2023-06-16 16:58:00
Voting was given for each of these crimes. For influence peddling, 73 congressmen voted for it; for improper passive bribery, 74; and for fraudulent embezzlement by appropriation, 75.
MIRA: Luciana León about WhatsApp conversations: They may be embarrassing but they are not a crime
With this decision, the prosecutor’s office will be able to initiate the formalization of an investigation against Luciana Leon and even request restrictive measures against them.
voting details
Congresswoman Lady Camones, president of the Subcommittee on Constitutional Accusations (SAC) was in charge, as part of the accusing subcommittee, of exposing the final report against León following the constitutional complaint filed on March 14, 2022 by the former prosecutor of the Nation Zoraida Ávalos.
As evidence for the crime of aggravated influence peddling, 122 documents were gathered, including conversations via WhatsApp, telephone transcripts and expert reports. On the other hand, for improper passive bribery, 17 documents were gathered, including transcripts of communications and material seized at the home of former congresswoman León. This, they added, “configure revealing evidence that the accused would have received sums of money in exchange for her efforts, which would involve the accused with the elements of the criminal offense of improper passive bribery”.
Likewise, regarding the alleged crime of fraudulent embezzlement by appropriation, they cite that the aspiring effective collaborator 05-2019-3D2FPCEDCF stated that León had “among the people who worked for her, personnel who received a monthly salary without doing work for said payment. That is to say, they received a salary from the State, but in reality they did not do any work”they cite about the case of ghost workers for which the former congresswoman is also being investigated.
Although the final report had concluded to also accuse the ex-congresswoman for the alleged crime of criminal organization, this extreme to accuse León It was rejected by the Permanent Commission in the session held on March 24 of this year.
Voting for the alleged crime of influence peddling:
| Bench | A favor | Against | Abstention |
|---|---|---|---|
| people force | 14 | ||
| Free Peru | 10 | ||
| popular action | 4 | 2 | 1 |
| APP | 7 | ||
| Magisterial Block | 7 | ||
| Democratic Change – JP | 6 | ||
| popular renewal | 4 | ||
| Advance Country | 5 | ||
| we can peru | 4 | 1 | 1 |
| Bicentennial Peru | 5 | ||
| we are peru | 3 | 1 | |
| not grouped | 4 | ||
| TOTAL | 73 | 3 | 3 |
Voting for the alleged crime of improper passive bribery:
| Bench | A favor | Against | Abstention |
|---|---|---|---|
| people force | 15 | ||
| Free Peru | 10 | ||
| popular action | 4 | 2 | 1 |
| APP | 7 | ||
| Magisterial Block | 7 | ||
| Democratic Change – JP | 6 | ||
| popular renewal | 4 | ||
| Advance Country | 5 | ||
| we can peru | 4 | 1 | |
| Bicentennial Peru | 5 | ||
| we are peru | 3 | 1 | |
| not grouped | 4 | ||
| TOTAL | 74 | 2 | 3 |
Voting for the alleged crime of fraudulent embezzlement by appropriation:
| Bench | A favor | Against | Abstention |
|---|---|---|---|
| people force | 15 | ||
| Free Peru | 10 | ||
| popular action | 4 | 2 | 1 |
| APP | 7 | ||
| Magisterial Block | 7 | ||
| Democratic Change – JP | 6 | ||
| popular renewal | 4 | ||
| Advance Country | 5 | ||
| we can peru | 4 | 1 | |
| Bicentennial Peru | 5 | ||
| we are peru | 3 | 1 | |
| not grouped | 4 | ||
| TOTALS | 75 | 2 | 3 |
The congressmen who voted against ex-congresswoman Luciana León being charged for the alleged crime of influence peddling are Wilson Soto and Edwin Martinez, from the Popular Action bench; and Kira Alcarraz, from Podemos Peru. While those who abstained from issuing a decision were Jorge Flores (Popular Action), José Elías (Podemos Peru) and Héctor Valer (We are Peru).
In the same way, congressmen Soto and Martínez voted against León being accused of the crimes of improper passive bribery and malicious embezzlement by appropriation. Jorge Flores (Popular Action), José Elías (Podemos Perú) and Héctor Valer (Somos Perú) also abstained in both cases.
