TC left Patricia Benavides' jurisdictional lawsuit against the National Board of Justice to vote

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Patricia Benavides
Patricia Benavides

The Constitutional Court reviewed this Thursday the jurisdictional claim raised by the National Prosecutor, Patricia Benavides, against the seven members that make up the National Board of Justice (JNJ), so that the investigations against him cease. This, after a report from said institution, resolved the possible initiation of a disciplinary process due to a series of questions in which the prosecutor is involved.

The Benavides Vargas lawsuit was the last of a total of 10 processes that the TC magistrates reviewed in the plenary session that began this Thursday at 2:00 pm in its decentralized hearing, held this time from Arequipa. Along with this complaint, other cases that have come before the entity that is known as the highest interpreter of the law will also be reviewed. Constitution in Peru.

Aníbal Quiroga, Benavides' lawyer, indicated that the objective of the lawsuit is for the TC to declare that the National Board of Justice lacks jurisdiction to review the management acts of the Public Ministry. For his part, Aldo Vásquez specified that 19 complaints against the National Prosecutor have been filed and dismissed, while currently four cases have led to an investigation being opened in two cases.

He also pointed out that the rule obliges the JNJ to qualify the complaints that are presented and determine their origin, which begins as a preliminary case, "not a direct disciplinary process." The constitutional court left the jurisdictional claim to vote and must resolve the case in 30 business days.

As is known, against Patricia Benavides There were a total of two investigations in which different infractions were pointed out. Of the two, one of them is already in the disciplinary procedure stage. It is as a result of this situation that Benavides has carried out a series of actions to defend himself, both in the judicial field and in the Constitutional case, which is what leads the TC to address his claim.


In August of this year, a report by IDL-Reporters He specified that of these two investigations, one of them had been completed and included the actions undertaken by the Attorney of the Nation against various teams of prosecutors who review emblematic cases.

These cases include the removal of the prosecutor Bersabeth Revilla, who was investigating the prosecutor's sister, former judge Emma Benavides (who is being investigated for allegedly collecting bribes from drug traffickers); in addition to the investigations into the repetitive changes that the “White Collars” Special Team has faced; as well as the existence of Benavides' calls with the businessman Antonio Camayoinvolved in the previously mentioned case.

The other investigation that involves Benavides and for which there is still no report with a final decision; It is the investigation initiated against the supreme prosecutor for having received a decoration from the mayor of Lima, Rafael López Aliaga; who is being investigated for money laundering in an office under the jurisdiction of the owner of the Public ministry.

Although there are all these investigations in progress, currently none of them can continue due to a precautionary measure in favor of Benavides granted by the supranumerary judge, Jacqueline Tarrillo; who, at the request of Benavides in the Power of attorneyrequested the suspension of all investigation.

“Grant the precautionary measure requested by Liz Patricia Benavides Vargas against the National Board of Justice and order, provisionally, the immediate suspension of the preliminary investigations followed by the National Board of Justice against the prosecutor, in files No. 001-2023-JNJ and No. 008- 2023-JNJ; as well as all acts derived from the complaints and preliminary investigations followed by the JNJ,” the resolution reads.

Imelda Tumialán, president of the National Board of Justice, warned that the case of the National Prosecutor, Patricia Benavides, could be taken up by other people who investigate to obtain impunity.
Imelda Tumialán, president of the National Board of Justice, warned that the case of the National Prosecutor, Patricia Benavides, could be taken up by other people who investigate to obtain impunity.

According to the admission of the claim to which Infobae Peru had access, the Attorney General maintains that “the JNJ has opened preliminary investigations and, eventually, established administrative procedures and imposed disciplinary sanctions on supreme prosecutors; and has incurred the same jurisdictional defect.”

Likewise, in the request presented by Benavides, the prosecutor points out that the acts included in the investigation for the removal and changes of prosecutors that make up the Special Team of the 'Cuellos Blancos' case, “are linked to the internal administration and the management of the Ministry Public within the framework of its constitutional autonomy”, which is why the lawsuit is raised. With these exhibitions, the owner of the National Prosecutor's Office seeks the elimination of all these investigations.

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