Posted in Law No. 264, August 18, 2009
................... HISTORY
Apostille on the criminal trial against
Leguía FRANCISCO JOSE DEL SOLAR
Lawyer PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Sciences
Professor of History of Law in
UIGV
In Law No. 223 of 11.4.2008, wrote the article "criminal trial against Leguía ", on which we need today and / or rectify some statements that are critical for a true story, objective and clear, to the greatest extent possible. This we do with the widest appreciation for two important reasons, vital to us. One, for spiritual and moral, which requires no further explanation. Another scientific rigor, as we subscribe to the history and social science (School of the Annals), and as such, adhere to the revisionist trend, with the sole purpose of shifting the romantic history, literature, adapted to the interests of dominant groups in the different stages of our national history, under the two prevailing oligarchy, both military and economic, ergo, officer, official or unofficial harms in the construction of a real and true history and national identity. Domingo Garcia Belaunde
teacher recognized constitutional law scholar as restless as the philosophy of legal history, and unique friend. It was our professor in the Faculty of Law at the Pontificia Universidad Catolica del Peru. (PUCP) and permanently guide yesterday, today and tomorrow ", so we kept the utmost respect, consideration and admiration for his intelligence, selflessness, generosity, integrity, loyalty, friendship, humility that makes him great- and other values \u200b\u200bthat their parents-honorable distinguished jurist Domingo García Rada (Lima 1912-1994) and Belaunde Mercedes Irigoyen-planted in him.
Well, in this context, Domingo García Belaunde (Lima, n. 1944), read, constantly, what his former students produce ("Dear Paco: As usual, I read your interesting reviews ....") . Thus was worried about the article today Apostille through the exchange of knowledge and endless dialogue we have from our stay in the old halls of the Casa Riva Aguero, where law-PUCP worked, until the earthquake of 1973 (Law N Vid. ° 207 of 15.07.2008). DIED WITHOUT
Leguia SENTENCING
This statement attracted much attention to Sunday, so began a review work on the subject. Began with the classic and traditional lawyer and historian of the Republic, Jorge Basadre Grohmann (1903-Lima Tacna 1980). There he found the decision of the Second Chamber of the National Sanction Court issued on January 7, 1931, with insightful comments. (1) Insider dealing and of great importance given by our "great and unique history of the Republic." This is because other historians record a specific vacuum on the subject of the sentence Leguia. Actually this statement is not criminal, custodial, financial compensation but the State and obviously moral.
As we affirm, like most legal historians-that Leguia had died without being convicted, according to what he told us-in chat, for the 60 - our good friend, great lawyer and diplomat, Alfonso Benavides Correa ( Lima 1924-2005), Sunday was not satisfied with the information obtained, so he turned to colleagues worried about the legal history of criminal procedure. Among them, a judge specializing in Criminal, Eduardo Contreras Morosini, who is also a former student of Garcia Belaunde, and our classmate. He gave a tip that "Leguía itself had been condemned," promising to get a copy of the appropriate sentence. I claim that Sunday and were reported to revise and expand our investigations until we reached Eduardo copy of this procedural item.
In this vein, ratified in 2008, which Alfonso told us, when we read the pamphlet that he published in August 1952 under the heading "Leguia Don Augusto legal defense before the Court of Alfonso Benavides Loredo Penalty" . Indeed, Benavides Correa-child Leguía lawyer, Alfonso Loredo Benavides (Lima 1893-1939) - wrote this booklet in honor and memory of his father in order to clarify or amend certain ex-president's biographers, who erroneously claimed that Don Augusto lacked legal representation and without trial.
Undoubtedly, this statement went against the historical and legal right, given that Loredo Benavides defended suitability, integrity, courage and friendship to Leguia, reaching the point of being imprisoned for his courageous defense of the right to demand her rights and attended the trial and sick ex-president.
