Congressional law has begun to fight organized crime: Migrant trafficking suspects released, delays in action recorded | Northern Router | Z of Sayan | Dandy Express | Policy

Mira: Solas case: Trial of Shining Path terrorist leadership to continue: PJ refuses to file case

In essence, Law 32108, promoted by Perú Libre and supported by the majority of congressional groups, turns the concept of criminal organizations on its head. Not only does it increase penalties, eliminating the six-year sentence for minor crimes, but it also introduces unclear concepts (do criminal networks pursue only “economic interests”?), generating great uncertainty among those who operate the justice system.

“Los Ruteros del Norte” take to the streets for an unusual event in Callao

At the judicial level, the first case to be affected was that related to the trafficking of migrants. The First Criminal Appeals Chamber ordered the immediate release of seven individuals accused of being members of the so-called criminal network “Los Ruteros del Norte”, dedicated to facilitating the illegal entry and exit of foreigners (Haitians, Afghans, Pakistanis, etc.) — across the borders of Madre de Dios (Brazil) and Tumbes (Ecuador).

The group was disbanded last April after months of joint efforts by the prosecutor’s office and police. Ministry of Commercethe network will operate from at least 2021 and will accumulate more than S$1 million, which will be distributed proportionally to all those involved in the network (coordinators, bus drivers, accommodation, etc.).

However, the new law comes into force at a time when the court is reviewing the 36-month preventive detention ordered against the person under investigation. Prosecutors had warned of a flight risk. However, the court concluded that there was “Conflicts between criminal laws over time”thanks to Law No. 32108, benign retroactivity must be applied.

The resolution obtained by this newspaper explains that the final crime, trafficking in migrants, is punishable by up to six years in prison (sentences range from four to six years), and therefore does not comply with the new amendments. Only a simple statement can be made, the prosecution reclassifies the case, or the defense launches another statement.

“In the present case, it was concluded that it was not possible to continue the analysis of the material budget for preventive detention, since the criminal act linking all the accused had been modified and the final criminal act of the criminal organization had been included in the fiscal budget of the headquarters “It no longer understood the scope of the normative elements of the current type. “mentioned in the documentation.

The court therefore ordered the release of Carlos Alberto Córdova Cernacque, Carlos Martín Azaniero Colmenares and five others.

On the other hand, last Wednesday, the First National University Criminal Court incredibly rejected the early conclusions that the four defendants were willing to accept in the trial of the former Mayor of Callao, Juan Sotomayor, a case known as ‘Rich Port II’.

The court is doing “Control of the typicality of the facts, the title of the charges, and the sentences requested and received” Choose not to accept the agreement reached. Source Ministry of Commerce They attributed the refusal to uncertainty about the new law. The decision was made to proceed with the trial.

The criminal nature of the case is organized crime and extortion. According to public sector reports at the time, there would be a full middle-level management team responsible for transmitting the leadership’s orders, coordinating with supervisors and other officials, and all control, management and permanent retention of ghost workers and ghost workers. Quotas were collected through the Public Cleaning Service Company (Eslimp Callao).

“When we received the signatures, there was a discussion within the cabinet, but no agreement was reached. (…) Given these differences, the final decision was not to enact the law and to let Congress implement it.”

Gustavo Adrianzén, President of the Council of Ministers (08/21/2024)

No surprises in the operation?

But in large-scale operations, the harmful effects are also obvious. At the national level, two major cases have been filed, and as long as the law is not amended, all those who come will suffer the same fate.

In Huaura, in the early hours of August 15, the group “Los Z de Sayán”, dedicated to the collection of quotas (up to S$500/500 per week for “protection”), killers, land trafficking, etc., was disbanded.

More than 50 properties were searched, following a court order. Last Thursday, the “Dandi Express” network, dedicated not only to extortion but also to human trafficking, was raided in Cusco and Cañete. In this case, six properties were searched.

Finance and police sources confirmed to this newspaper that both cases were faced with difficulties because of a new law that states that property registration cannot begin without the presence of a defence lawyer, either elected or ex-officio.

In the Huaura case, several properties were attacked at around 3:00 a.m., and it took up to three hours for the defendants’ lawyers to arrive at the scene, while in Cusco and Cañete, the action was carried out at around 5:00 a.m., and the defense even arrived around noon, causing delays in the proceedings. What happens in more complex situations and in more remote areas?

“It makes things very difficult because it allows people inside the property to hide criminals.”explained a source. And there are only fifteen days until Law 32108 comes into force.