Blexfraptor Posted October 11, 2018 Share Posted October 11, 2018 On Wednesday, Keiko Fujimori, daughter of former Peruvian President Alberto Fujimori (1990-2000), was detained for 10 days by order of Judge Richard Concepción Carhuancho in Peru. The former Po[CENSORED]r Force presidential candidate is accused of receiving illegal contributions from Odebrecht. After their declaration before the Prosecutor's Office, experts explain what process the law should follow. What is preliminary detention? As its name indicates, preliminary detention is a precautionary measure that a prosecutor asks a judge when there are well-founded elements of judgment to assume that people are going to run away, are going to evade the pursuit of justice or go to destroy evidence. If the judge considers that the request is appropriate, it issues this precautionary measure and gives the prosecutor a deadline to present his case and request preventive detention. Preliminary detention is a kind of emergency mandate. A prosecutor, with a case of urgency, asks a judge to detain those under investigation to prevent them from evading justice. The maximum term for a preliminary detention in cases of criminal organization is 10 days. * Enrique Ghersi - Criminal Lawyer You have to formalize an investigation because otherwise it would be an arbitrary detention. What happens once the 10 days of preliminary detention expire? It would have to formalize the investigation because, if not, it would be an arbitrary detention. If a prosecutor asks for a preliminary detention and does not formalize the charges within the period that the judge has given him, it is because he is acting arbitrarily, and would have not only functional but also criminal responsibility, for having abusively requested the arrest of a person. * Enrique Ghersi - Criminal Lawyer What actions can Keiko Fujimori's defense take? They can appeal, but, unfortunately, as they have requested 10 days for the preparatory investigation, the deadline is very short for the court to resolve. In 10 days formalize the investigation and there it is already possible that Keiko Fujimori appeals to this situation of deprivation of their freedom. * Mario Amoretti - Criminal Lawyer If the judge ruled in favor of the preliminary detention, does it mean that he will do the same before a possible request for preventive detention? Of course. Concepcion has been amended in the case of Humala, in the case of Moreno, in the case of the 'construction club' businessmen, but he says: "No, I am the one who is right, the TC those in the penal room do not either. " After dictating this measure, nobody is going to change his mind. I think that it is most likely that, at the end of these 10 days, a preventive detention measure will be issued. * Mario Amoretti - Criminal Lawyer Link to comment Share on other sites More sharing options...
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