Well, to carefully reread the booklet mentioned above, we found that the very Benavides Correa said, then the existence of the conviction by the Court Sanction, but not of criminal sentencing in the criminal process, he was subsequently initiated or should incoársele Leguia, following encontrársele responsible for having "engaged in illicit enrichment" . But still, also, this decision never reached the convicted or his lawyer. Alfonso sought her constantly in both family and official records (Judicial and Archivo General de la Nación) and not found. Moreover, the case file had disappeared and only their hands on the "fake file" inherited from the documents left by his father.
any case, Leguía did have legal defense and was condemned morally and financially by the Second Chamber, as we shall see. Indeed, Alfonso said: "It should make clear that, Don Augusto B. Leguia was tried and convicted without any evidence substantiating the Second Chamber of the Court Sanction, ... "(p. 6). Emphasis added. But we insist that "there was no criminal conviction," died in prison in the hospital with a criminal trial interrupted by illness and neglect of his accusers and persecutors. DEFENSE
Leguia
From the Penitentiary, Augusto Bernardino Leguía and Salcedo, 10.30.1930, sent a letter to Benavides Loredo, as follows: "I urge to have a consultation with you and I would be grateful to me as soon as possible." And he did. From then until the death of former President (6-02-1932), this worthy and exemplary lawyer always served as an advocate and friend. So much so, that Leguia spoken through his counsel.
The Second Chamber of the National Court of Punishment, "formed with five members, appointed from among the chiefs and officers of the Army and Navy and two prosecutors of the Supreme Court, was responsible for prosecuting Leguía. The two prosecutors were appointed attorneys Carlos Zavala Loaiza (Lima 1882-1957) and Fernando Palacios Palacios, managers the classification of crimes, and whose performance, unfortunately, leaves much room for analysis, interpretation, comment and criticize in order to highlight the errors and horrors that were committed with the sole purpose of preventing abuses of this nature will never be repeated . Both justice and historical truth were tainted in the process, which (s) file (s) official (s) no (n) was (were) gone (s) to erase the evidence of crimes, abuse and disability both the judges and the then government headed by the commander dark Luis Miguel Sánchez Cerro.
But we will not repeat the questions, descriptions and abuses committed by members of this unlawful and illegal court created by Decree Law No. 7040, of 08.31.1930, 04.09.1930 and installed the operating rules and regulation by D. Law No. 6878, dated 09/09/1930 (Note that the numbering of the latter decree predates the origin gives birth). There are more, yet, by D. Law No. 6910, on 10/28/1930, created the two Chambers of the National Court Sanction.
JUDGEMENT OF THE COURTROOM SECOND PENALTY
The industrious, diligent and patient Morosini Contreras search led him to find the text reproduced the publication of the conviction by this court against Leguía. He sent it to Garcia Belaunde and he, in turn, us. This is the daily "Liberty", Year I, No. 113, p. 3. Lima, Thursday 08/01/1931. Returned immediately to review the issues of major newspapers of the date (El Peruano, El Comercio, La Cronica and La Prensa). Nothing found, even in El Peruano that "also" should publish this statement or comment of it, given the importance or political and moral significance of the process concluded. However, remember that by then there was no requirement to publish the statements in the gazette.
Indeed, Leguia was tried and sentenced by this court, on 07/01/1931, as stated Basadre. In all honesty, we-like Alfonso Benavides Correa, years before, we had searched for years and the vast majority of historians and iushistoriadores the unaware. Some military officers and lawyers of the 30 knew that there was this sentence, but no one testified to actually exist.
THE NATIONAL ARCHIVES
With copy-on-hand in the decision published in this little diary back to the Archivo General de la Nación. Some years earlier we had been there. Now we insist that something had to be on the process of the Court of Punishment or Leguía criminal trial that was cut short before his death.
Indeed, our previous visits to look specifically for these documents belonged, first to the 70's, during military rule, and then twenty years later in full autocratic administration limited research in this exhibition of the national memory. The recent find was exceptional and extremely polite, so we extend our appreciation to the officials and employees who assisted us. Could not be otherwise, we live a full and complete democracy, where no facility to investigate and is transparency in decisions and administrative actions.
In this vein, we provided everything that exists on the Court National Sanction. This is a book of records which have been copied or transcribed the few sentences handed down. The book is intact, almost new, gently used by both pre-and post-court or current-source research firm is not one of the members sentenced soldiers and sailors, only include the Secretary Juan F. Mendoza, testifying to what is written there. The files, according to re-inform, do not exist.
therefore emphasize and repeat there is only one book of sentences copied by the secretary. "Book of the National Court Sanction of 1931" which was kept under lock and key, whose first few pages contain these sentences and the rest, almost all of the book is blank. Incidentally, there could hear the sentences against the lawyers, on the one hand, an acquittal in favor of Peter M. Oliveira, prosecuted for illicit enrichment, dated 28.1.1931, declared the charges unfounded, free of responsibility and was ordered to lift the mortgage on your real estate. And, on the other hand, Jose Francisco Mariátegui conviction, former prefect of Lima, corresponding to 5/2/1931.
