Cesar Nakazaki says tax investigation will let us know if Dina Bolluarte is fit for work after surgery

New process vs In Bolwart. This Thursday, the Prosecutor General’s Office opened a preliminary investigation against the president for failure to inform Council of Ministers nor to Congress near a surgical intervention which he underwent in 2023.

Through a statement, Art Public service detailed that searches will be for alleged crimes of inaction and resignation, after the former president of the Council of Ministers, Alberto Atarola, reported the intervention In Bolwart.

From Art Prosecutor’s office showed that these events refer to the failure to report on the temporary obstruction to the performance of the duties of the President of the Republic Council of Ministers and to Congress of the Republicfrom June 29 to July 9, 2023. for one operative intervention to which he obeyed.

Hours after the financial decision, criminal lawyer Cesar Nakazaki explained that the preliminary investigation will allow us to know whether the surgery became viable Baluarte Zegarra perform the functions of the head of state.

“Yes, it is important that an investigation be opened so that essential medical information can be legally obtained to determine whether the surgical treatment has rendered the president incapacitated for office…” he said on the program. Expanding news.

A judge can order the treating physician to disclose the information

The specialist emphasized that the attending physician may not disclose information under the protection of “professional secrecy”; However, he emphasized that the court order will allow the doctor to describe in detail the surgical procedure that Boluarte underwent. According to Atarola, the intervention was related to a suspected respiratory problem, not an aesthetic problem.

“The problem is that there was an attempt to get information outside the law and we saw the president of the Oversight Commission crucifying a doctor, but doctors are bound by professional secrecy and if they breach it, they are committing a crime. The only body that can request the removal of medical secrecy is a judge,” he noted.

Nakazaki noted that the main problem lies not in the operation, but in the post-operational consequences, which could cause the temporary inability of the president to perform his functions, for example, to sign decrees, promulgate resolutions, and lead meetings of the Council of Ministers.

And, according to Alberto Atarola, the president fulfilled her obligations and practically led the meeting of the Council of Ministers, relying on the rules that allow her to exercise presidential powers remotely.

“What is to be determined is whether there was a resignation, not a matter of whether or not it should have been reported. If the patient’s treatment and post-operative period are known, it will be possible to determine whether this means that she was unconscious, that she was unable to speak and that she could not perform presidential actions,” he concluded. .