The Second Unipersonal Criminal Court of Chiclayo declared the request for prescription of the civil action presented by the president’s defense to be unfounded Jose Balcazarwithin the framework of the oral trial that he faces for alleged illicit appropriation.
In its resolution of July 7, it indicated that the defense carries out a “incorrect interpretation” by attempting to additionally apply the reduction of deadlines provided for in article 81 of the Penal Code.
“Consequently, if the precedent invoked by the defense establishes that the limitation period for civil action is two years, it is not legally permissible to reduce said period by half through the application of article 81 of the Penal Code, since this rule exclusively regulates the prescription of criminal action and not the prescription of civil claims derived from the unlawful act.”he stressed.
He recalled that the Penal Code expressly regulates the reduction of the statute of limitations for criminal action when the agent was less than 21 years old or more than 65 years old at the time of the commission of the punishable act and that its scope of application is limited to the state’s power to criminally prosecute and punish crimes.
“However, in the present case we are not discussing the validity of the criminal action, but rather the subsistence of the civil action derived from the punishable act. The latter has a different legal nature, is governed by its own rules of prescription and responds to the purpose of repairing the damage caused to the aggrieved party, not to the imposition of a criminal sanction.”he noted.
The court also rejected the suspension of deadlines regarding civil prescription, requested by Balcázar Zelada’s lawyer, although it declared the suspension by the high office until the end of its mandate justified.
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“It is appropriate and reasonable to reschedule the procedural acts of the oral trial at its civil end until the end of the presidential term”indicated in the document.
In this way, the Second Unipersonal Criminal Court of Chiclayo decided to continue with the installation of the oral trial at the civil end against Balcázar Zelada for next August 21 and 28.
Resolution of the Judiciary on José María Balcázar.
days ago José María Balcázar He had requested the Judiciary (PJ) to file the request for civil compensation against him and with it the file of the trial against him.
During a hearing, he argued that the period the State had to demand compensation in favor of the Lambayeque Bar Association -whom the still accused would have harmed- had already expired.
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The events occurred when Balcázar served as dean of the Lambayeque Bar Association during the years 2019-2020. An audit determined that at that time there would be “a missing central cash balance of S/ 1’446,022.30”.
Furthermore, Balcázar’s administration would have arranged for the opening of personal bank accounts due to the blocking of institutional accounts.
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In these accounts, according to the prosecution’s thesis, estimated amounts between S/350 thousand and S/550 thousand would have been deposited, which would not have been reported to the next management.
