Los brothers Anggi and Hugo Espino Lucana They regained their freedom yesterday following accepting the figure of sincere confession in the framework of the investigation that is being carried out on them for the alleged crime of influence peddling for winning millionaire tenders so far from the Government of Peter Castle.
Anggi Espino left the headquarters of the High Complexity Crimes Investigation Division (Diviac) of the Police, located within the Prefecture of Lima, on the morning of Friday, August 19; while his brother Hugo regained his freedom at night.
Both accepted the sincere confession before the office of the fiscal Hans Aguirrewho investigates an alleged criminal organization that would have been formed within the entourage of the head of state.
In statements to The Rotary of the Air of PTR Newss, the criminal lawyer Andy Carrion clarified the difference between sincere confession and effective collaboration. In this regard, the specialist explained that there are significant differences between the scope of both measures.
“It is very important to make this differentiation because the scope of a measure such as sincere confession is different from the scope of an effective collaboration procedure,” he indicated.
Carrión specified that the sincere confession consists in the defendant admitting his guilt in committing the crimes for which he is being investigated, without the need to implicate other people, in order to reduce the years in prison.
In this case, the Espino Lucana brothers have accepted, according to Tradewhat Yenifer Paredespresident’s sister-in-law peter castleand the mayor of Anguía (Cajamarca), Nenil Medinawould have intervened in the tender for a work in the town to improve and expand the drinking water and sanitation system, valued at 3 million soles.
“The scope of the sincere confession is included in articles 160 and 161 of the Code of Criminal Procedure, which regulate this measure when a person accepts, admits the commission of the crimes for which he is being investigated and this might have as a consequence the prudential decrease of the penalty that he would face in terms of the imputed crime, “explained Carrión.
While, continued the criminal lawyer, effective collaboration does imply that pertinent information is provided that helps the investigations of the Public Ministry.
For example, the former secretary general of the presidential office Bruno Pacheco has accepted this measure and, according to Panoramawould have delivered to the Prosecutor’s Office a series of papers written by hand by the President Pedro Castillo with instructions for promotions in the Policeman and the Armed forces.
“The sincere confession does not imply that one syndicates another person in the commission of a crime, which does happen in the figure of effective collaboration, because the one who submits to effective collaboration has to provide quality data or information to the Prosecutor of other people who are linked, “he said.
Finally, Carrión agreed with his colleague Carlos Caro that the honest confession of the Espino Lucana brothers might complicate the legal situation of Yenifer Paredes.
What does the Public Ministry say?
After learning that the Espino Lucana brothers regained their freedom for accepting a sincere confession, the Public ministry released an interactive graphic to detail the differences between this figure and effective collaboration.
The prosecution explained that the effective collaborator is that person who acknowledges having committed a criminal act and provides verifiable information to contribute to justice, in order to access a series of procedural benefits.
While the sincere confession It consists of the investigated party accepting the charges once morest him and confessing with relevant, timely and verifiable information. All this to obtain the reduction of the prison sentence.
The brothers Anggi and Hugo Espino, by accepting the sincere confession, got rid of the prosecutor’s request for preventive detention for 36 months.
The mayor of Anguía, José Medina, and Yenifer Paredes, sister-in-law of President Pedro Castillo, would not have collaborated with the authorities during his arrest, according to El Comercio. For this reason, the Prosecutor’s Office will support the request for preventive detention once morest both on Sunday, August 21.
