SAN FERNANDO S.A.

San Fernando is the largest producer of poultry, eggs, pork and sausages in Perú. A notification was received of the initiation of an investigation against the company for the commission of the crime of attacking archaeological monuments of the Ministry of Culture. This complaint was because the alleged construction of the perimeter fence of the company’s property called Pavi-12 was located within an archaeological zone. This disposition ordered the declaration of the legal representative of the company, as well as the inspection of the site. From the background of the case, it became evident that there was also an administrative sanctioning procedure for the construction of the perimeter fence, but in this procedure, it was declared that the company was not responsible because the archaeological zone was not defined. Thus, the legal representative was prevented from testifying, participated in the inspection of the property and informed both the authorities and the representative of the Ministry about the conclusion of the administrative procedure, ensuring that the representative of the Attorney General’s Department of the Ministry would not ratify the complaint. When the Prosecutor’s Office was about to resolve the case, a new summon was received for a new complaint based on the same facts, and it was discovered that the Prosecutor’s Office had duplicated the complaint. In this regard, we had to manage the accumulation of the prosecutor’s files and, after that and based on our defense arguments, the Prosecutor’s Office ordered the dismissal of the investigation. It is still pending confirmation as to whether or not this closure has been appealed.

Matter value – include currency and amount in figures :

Not determinate.

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

No.

Lead partner :

DIEGO ABEO

Other team members :

MARIA FERNANDA GUTIERREZ

Other firms advising on the matter and their role(s) :

Date of completion or current status :

May 23, 2022.