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The Committee on the Investigation of Parliamentary Immunity will meet on Monday, December 3 to determine whether the request of the judiciary is admissible so that the conviction of the Congressman becomes effective. Edwin Donayre (Alliance for Progress), sentenced for misdemeanor embezzlement of state funds following the "Gasolinazo" case.
In October, the abovementioned working group rejected the request, due to the fact that an action for annulment brought by Donayre render the resolution in the second proceeding null and void.
For the criminal lawyer Enrique Ghersi, the Parliament interpreted the Code of Criminal Procedure as a "misinterpretation" because the legislator's recourse should be treated while he was serving his sentence.
"The commission should lift immunity and allow the lord Donayre to go to jail, even temporarily, "he said in a conversation with Trade.
For his part, the criminal Romy Chang said that Parliament "does not have to wait for the sentence to be enforceable" to make a decision in this case.
The experts consulted by this newspaper indicated that a cancellation request – and possibly a complaint – could take at least a year to resolve.
The retired general of the Peruvian army was sentenced to five years and six months in prison for misappropriation of fuel attributed to this institution in 2006.
-Waiting-
On the other hand, Ghersi stressed that the Congress was not obliged to deal promptly with the request of the judiciary.
"Congress is sovereign, interprets and pronounces on the immunities and privileges of its members.The judiciary can only do what it has done: ask for the lifting of immunity," he said. added.
In this regard, the criminal Luis Lamas Puccio stressed that the judiciary could take no further action. "Immunity protects him, the Supreme Court should resolve the action for annulment submitted," he added.
Congress member of the Alliance for Progress, César Vásquez, a member of the committee on the investigation of parliamentary immunity, said his seat does not Donayre.
Trade He tried to communicate with Edwin Donayrebut he did not answer our calls. The day before, he questioned the new demand of the judiciary and said that the Parliament would be "the one who will determine" his situation.
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