CONTENT OF JUDGEMENT first thing we did was to verify whether the copy in our possession had the same content of the transcript that appears in the book mentioned. Well, it was the same. Then had to be analyzed, following the advice of Sunday, since he seemed very poor. This does not instruct.
First, remember that the closing argument was Loredo 02/01/1831 Benavides, the same that was published in the newspaper El Comercio, the 01/06/1931. We will not insist on a fair and intelligent defense that he was emphasizing that he tore the judge, that the Court had no legitimacy to judge as I did on commission, it being prohibited by article 55 of the Constitution of 1919 etc.
Second, the ruling is dated 07/01/1931 and concludes: "In accordance with the opinion of Messrs. Fiscal BUGS whose foundations are reproduced on behalf of the Nation, and the criterion of consciousness that the law has given us, who have engaged in illicit enrichment Augusto B. Leguia, Augusto Leguia Leguía Swayne Swayne and John, look at twenty-five million gold soles the amount of monetary liability that jointly affect them, ordered their return to the state, whichever is possible, upon payment of the respective preferential loans; and establish that the accused will be financially responsible for the amount that is left unmet, we have taken out a certified copy of the documents that form the Annex "B", referring to the gambling house and tolerance, and explicit the Correctional Tribunal for the purposes of criminal proceedings in question, in harmony with the provisions in the latter part of Article thirty-seven of the Statute-Law, and pass this file and send attachments along with their claims submitted by creditors, the first room of the Supreme Court, for the purposes of Article thirty-seven, first part. Carlos Augusto Pásara, Manuel A. Sotil, Henry F. Maura, Daniel Desmaisson; Alberto Panizo S., John F. Mendoza. Secretary. "(...) CERTIFY that the vote of Mr. Vowels, Captains Panizo Desmaisson and is in every line, except as to the amount of illicit enrichment that the estimated fifty million gold soles Mendoza. Secretary. "
ANALYSIS First, there is the question: was sent or not criminal court record and the annexes, pursuant to the mandate of Article 37 of D. Law No. 6910, of 10/28/1930 (Statute of the Court of National Punishment): Issued and published the verdict on account of this procedure, refer the application, together with claims submitted by creditors to the First Chamber for it to execute the decision and ruling on the legitimacy or priority of claims "(...)" If in the course of the investigations undertaken to qualify enrichment, criminal elements have been discovered, the Second Board, before making the referral referred to above, send out a certified copy of relevant parts and send it to criminal court for the purposes of criminal proceedings in question. "
Quite frankly we do not think so therefore not even started the "relevant criminal trial." It is true that Leguia and his sons were convicted "morally and economically," to return 25 million soles to the state and cancel the credit claims submitted by creditors, but the Court Sanction no national sentenced depriving him of his freedom because he could not do, given that judged by committee and, essentially, to teach economic content causes offense and administrative functional, being required to submit to criminal court processes aimed at condemning criminal with a prison sentence of deprivation of liberty. Thus, it must be clear that this sentence Leguía had no criminal.
Regarding the criminal process there are many doubts and questions: What happened and where the 600-page record of proceedings in the Court Sanction Loredo National Benavides met? Why there is no record that should open the Criminal Court from the Court of National Punishment? Indeed, and that it Basadre, says: "Missing analysis with detailed examination of the record of over six hundred pages that formed in the Court of Punishment and documents that can expand ... "There was a year
a month of hard Leguía bustle of attorney from the 7 - 01-1931 to 02/06/1932, to be known officially sanction Court of National and also the initiation of criminal proceedings. That is, from the date of the sentence that blew up the death of ex-president. Despite the denials, threats, assaults and arrests, the advocate is melted. There was no reading of this statement to Augusto Bernardino Leguía and Salcedo, nor was another sentence him to lose his freedom, however, died without the two, without trial or freedom.
-----( 1) BASADRE Grohmann, Jorge. History of the Republic of Peru (1822-1933). Published by El Comercio. Lima. December 2005. Volume 14. pp. 297-300.
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