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Peru’s Constitutional Court Overturns Keiko Fujimori ‘Cocktails’ Case, Voids Investigation and 2025 Accusation

The court cited non‑retroactivity, ruling that laundering provisions added in 2016 cannot cover contributions from the 2011–2016 campaigns.

Overview

  • Granting a habeas corpus, the Constitutional Court annulled all judicial and prosecutorial acts in the case and ordered the Tenth Preliminary Investigation Court to promptly review Fujimori’s legal status.
  • The majority decision (5–2) invalidated the July 2, 2025 prosecutorial accusation and found the proceedings breached the principles of legality and reasonable time.
  • Justices held that the laundering subtype of “receptación patrimonial,” created in November 2016, could not be applied to earlier facts and that the criminal‑organization charge lacked proven intent.
  • TC president Luz Pacheco issued a partial dissent, warning the tribunal should not decide the penal relevance of the alleged conduct and should leave that to ordinary courts.
  • Prosecutor José Domingo Pérez said the ruling benefits Fujimori and sought adjustments in related cases such as Susana Villarán’s trial, but a judge declined to suspend proceedings and will weigh arguments next week.