Ley que prohíbe que candidatos sentenciados por corrupción no pueden postular pone en jaque a Movimientos y partidos políticos

341
1881
Huaral Pe

Popilio Mejía actual del candidato a la alcaldía provincial de Huaral fue claro en precisar que candidatos con sentencia por delitos de corrupción no podrán postular en este proceso electoral 2018.

Como se recuerda, Un día antes del plazo límite, el pleno del Congreso aprobó la ley que impide la postulación de sentenciados por delitos de terrorismo, narcotráfico, corrupción y violación sexual para las próximas elecciones regionales y municipales.
La decisión plenaria contó con 93 votos a favor, 9 en contra (Frente Amplio) y 1 abstención (Yonhy Lescano). Con ello se aprobó el allanamiento a la observación que realizó el Poder Ejecutivo respecto al apartado donde el Parlamento incorporaba a los indultados en la prohibición de la norma.
En el debate, el oficialista Alberto de Belaunde lamentó la observación que hizo el Poder Ejecutivo a la autógrafa de ley y pidió que el Congreso apruebe la norma por insistencia y no por allanamiento.
“¿Qué pasaba con las personas que eran indultadas por haber sido condenadas injustamente? Hay muchas personas llamadas terroristas siendo inocentes”, cuestionó De Belaunde en su primera declaración plenaria en su ahora calidad de ex oficialista.
Su pedido fue respaldado por la izquierdista Marisa Glave, quien recordó casos de “civiles inocentes” que fueron indultados por “demostrarse que fueron condenados por tribunales militares y jueces sin rostro sin fundamentos”.
Estos argumentos fueron rebatidos por el aprista Javier Velásquez Quesquén, quien calificó al “indulto razonado” como un tema “doctrinario” que podría ser riesgoso y habilitar la participación política de terroristas.
“Estamos corrigiendo un hecho que resulta desproporcionado. Un alcalde que usó mal un vehículo y fue sentenciado por peculado no puede postular, ¿y un terrorista indultado, sí?”, cuestionó el aprista.
Gino Costa mencionó que el “indulto razonado” fue dado para personas reconocidas como inocentes e “injustamente condenadas”.
“Solo uno de ellos se incorporó en la política, el señor Yehude Simon”, recordó.
El vocero oficialista Gilbert Violeta dijo que la norma podría seguir siendo debatida y mejorada, pero resaltó la necesidad de que la norma sea aprobada hoy.
Tal como lo adelantó El Comercio la semana pasada, si esta norma no era aprobada hoy, la prohibición no se hubiera podido aplicar para los comicios regionales y municipales del presente año.
Tras la publicación de este Diario y el pronunciamiento de la Asociación Civil Transparencia, el Congreso adelantó para hoy el pleno que tenía previsto realizar recién el próximo jueves 11.
-Plazos claves-
Si bien las normas relacionadas con procesos electorales deben publicarse un año antes de la elección para estar vigentes, el Congreso decidió (en noviembre pasado) que para los comicios del 2018 se podrían promulgar leyes hasta un día antes de la convocatoria del proceso.
En octubre pasado, el Congreso también determinó que la convocatoria se daría en un plazo no menor de 270 días calendario anteriores a la elección, el que se cumple el 10 de enero de este año.
La norma en cuestión se aprobó el 2 de noviembre del 2017. Durante el debate se pidió ampliar el rango del proyecto, que inicialmente solo proponía la prohibición para los condenados por el delito de terrorismo y apología.
El texto sustitutorio incluyó delitos de corrupción, narcotráfico y violación sexual, aun cuando los sentenciados se hubieran rehabilitado.
La autógrafa se dio cinco días después, pero a fines de mes llegó una observación del Ejecutivo referida al siguiente apartado: “Los impedimentos no resultarán aplicables a quienes hubieran recibido indulto razonado o especial”.
A inicios de diciembre del mismo 2017, la Comisión de Constitución se allanó a la observación, retiró el apartado y la norma quedó lista para publicarse.
Para esto último, sin embargo, se requería que la decisión sea ratificada por el pleno. Entre el 5 de diciembre (cuando se aprobó el allanamiento) y el 15 de diciembre (día que se inició el proceso de vacancia que acaparó la agenda legislativa) hubo dos plenos –el 7 y el 13– donde se pudo tratar este allanamiento.
En estos se autorizaron unas 13 leyes e incluso un allanamiento a modificaciones a la Ley del Colegio de Psicólogos.

LEY Nº 30717

EL PRESIDENTE DEL CONGRESO DE LA REPÚBLICA

POR CUANTO:

EL CONGRESO DE LA REPÚBLICA;

Ha dado la Ley siguiente:

LEY QUE MODIFICA LA LEY 26859, LEY ORGÁNICA DE ELECCIONES, LA LEY 27683, LEY DE ELECCIONES REGIONALES, Y LA LEY 26864, LEY DE ELECCIONES MUNICIPALES, CON LA FINALIDAD DE PROMOVER LA IDONEIDAD DE LOS CANDIDATOS A CARGOS PÚBLICOS REPRESENTATIVOS

Artículo 1. Incorporación de los literales i) y j) al artículo 107 y de dos últimos párrafos al artículo 113 de la Ley 26859, Ley Orgánica de Elecciones

