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The eighth office of the Provincial Criminal Prosecutor of Callao, headed by the prosecutor Jacqueline Pérez Castañeda, sent yesterday to the court of preparatory investigation of Callao a request to lift the parliamentary immunity of the legislator. Moisés Mamani (Fuerza Popular), accused of being touched by a member of the Latam Airlines crew.
With this, the representative of the public prosecutor has closed the preliminary proceedings and is now seeking to formally Moisés Mamani because of this fact, which took place on November 14 last in an airplane of the international airport Inca Manco Capac (Puno).
In his application, to which he had access Trade, the prosecutor notes that the alleged perpetrator committed a common crime and not a function. The statement of the victim himself, who confirmed his complaint against Fujimorist before his office, constitutes an element of conviction.
In addition, a psychological expertise is attached to the victim, which concludes that his story is "consistent and terminal", as well as the written testimony of one of the passengers, who claimed to have seen when Mamani had assaulted the worker of Latam. and warned that the parliamentarian "was in an ethyl state."
In the latter, two cabin crew members coincide, highlighting in their testimony that the legislator would have had "an alcoholic breath".
"Certain elements of conviction allow us to maintain a revealing suspicion and to reasonably assess the commission of the crime denounced", we read in the petition.
Trade He tried to contact Mamani and his lawyer, but there was no response. On several occasions, he dismissed the charges, claiming that he had been disembarked from the aircraft due to health problems.
The criminal lawyer and constitutional expert Luciano Lopez explained that what is now correct is that the court of preliminary investigations, after hearing, classifies the crime charged and submits the application to the president of the Superior Court of Callao.
He added that this body, in turn, should ask the Congress of the Republic to lift immunity so that the parliamentarian is prosecuted. This is stated in Article 453 of the new Code of Criminal Procedure.
–In the legislative–
Congressman Juan Sheput (Peruvians for Kambio) felt that "the prosecutor's request should be dealt with immediately by Parliament" before the accumulation of evidence against him.
Richard Acuña (Alliance for Progress), who pointed out that Mamani "affects the image of Congress", was similar. "And if it must be punished properly, it should be done," he added.
Fuerza Popular spokesman Carlos Tubino said his group would "protect no one". "You have to see the motives and, if they comply with the law, if there is no objection, it will be approved," he said.
Mamani was summoned for this Wednesday at 15:00. to the Ethics Commission, as well as to the witnesses and the complainant. The working group is also investigating this case. In this regard, Sheput described as "degrading" and unnecessary to summon the wronged persons.
In addition, the disciplinary committee of Fuerza Popular convened this Wednesday at 13 hours. a Moisés Mamani, in order to exercise "full rights of defense" in the proceedings instituted following the complaint concerning incorrect contacts.
He is temporarily suspended from his seat until the decision of the committee led by his colleague Marco Miyashiro is known.
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