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The constitution committee of the The Congresschaired by Rosa Bartra (Fuerza Popular), approved an opinion incorporating in the Criminal Code the crime of illicit financing of political parties.
In today 's session, Bartra reported on a predictor containing two articles. In one of them, it was established that "the publication of a report based on a written competent authority, before the formulation of an accusatory requirement or the conclusion of the intermediate stage, will be mandatory ".
However, during the debate, several parliamentarians – among them Gilbert Violeta (PpK), Marisa Glave (New Peru), Miguel Torres and Úrsula Letona (Fuerza Popular) – voted in favor of the withdrawal of this party.
Subsequently, a substitute text containing a single article was prepared. This incorporates Article 359-A of the Penal Code.
The standard, which includes four bills, was approved by a majority. The legislators Marisa Glave (New Peru) and Gino Costa (non-grouped) voted against.
Gilbert Violeta (PpK) abstained, arguing that although he was in favor of regulating the matter, "we still have to specify some things in the text, I will support the plenary, we have an opinion in the Commission of the justice on which we want to be agreed ".
-Detail-
According to the approval, the basic penalty for the crime ranges from 4 to 8 years in prison. In the meantime, the aggravating circumstance includes a prison sentence of 10 to 15 years and a fine of 120 to 350 days.
Among the assumptions of this last point, one can quote: "the agent commits the crime as a member of a criminal organization"; "The value of money, property, effects or profits involved is greater than the equivalent of 500UIT" ".
It should be recalled that a report of the Ministry of Justice on the same subject, but referring to an opinion of the Justice Commission, contained as an aggravating condition the incorporation of the constituent acts of the crime. money laundering, but proposing sanctions lower than those in force (8 to 15 years of the basic sentence and 10 to 20 years of the aggravated sentence, the fine and the challenge).
Precisely while waiting for the development of a text to replace the opinion of the Justice Commission, which received questions and comments from the Ministry. This document has been cleared by the Bureau of Spokespersons for debate at the Constitution Committee and its inclusion in last week's plenary agenda was also approved. but this was ultimately ineffective with the withdrawal of Peruvian signatures by the Kambio and the APP from the act of agreement of the spokespersons.
-Critics-
Marisa Glave, who voted against, criticized the judgment. He felt that anyone applying for illegal funding should also be sanctioned and pointed out: "What would generate an error is that, in the aggravated type, a way of writing very close to what is bleaching". money has been included, we characterize illegal financing, which is fine, but money laundering is another crime and competition should apply, in other words, both crimes are presented and the prosecutor asks for the sum of the sentence This would not constitute an aggravating circumstance, as this could lead to confusion in the criminal process. "
In subsequent statements to the press, he also called for political parties not to be part of organizations or legal entities that could be punished.
For his part, Gilbert Violeta, who abstained, explained that the fact that the ONPE had to prepare a preliminary report so that the public prosecutor could denounce if necessary, stressed that the level of the sentences was "very high", was eliminated. . For this reason, he claimed that it was a "good opinion".
"But the wording of the text, in itself, can be improved […] What I ask the chairman of the Constitution Committee is to establish a consensus text with the Justice Commission, "he told reporters after the session.
-Debate-
In the debate that preceded the development of the alternative text, Rosa Bartra justified the proponent's presentation, saying that the referendum was close and that one of his questions was the issue of political party financing. In his opinion, the constitutional reform "could include a significant gap in the absence of our criminal law on the crime of financing political organizations".
Gilbert Violeta requested a joint session with the Justice Commission to seek a consensus text. "There are four objections that should be included in the notice: the fact that the ONPE report is not a prerequisite for the procedure, the need to increase the penalties for crimes related to money laundering Legislative Decree 1106, the specific regulation on the issue of fines, "he said.
Letrasula Letona felt that the opinion of the Constitutional Commission was a more objective idea of the factual assumptions of the crime. "The crime of money laundering is self-sustaining and therefore it is different when it is applied to situations arising from drug trafficking, terrorism or other serious crimes related to what the I maintain that the aggravating factor is correctly classified, "he said.
For his part, although he said he was in favor of withdrawing the condition of the prosecutor's office related to a report of the ONPE, Miguel Torres said that there are standards that require opinions. prerequisites in tax matters.
For example, he mentioned that in case of tax offense, the Attorney General's office had ordered the formalization of a preparatory investigation with a reasoned report from SUNAT. This is in accordance with the procedural requirements established in the criminal tax law.
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