Incorpóranse los literales i) y j) al artículo 107 y dos últimos párrafos al artículo 113 de la Ley 26859, Ley Orgánica de Elecciones, conforme al texto siguiente:

“Artículo 107. No pueden postular a la Presidencia o Vicepresidencias de la República: […] i. Las personas condenadas a pena privativa de la libertad, efectiva o suspendida, con sentencia consentida o ejecutoriada, por la comisión de delito doloso. En el caso de las personas condenadas en calidad de autoras por la comisión de los tipos penales referidos al terrorismo, apología al terrorismo, tráfico ilícito de drogas o violación de la libertad sexual; el impedimento resulta aplicable aun cuando hubieran sido rehabilitadas. j. Las personas que, por su condición de funcionarios y servidores públicos, son condenadas a pena privativa de la libertad, efectiva o suspendida, con sentencia consentida o ejecutoriada, por la comisión, en calidad de autoras, de delitos dolosos de colusión, peculado o corrupción de funcionarios; aun cuando hubieran sido rehabilitadas.

Artículo 113. No pueden ser candidatos a representantes al Congreso de la República y representantes ante el Parlamento Andino, salvo que renuncien seis (6) meses antes de la fecha de las elecciones:

[…]

No pueden ser candidatos a los cargos de Congresista de la República o Representante ante el Parlamento Andino, las personas condenadas a pena privativa de la libertad, efectiva o suspendida, con sentencia consentida o ejecutoriada, por la comisión de delito doloso. En el caso de las personas condenadas en calidad de autoras por la comisión de los tipos penales referidos al terrorismo, apología al terrorismo, tráfico ilícito de drogas o violación de la libertad sexual; el impedimento resulta aplicable aun cuando hubieran sido rehabilitadas. Tampoco pueden ser candidatos a los cargos de Congresista de la República o Representante ante el Parlamento Andino, los que, por su condición de funcionarios y servidores públicos, son condenados a pena privativa de la libertad, efectiva o suspendida, con sentencia consentida o ejecutoriada, por la comisión, en calidad de autoras, de delitos dolosos de colusión, peculado o corrupción de funcionarios; aun cuando hubieran sido rehabilitadas”.

Artículo 2. Incorporación de los literales f) y g) al numeral 5 del artículo 14 de la Ley 27683, Ley de Elecciones Regionales

Incorpóranse los literales f) y g) al numeral 5 del artículo 14 de la Ley 27683, Ley de Elecciones Regionales, conforme al texto normativo siguiente:

“Artículo 14. Impedimentos para postular No pueden ser candidatos en las elecciones de gobiernos regionales los siguientes ciudadanos:

[…]

5. También están impedidos de ser candidatos:

[…] f)

Las personas condenadas a pena privativa de la libertad, efectiva o suspendida, con sentencia consentida o ejecutoriada, por la comisión de delito doloso. En el caso de las personas condenadas en calidad de autoras por la comisión de los tipos penales referidos al terrorismo, apología al terrorismo, tráfico ilícito de drogas o violación de la libertad sexual; el impedimento resulta aplicable aun cuando hubieran sido rehabilitadas.

g) Las personas que, por su condición de funcionarios y servidores públicos, son condenadas a pena privativa de la libertad, efectiva o suspendida, con sentencia consentida o ejecutoriada, por la comisión, en calidad de autoras, de delitos dolosos de colusión, peculado o corrupción de funcionarios; aun cuando hubieran sido rehabilitadas”.

Artículo 3. Incorporación de los literales g) y h) al párrafo 8.1 del artículo 8 de la Ley 26864, Ley de Elecciones Municipales

Incorpóranse los literales g) y h) al párrafo 8.1 del artículo 8 de la Ley 26864, Ley de Elecciones Municipales, conforme al texto normativo siguiente:

“Artículo 8. Impedimentos para postular No pueden ser candidatos en las elecciones municipales: 8.1 Los siguientes ciudadanos:

[…]

g) Las personas condenadas a pena privativa de la libertad, efectiva o suspendida, con sentencia consentida o ejecutoriada, por la comisión de delito doloso. En el caso de las personas condenadas en calidad de autoras por la comisión de los tipos penales referidos al terrorismo, apología al terrorismo, tráfico ilícito de drogas o violación de la libertad sexual; el impedimento resulta aplicable aun cuando hubieran sido rehabilitadas.

h) Las personas que, por su condición de funcionarios y servidores públicos, son condenadas a pena privativa de la libertad, efectiva o suspendida, con sentencia consentida o ejecutoriada, por la comisión, en calidad de autoras, de delitos dolosos de colusión, peculado o corrupción de funcionarios; aun cuando hubieran sido rehabilitadas”.

POR TANTO:

Habiendo sido reconsiderada la Ley por el Congreso de la República, aceptándose las observaciones formuladas por el señor Presidente de la República, de conformidad con lo dispuesto por el artículo 108 de la Constitución Política del Perú, ordeno que se publique y cumpla.

En Lima, a los nueve días del mes de enero de dos mil dieciocho.

LUIS GALARRETA VELARDE
Presidente del Congreso de la República

MARIO MANTILLA MEDINA
Primer Vicepresidente del Congreso de la República

Huaral Pe

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