The President has the constitutional power to grant the so-called "law of grace" to any person who is the subject in judicial proceedings, said criminal lawyer, Mario Amoretti.
In RPP, explained that there is a difference between a presidential pardon, a benefit that could not be granted to the television host, Magaly Medina, and the right of pardon, which the Head of State, Alan García Pérez, can constitutionally grant a person whose trial has not ends.
"The pardon is when a person has been convicted and have a final decision," explained Amoretti. "It's a presidential power and not for Magaly" he said.
"The right of pardon is a presidential power that occurs in cases in which the president in any process, finished or completed, may be granted this right and is filed off the process, "he said.
In this regard, said the president" is constitutionally entitled "to free the driver.
As recalled, caused controversy when García Pérez Magaly Medina said it takes too long dam, and said it will evaluate together with Justice Minister Rosario Fernandez, his legal situation to get out of prison.
Medina is serving a sentence of 5 months in prison upon conviction by defamation against the player Paolo Guerrero, who denounced the publication of a photograph taken allegedly while he was not in the concentration of the Peruvian soccer.
Amoretti, who noted that such rights are used by every president at special times like Christmas, Independence Day or Mother's Day, said that in his opinion would be an interference with the administration of justice.
"This is a privilege which I believe is unconstitutional because it is an interference in the administration of justice. Especially at the time of Fujimori took liberties under the law of grace, including drug traffickers," he explained.
In RPP, explained that there is a difference between a presidential pardon, a benefit that could not be granted to the television host, Magaly Medina, and the right of pardon, which the Head of State, Alan García Pérez, can constitutionally grant a person whose trial has not ends.
"The pardon is when a person has been convicted and have a final decision," explained Amoretti. "It's a presidential power and not for Magaly" he said.
"The right of pardon is a presidential power that occurs in cases in which the president in any process, finished or completed, may be granted this right and is filed off the process, "he said.
In this regard, said the president" is constitutionally entitled "to free the driver.
As recalled, caused controversy when García Pérez Magaly Medina said it takes too long dam, and said it will evaluate together with Justice Minister Rosario Fernandez, his legal situation to get out of prison.
Medina is serving a sentence of 5 months in prison upon conviction by defamation against the player Paolo Guerrero, who denounced the publication of a photograph taken allegedly while he was not in the concentration of the Peruvian soccer.
Amoretti, who noted that such rights are used by every president at special times like Christmas, Independence Day or Mother's Day, said that in his opinion would be an interference with the administration of justice.
"This is a privilege which I believe is unconstitutional because it is an interference in the administration of justice. Especially at the time of Fujimori took liberties under the law of grace, including drug traffickers," he explained.
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