They reject habeas corpus in favor of Vladimir Cheron: what are the arguments of the constitutional judge? | principle

For 20 days now, Vladimir CheronA fugitive from justice can comply after his whereabouts and arrest have been ordered 3 years and 6 months is an effective sentence to him “Vanka Aerodrome” case.

Since then, the founder of Perú Libre (PL) and former regional governor of Junin has been mocking the authorities, hiding and using his social networks daily.

Ceron Rojas was sentenced by the Court of Temporary Criminal Appeals Chamber specializing in the corruption crimes of the officials of Huancayo of the High Court of June, after finding him responsible for the crime against public administration. Complaint of the State – Regional Government of June. This is to undertake a co-financed private initiative for the construction of the airport in favor of the Wanaka Regional Aerodrome Consortium.

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His lawyer, Luis Miguel Mayhua, told the media that they have filed an appeal to ensure that the effective sentence is overturned. However, he did not want to specify what kind of resources they are.

Meanwhile, the Justice Department has dismissed a habeas corpus appeal filed by a third party in favor of Ceron Rojas.

I searched to use the prescription

Through a resolution issued by the Permanent Constitutional Court of Huancayo (Junín), accessed by El Comercio, Judge Doris Gajinjo declared the aforementioned habeas corpus, filed on October 9, groundless.

To declare unfounded the constitutional action of habeas corpus filed against Walter Sipana Guillen, Carlos Richer Carhuancho Mucha and Roberto John Meza Reyes in favor of Vladimir Roy Ceron Rojas – Senior Judges of Criminal Special Appeals of the Junín Superior Court of Huancayo.”

Doris Gajinjo, June’s Constitutional Judge

Senior Justices Walter Sipana Guillen, Carlos Richer Carhuancho Mucha, and Roberto John Meza Reyes, members of the aforementioned court, were charged with constitutional impeachment for alleged violation of due process.

The appeal raised by a citizen contained two claims. On the one hand, the sentencing inquiry sentence no. 045-2023- Invalidity of SPTEDCF/CSJJU/PJ declared to be declared. Accused Vladimir Roy Ceron is covered by the technical protection of Rojas”

Further, a fresh resolution should be ordered to be issued by another duly motivated High Criminal Court.

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As alleged in the case, since the joint offense would have occurred on July 26, 2013, Act no. 31571 (¨IMPUNITY LAW¨) should have barred the case in favor of Ceron Rojas; The moment the criminal contract is entered into.

However, the appellate questions were that the High Court held that after the initial contract, the joint action was maintained with subsequent acts of “execution” until the auction was completed.

Furthermore, it points out that Ceron Rojas’ claim for prescription should have been resolved as a separate incident from the oral hearing; Not an “exception” within the sentence.

“Amendment of Prescription Penalty and Criminal Procedure Act No. 31571 is a situation that should have been protected, and that did not occur,” the case’s arguments pointed out.

Based on these allegations, The Attorney General’s Office responded The trial court rendered a judgment within due process and with due motivation, excluding the recommendation for criminal action proposed by Ceron Rojas’ technical defense.

“The prejudicial actions in the habeas corpus claim are inconsistent with the truth of the facts in the judicial decision in question, the appellant is trying to surprise the constitutional judiciary,” he noted.

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Therefore, it is not true that the Public Ministry, in its prosecution case, attributed the collective agreement of July 26, 2013 only to the now absconding ex-officer, but rather from the judicial decision in question as the last factual reason. Imputation tax on preferred person from June 4, 2014.

Along these lines, the recommendation for criminal action against Ceron Rojas has not expired, the PJ lawyer pointed out.

Judge’s Arguments

After examining the case, the conviction file and the videos of the trial, the Constitutional Court ruled that there was no violation of due process as alleged in the case.

He explained that it was clear from the videos of the trial and the record of the case that Ceron Rojas’ attorney had agreed to present arguments for immunity from criminal proceedings as part of his closing arguments. This is true at the hearing on September 15, 2023.

That is, the judge pointed out that the allegation that the senior judges who were summoned had violated the legal principle is rejected. Instead, they acted according to the law in unfettered respect for the beneficiary’s constitutional rights; The constitutional recruitment proceedings filed in this regard should be declared baseless.

The judge recalled that the statute on the alleged statute of limitations states that a habeas corpus appeal is appropriate when a final judicial decision manifestly violates individual liberty and effective procedural protections.

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Also, in the Ceron Rojas case, the judge said that notice of the sentence to the parties was verified, and that the deadline for cassation appeals was pending until today, according to the procedure.

Therefore, the preferred Ceron Rojas has the right to challenge and question the grounds of conviction, among them the rejection of the exception to criminal proceedings; As of date, there is no definitive judicial decision configuring the budget to attend this stage of his habeas corpus.

The newspaper contacted Ceron Rojas’ defense attorney, Luis Miguel Mayhua, who indicated that he was unaware of the said habeas corpus appeal. He noted that he could not provide information about Ceron’s situation and the case.