Former Supreme Judge Cesar Hinostroza. Photo courtesy of Andina
MADRID, May 17 (NNN-PRESNA LATINA) – Waiting for his extradition to Peru, the National Court (AN) of Spain agreed today to keep the former Peruvian judge, Cesar Hinostroza, free of charges, for alleged corruption offenses.
Against the criterion of the Prosecutor’s Office, which again requested the entry of Hinostroza in provisional prison, the Criminal Chamber of the AN decided on Thursday to let him free, considering there is no risk of escape and it was not appropriate to change the situation.
The high judicial authority gave the green light on Monday to the delivery of the former judge tried for ‘crimes of illegal sponsorship, influence peddling and incompatible negotiation of the Peruvian Penal Code’.
This incompatible negotiation, they explained, would correspond to the crimes of influence peddling and prohibited negotiations forbidden to an official of the Spanish Penal Code.
However, the National Court excluded the charge of criminal organization, as requested by the South American nation.
In their opinion, according to the claim, it points to the presumed commission of such offense are not sufficiently solid to justify the extradition.
Although the typification in the Peruvian Penal Code is similar to that of the Spanish, according to the facts of the Prosecutor’s Office of that country did not convince the authority of the AN of the existence of an entity as such, when it states that they spoke ‘with key words’ ‘or dined together’.
‘It seems that the defendant would be the head of an organization without members,’ says the court of the Iberian nation, to rule out extradition for that charge.
The issue is not that the elements that make up the offense in the Spanish legal system are not proven, ‘but that the facts as they are described do not exceed the threshold of the typicity’ referred to it, they argued.
Hinostroza fled on October 7 from his country and 10 days later was arrested in Spain, where he requested asylum.
It is pointed by the Peruvian Prosecutor’s Office he is the leader of a criminal network, made up of magistrates and prosecutors, who obtained ‘perks and economic benefits’ through the traffic of sentences and favors.
If the ruling is confirmed, the Spanish Government would have the final say in executing the decision.
NNN-PRESNA LATINA
