RE:Will Aduviri continue to govern during appeals process?CdnMicroCaps wrote: juanPeru,
In normal western society I wouldn’t need to ask these questions but Peru sounds like the wild wild west.
lol sometimes I agree with you!
The first time Aduviri was convicted the judge could have ordered his immediate detention, but he didnt', who know why! So when the detention was ordered (months later) Aduviri was already in hiding. Could thi happen again? I don't think so, as was pointed out by a local newspaper this previous behavior from the part of Aduviri makes the immediate detention almost mandatory in legal terms (1):
If he receives an unfavorable sentence, it will be executed immediately because there is a danger of escape, since this was evidenced in the previous trial where Aduviri was in hiding for several months and reappeared when the Supreme Court annulled the judgment providing for a new trial.
Whether he manages to stay in hiding or not, he would be suspended as regional governor until the appeals are resolved, which could take a year. If he loses in all instances then the vacancy proceeds and new elections are called for the regional government of Puno. While he is prision (or in hiding) and the appeals aren't still resolved, the regional government would be in charge of the vice gobernor, who was elected along with Aduviri. This topic was largely discussed in 2017 in the context of Odebrecht escandal, which compromised several regional governors in Peru (2):
The regional governor of Callao, Felix Moreno, will have 18 months of preventive prision in a penitentiary center. According to the Organic Law of Regional Governments, he must be suspended in office and who will assume his duties is the vice governor, in this case Walter Mori.
As this case there are, unfortunately, others throughout the country, where authorities elected by the population were suspended or vacated. (...)
Repeated history. How many authorities have had to leave their positions to comply with what the courts have dictated and what is the procedure that should be followed? The former head of the Office of Electoral Processes, Fernando Tuesta Soldevilla, explains: "We are talking about a dozen and others in process as in the case of the governor of Cajamarca, Gregorio Santos. When a resolution exhausts all the instances and a condemnatory sentence proceeds, then the authority must leave the position, becasue the figure of the vacancy proceeds, which is definitive".
So the main difference this time is that Aduviri is not
running for governor, he
is the governor of Puno.
(1)
https://www.diariosinfronteras.pe/2019/05/22/sentencia-de-aduviri-por-el-aymarazo-saldria-en-julio/ (2)
https://rpp.pe/politica/estado/quien-asume-el-cargo-cuando-un-gobernador-regional-o-alcalde-es-suspendido-noticia-1043229