During the debate, Congressman Soto considered that he was “criminalizing” parliamentary representation. “How many of us have gone to ministries, but it does not mean that we have agreed”. “I have never seen that the prosecution, running over, has entered Parliament. As congressmen we have to defend the parliamentary jurisdiction because we cannot allow certain abuses “he added.
While Martínez said in his speech “How many of us are going to end up denounced, by effective collaborators, of course, by political enemies?”. “When there is compelling evidence, it must be sanctioned and for a reason we have a Public Ministry. Congress must oversee, but also manage. Can’t I take a couple of mayors to talk to the minister, can’t I get a project to improve living conditions?expressed Martínez after the defense of Luciana Leon.
The ex-congresswoman had said that this complaint corresponded to “a political vendetta”. Likewise, he denied having committed influence peddling. “I listened to the citizens. I have always met with them and took them to the ministries”he claimed in his defense.
The cases involving her
Aggravated influence peddling
According to the fiscal thesis, the ex-congresswoman Luciana Leon He would have negotiated with the Ministry of Economy and Finance (MEF) the financing of public works of the Municipality of La Victoria in the period between March and June 2017 in exchange for the hiring of his brother Rómulo León Romero as an employee of Alexander Peña Quispe, presumed leader -together with the then mayor Elías Cuba- of the criminal organization The untouchable aediles.
They also attribute to him having managed, with the support of his advisors, between 2017 and 2018, the financing of public works before the Ministry of Housing in favor of the Municipality of La Victoria, “the same ones that were granted for their execution to companies and consortiums linked to Alexander Peña Quispe”.
The prosecution adds that Leónhaving held a high position in the public administration, “His influences are real” having been in constant communication with ministers and officials. “This capacity allowed him to intercede before any process or procedure of the administration”they add.
León would also have had influence in the Ministry of Housing by having met with officials of this entity to “to help the La Victoria network obtain resources and thus execute the works, in which Alexander Peña Quispe would benefit”.
The prosecution emphasizes that the reason why León would have supported the management of La Victoria was because Peña Quispe would have asked him for help in exchange for him benefiting his brother, Rómulo León Romero, with a contract.
Likewise, according to the prosecution, this is related to having managed, through his then main advisor to Congress, Betsy Matos, “the implementation of a brick factory on the land owned by Juan Peña Quispe, brother of Alexander Peña Quispe, with officials from the Provincial Municipality of Trujillo, in the month of May 2017″.
They specify that León, through her former adviser, arranged for her and Juan Peña Quispe to meet with the provincial mayor of Trujillo and businessmen to start possible businesses.
improper passive bribery
Regarding this alleged crime, the former congresswoman would have received money from Alexander Peña Quispe in exchange for “illegal efforts” that occurred from March 2017 to May 2018.
“These actions have been corroborated with the elements of conviction described in the preceding paragraphs, these being telephone conversations, chats in the WhatsApp application, among others”adds the fiscal thesis.
Consequently, León would have requested donations in exchange for taking steps in favor of third parties.
“On the other hand, the commission of the crime of criminal organization can be corroborated with the performance of the four facts described above, since former congresswoman Luciana Milagros León Romero, due to being the political and legal arm of the criminal organization “the untouchable ediles” had the task or function of contacting senior officials to facilitate Alexander Peña Quispe’s execution of his projects illegally; this being the primary function of the ex-congresswoman; not caring about the protocols or procedures that she had to follow to obtain some public work, but on the contrary, she only met with high officials; whether they are ministers, commanders, directors of public budgets, among others, to facilitate obtaining the works or what Alexander Peña Quispe could require at that time”details the prosecution.
Intentional embezzlement by appropriation
According to the prosecution, León would have hired eight people as trusted personnel who did not carry out effective tasks. “The money corresponding to their assets would be delivered to Luciana León Romero in envelopes”it is detailed.
“The presumed workers who had been hired do not have documents or reports that they have presented to their immediate boss during their contract period and support that they have worked, or documents that show the activities they carried out; there is also no record that they have attended the offices of the former congresswoman”says the prosecution.
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