UPDATE
According to the information sent, on December 11, 2017, through Resolution 19, the Criminal Appeals Chamber of the Superior Court of Justice of Áncash, unanimously resolved, the REVOCATION OF THE SENTENCE AND REFORMING IT: ACQUITTED of the fiscal accusation LUIS ALBERTO CARLOS PASCUAL as the author of the commission of the crime against the Public Administration -crimes committed by public officials- IMPROPER PASSIVE BRIBERY, to the detriment of the State.
On December 14, 2017, the Tax Provision issued by the Second office of the Provincial Corporate Prosecutor’s Office Specialized in Corruption Crimes of Officials of the Fiscal District of Ancash provides: TO DECLARE THE SENTENCE ENFORCEABLE AND LUIS ALBERTO CARLOS PASCUAL ACQUITTED by the crime against the Public Administration – crimes committed by public officials – IMPROPER BRIBERY PASSIVE, to the detriment of the State.
ORIGINAL NOTE
The Ancash Court of Justice ordered 6 months of preventive detention against the Public Defense lawyer, Luis Alberto Carlos Pascual, who allegedly committed the crime against the public administration by requesting the sum of 138 soles from a person to regain his freedom. .
Judge Filimón Jara Guardia, of the Pomabamba Province Preparatory Investigation Court, explained that the lawyer is also prosecuted for the crime committed by a public official, corruption of officials, own passive bribery; and alternatively improper passive bribery, to the detriment of the State.
The judge issued the pre-trial detention order to the court-appointed attorney after having evaluated the grounds of the Public Ministry, as well as the Technical Defense of the person under investigation.
Likewise, it was shown that the defendant is credited, in his capacity as Public Defense attorney, with having required César Villanueva Villanueva, who on November 19 was detained at the Pomabamba police station, the sum of 138 nuevos soles. so that he supposedly carries out the corresponding procedures and thus he is released.
The magistrate issued preventive detention taking into account the concurrence of the three budgets provided for in article 268 of the Criminal Procedure Code (CPP), which requires the existence of sufficient and serious elements of conviction that link the accused as the author or participant in the act. matter of investigation that the penalty exceeds 4 years of deprivation of liberty and that the accused can evade the action of justice.
It should be noted that the measure was appealed by the technical defense of Carlos Pascual, the same one that was granted, granting him the term established by the New Code of Criminal Procedure (NCPP), for its justification, under warning of not being presented in case of breach.
