In this sense, the Supreme Court of Preparatory Investigation communicated that Castillo's tutelage based on the "alleged violation of the constitutional principles of procedural legality and the principle of legal certainty" was unfounded.
Judge Juan Carlos Checkley of the PJ said it is not an absolute fact that "the President of the Republic can only be accused of the assumptions foreseen in Art. 117 of the Constitution."
According to the magistrate of the preliminary investigation, "this does not annul the possibility of initiating a preliminary investigation as long as there are reasonable justifications."
�� El Juzgado Supremo de Investigación Preparatoria declaró infundada la tutela de derecho que presentó el mandatario. Por lo tanto, el Pdte. Pedro Castillo seguirá siendo investigado por los presuntos delitos de organización criminal, tráfico de influencias y colusión agravada. pic.twitter.com/iGJPQT7Pho
The Supreme Court of Preparatory Investigation declared unfounded the legal guardianship presented by the President. Therefore, the Pdte. Pedro Castillo will continue to be investigated for the alleged crimes of a criminal organization, influence peddling and aggravated collusion.
Meanwhile, the President's defense lawyer, Benji Espinoza, said that the decision would be appealed before the Special Criminal Chamber of the Supreme Court to resolve the issue of guardianship definitively.
The defense team argues for the alleged unconstitutionality of opening a legal process during a presidential mandate to demand legal control from the judge.
Pedro Castillo is under investigation for alleged alterations related to the Tarata II Bridge case where the former Minister of Transportation and Communications, Juan Silva, the former presidential secretary Bruno Pacheco and two relatives of the head of state is also linked.