Former anti-corruption attorney Yvan Montoya considered that the modifications made to the ‘Criminal Organization Law’ favored Nicanor Boluartethe president’s brother who is being investigated for the Los Waykis en la Sombra case.
“This revocation is due to this accumulation of reforms in this case, specifically, regarding the criminal organization law that has undergone two modifications. The first modification is enough, which made it extremely rigid, that is, it reduced its scope of application and therefore “So many cases have been left out of a classification of organized crime… All of this has managed to benefit some structures that are being investigated for a criminal organization, among them this one linked to the president’s brother,” the former attorney general told Perú21.
“Indeed, that is what has been the determining factor in revoking Judge Carhuancho’s decision regarding granting the measure of preventive detention. In this case, the court has said that it cannot carry out diffuse control, as has been mentioned at this stage, not corresponds and has had to be reformulated based on the new legislation, the new way in which organized crime is classified. And according to this, I understand that preventive detention is effectively not appropriate,” he added.
Former attorney Montoya said that the law has been twisted and that justice operators have to “operate with the instruments they have.”
“This entire modification has served to effectively benefit the president’s brother and the group that is being investigated. When the law is used for personal benefit, to distort the nature of the law, that is, to legislate for strictly particular interests and not as the Constitution says: ‘The law has a general and abstract nature to effectively avoid discrimination and unequal treatment.’ But when the law has been twisted in this way, the operators of the law, to the extent reasonable, have to operate with. the instruments they have,” he says.
As is known, the Second National Criminal Court of Appeals annulled the preventive detention order against Nicanor Boluarte, the fugitive brother of President Dina Boluarte, for the Los Waykis en la Sombra case.
The resolution also applied to the rest of those investigated: Jorge Luis Marreros, Zenovia Herrera and Jorge Chingay Salazar.
The judges agreed that the modifications made by Congress to the Organized Crime Law raised the standards for identifying a criminal network and its members.
Under these parameters, it is considered a criminal organization when this group commits crimes to achieve economic objectives.
The Prosecutor’s Office accuses Nicanor Boluarte of having influenced the Ministry of the Interior to appoint prefects and sub-prefects who, spread throughout the country, dedicated themselves to obtaining signatures and thus establishing the Ciudadanos por el Perú party.
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