Today: December 20, 2024
December 20, 2024
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TC annuls the conviction for which Vladimir Cerrón decided to hide from justice

SEGUIRÁ ESCONDIDO. Cerrón tiene dos órdenes de prisión preventiva.

He has mocked justice for long months. He has laughed at her from his quiet secrecy and from the comfort that the apparent inaction of those who should have already captured him gives him. Vladimir Cerrona star fugitive since October 2023 after a sentence for corruption that he refused to accept, has even more reasons to, from his social networks, stretch his mockery and ironies.

And the fact is that the Constitutional Court decided to annul his effective prison sentence of three years and six months that the Transitory Criminal Appeals Chamber Specialized in Corruption Crimes of Junín imposed on him for the Aeródromo Wanka case, and for which the owner of Perú Libre decided to hide from justice for more than 14 months.

According to the court, the court’s decision did not determine whether the crime of simple collusion for which the former regional governor of Junín was convicted was an instantaneous, continuous and permanent crime, nor did it adequately specify the decision by which the process It was not declared time-barred, thus violating the right to due motivation of judicial resolutions.

Given this, it ordered this courtroom to issue a new ruling in which the above is considered and determine whether the criminal process remains in force or, if not, is archived.

DIVIDED DECISION

The decision that declared the habeas corpus appeal filed by the fugitive’s defense founded was agreed by a majority of the members of this TC, elected in Congress with votes from Fuerza Popular and Perú Libre in 2022.

Judges Gustavo Gutiérrez, Francisco Morales, Pedro Hernández and Helder Domínguez voted in favor of annulling the conviction, while Luz Pacheco, César Ochoa and Manuel Monteagudo spoke against it.

But the decision of the TC does not mean that Cerrón dusts himself off from his confinement. Two preventive detention orders fall on the person convicted of corruption: one for 24 months, imposed in January for money laundering in the Los Dináticos del Centro case, and another for 18 months, for aggravated collusion in the Antalsis case, ordered at the beginning of this month.

For criminal lawyer Fernando Silva, regardless of who the accused is, the court must give him all the arguments that justify a decision.

“Let’s remove Cerrón’s name here. If so much time has passed and there is no conviction, the last thing a person expects is for a judge to tell him why he did not apply the statute of limitations, why he considered that the count does not begin from there, why he considered that it is not a crime of instant commission; You have to give him the arguments. The TC is telling the Superior Court: ‘I declare your sentence null and void because you have not ruled correctly on what the party asked of you in reference to the prescription of the action,’” he explained in an interview with Perú21TV.

The specialist pointed out that the court’s new ruling could confirm the sentence or even acquit Cerrón if he orders the case to be archived and accepts the statute of limitations. This room, he indicates, could be made up of other judges.

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