this President of the Republic’s Court of Accounts detecting the alleged irregularity in the payment of legal defense to the former Minister of Health, Jorge Lopezdue to the investigation conducted by the Office of the Chief Public Prosecutor for allegedly being the perpetrator of the crime of illegal enrichment.
In its ex-officio guidance report on 10 November, it warned that this would affect the proper use of public resources as well as advocacy and advisory interests.
on October 19 The Ministry of Public Administration has launched a preliminary investigation. Against López Peña, after he gave the money to five Minsa officials and learned that he had ordered them to deposit it in a bank account in the name of their daughter’s mother, Dervy Jomeiny Apaza Meza.
Then, by secretarial decision 219-2022/MINSA of November 3, the former minister’s request for legal defense was declared “admissible” and the Office of the General Administration was ordered to hold a legal defense for López.
However, during the inspection of the process in question, the controller found that the norm was not appropriate. It provides legal defense only when it comes to investigations into acts of public office, but not specific acts as in the case of the former minister..
According to the treasurer, López Peña, after being informed of the investigation against him, asked the Minsa General Secretariat to process his request in order to provide him with a legal defense, for which he submitted a citation of Humberto Abanto, which he would accept as his own. lawyer receives S/150k for sponsorship.
He also promised that he would refund the amount in question if he was found responsible.
His request was declared eligible on 28 October by the General Directorate of Minsa Legal Consultancy.
On 3 November, Minsa Secretary General José Ernesto Vidal Fernández declared his request for the preliminary phase of the tax investigation admissible.
Reports set precedent claiming that the facts under investigation by López Peña were specific to his mission and therefore it was appropriate to grant his request.
Therefore, the Court of Accounts stated that during the investigation process, it corresponded to the General Directorate of Legal Counseling (OGAJ) to determine, through its own opinion, whether the facts regarding the former civil servant were really related to an omission, act or act. The decision taken in the regular performance of its duties, as determined by Servir.
-The facts have come of their own free will-
However, the SAI argued that the facts under investigation by the former minister would not be part of its mandate; Rather, it will be personal actions.
And López Peña, in his request, stated that he was involved in the following events: “Unlawfully increasing my assets in relation to the income I received as the owner of the Ministry of Health portfolio, I gave my employees the sum of S/. 98,400 to be deposited in the BCP account of my daughters’ mother, Dervy Jomeiny Apaza Meza. The same ones used to pay part of the price payment for the purchase of apartment 1306 of the building located in .00, Cuba, avenue 1145, for this purpose, money was taken from a deposit of 70,000 US dollars in the BCP 355-72053591-1-41 account of Apaza Meza. and medical activities-related businessman Ramiro Luis Quito Rodríguez, the second owner of the company, Dr. Luis Quito”.
“According to the foregoing, we have the facts that Mr. Jorge Antonio López Peña is accused of referring to actions he would have taken and/or would have taken of his own free will and possibly using Minsa employees for this purpose,” the Inspector explained.
The Civil Service Law and regulations recalled by the supervisory body stipulate that the defense interest and advice to the resources of the institution for the defense of the institution shall be provided by omissions, actions or decisions taken or implemented in the performance of their duties. .
He warned that, according to the regulations, the functions of the Minister of Health are related to the formulation, direction and management of health policy and do not imply specific actions and/or behaviors implying alleged crimes.
“The situation exposed will affect the advocacy and advocacy benefit and the proper use of public resources.”
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