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Criminal lawyer Caesar Nakazaki explained that the tax investigation against the president In Bolwart Because of the alleged desertion or dereliction of duty, she seeks to demonstrate that the surgical treatment she underwent rendered the President incapable of performing the functions of the Presidency.
“I see that the prosecutor will have to do a lot of work on this case, because when it comes to the period under investigation, there are several dozen acts of the President that were executed from June to July 2023. You have emergency decrees. , the laws that were published, that is, a whole sequence of presidential acts that would demonstrate that the function was fulfilled, with or without surgical treatment, the function would continue,” he noted.
“These are preliminary investigations, there is no criminal process here, and there are even fewer untimely culprits. So these are the preliminary investigations that have been done, but I would suggest that, more than public opinion, the prosecutors and the Congress, whatever they are, are not going to crucify the president by filling it with preliminary investigations, because otherwise they’re going to have her in as mayors, the president cannot be “caseita” of the prosecutor’s office, “he added.
In a dialogue with La Rotativa del Aire Night Edition RPP, a lawyer felt that the Congress sector is making a mistake by talking about a constitutional violation. He recalled that a few years ago the Constitutional Court indicated “that this number cannot be used until the constitutional violations are qualified and the appropriate term of deprivation of rights is not established.”
“Congress, instead of doing its job, is not doing it; and if we come to the other side, that they intend to take to the doctor to indicate the treatment, I would advise them (the Congressmen) to read the General Health Act. (about) medical secrecy that the only authority that can remove it is a judge, not a congressman,” he noted.
“During the preliminary investigation, the prosecution would have to justify this type of request (to prosecute her), but try to impeach the doctor in Congress to reveal (…) If he had revealed at this point the medical treatment of the patient, he would have gone to prison, because he would have committed a crime related to the violation of professional secrecy, the issue of the profession, for example, the case of a doctor, should be taken seriously,” he added.
“Another tax folder to add to the rosary you already have”
On this topic, criminal lawyer Andy Carrion clarified that in the recent preliminary investigation that was launched against President Dina Boluarte, the prosecutor’s office will not delve into the type of interference she was subjected to, but rather the reason why she did not inform the Council of Ministers or Congress about this surgical procedure she had in 2023.
“This is what needs to be emphasized: here we do not criticize and Prosecutor’s office It will not investigate what type of intervention was performed, which could be, for example, aesthetic, medical, etc. The problem is not that, but the lack of a mandate and failure to report to Congress. That’s the point, and it will be a red thread,” he explained.
In an interview with RPP, the specialist noted that the investigation should also answer who held the office of the president of the republic between June 29 and July 9, the date when, presumably, In Bolwart The intervention made her sick. In this regard, he stated that if evidence is found that this position was held by the then Chairman of the Council of Ministers, Alberto Atarolahe can investigate him for usurpation of functions.
“If it is concluded that she (Dina Boluarte) did not exercise presidential powers, then the logical question is who did it, if it was not the president of the Congress (as provided by the Constitution), and if Alberto Atarola did it, then he should not to hold a position for which he has no legal authority,” said the lawyer.
Responding to a question from the Congress of the Republic about a possible petition for the presidential vacancy, the lawyer noted that as soon as Alberto Atarola’s revelations about Dina Baluarte’s operation became known, voices were heard from a number of lawmakers who even considered that it was a private matter. At the same time, he expressed the opinion that with the beginning of this tax investigation, “criminal news is paying serious attention.”
“I think this is an important point because now we are faced with a new scenario, it is no longer a scenario of rumours, but just interference. This is a scenario of a criminal investigation, and it should be said this way: the tax file is more than a rosary of fiscal files that the president of the republic has already accumulated until today, including the constitutional charges that have already been presented to Congress,” he said.
