After the broadcast of the video in which you see Yenifer Paredespresident’s sister-in-law peter castlecoordinating the execution of sanitation works for the district of San Miguel, in Cajamarca, the Public Prosecutor’s Office initiated a preliminary investigation for the alleged crime of influence peddling. In said inquiry, Hugo Espino, general manager of JJM Espino, and First Lady Lilia Paredes are listed as witnesses.
For the proceedings of this investigation, the Public Ministry summoned the Paredes sisters and Espino to their facilities to offer statements; nevertheless, only the first lady showed up. Given this, the situation of her younger sister and JJM Espino’s representative becomes increasingly delicate.
Criminal lawyers Claudio Cajina and Liliana Calderón agree that, before this first citation declined, what follows is that the Office of the Prosecutor of the Nation reissues another citation for each of them. Calderón complements this information by indicating that their presence may be requested up to three times at the Public Ministry.
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Nevertheless, Paredes’ situation would be more complicated than Espino’s. According to Cajina, to reject a second summons, in the case of Castillo’s sister-in-law “the prosecutor will have to consider some of the constraints at hand to define if he resorts to a judge to request some kind of personal measure against the lady, which can range from preventive detention.
Calderón, for his part, maintains that It would not be necessary to reach a second simple appeal, and that, on the contrary, “after this summons, there is already a forceful request, with a request that she attend, a warning, locate her, and order her capture”.
In a somewhat more critical sense, criminal lawyer Mario Amoretti stated that “Faced with this summons, the prosecutor would have the possibility of requesting preventive detention.”
On the other hand, in the case of businessman Espino, regarding the measures to be taken against him, according to Amoretti, it would be appropriate to place him under investigation; although Claudio Cajina does not think the same, since he estimates that, Because it is a preliminary investigation, the prosecutor will have to evaluate the behaviors of those investigated before making any decision.
“That I am in a preliminary investigation as a witness does not mean that my condition can vary within the same preliminary investigation or even that when moving to the preparatory investigation stage, the prosecutor decides to vary their condition”specified Cajina Samame.
Keep silent as investigated and as a witness
The expert Liliana Calderón considered it important to specify that, in this case, the only person who has the opportunity to remain silent during a possible visit to the Public ministryis Yenifer Paredes, but Hugo Espino would not have said option.
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“The witness does not have the right to remain silent, unless his statement can generate direct implications for him, that is, the presumption of innocence is affected or violated.because you cannot blame yourself, “said the lawyer.