitated,” it reads.
Mario Vizcarra has received a strike on his presidential candidacy for having had a final sentence for the crime of embezzlement corresponding to 2005. Likewise, the Special Electoral Jury of Lima Centro 2 (JEE Lima Centro 2) declared his candidacy for the Senate inadmissible. In the latter case, the resolution does not explain the reasons for the observation, but mentions the conviction.
