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Peru Court Denies Pretrial Detention for Óscar Acuña in Frigoinca Bribery Probe

A recent change to Peru’s criminal procedure code set a higher threshold for pretrial custody, guiding the court’s decision.

Overview

  • A ruling issued on December 5 rejected prosecutors’ request for preventive detention, keeping Óscar Acuña under investigation at liberty.
  • The tribunal cited the updated code requiring a projected sentence above five years to justify incarceration, which the alleged simple bribery charge does not meet.
  • Prosecutors argued flight risk and pointed to an alleged S/77,000 payment tied to a businessman linked to Frigoinca.
  • The court determined the three legal prerequisites for preventive detention were not satisfied jointly, rendering the request improper.
  • Judges noted the custody decision could change if new elements emerge or charges are broadened, as public interest persists due to ties to César Acuña and scrutiny of Qali Warma.