Defence against criminal complaint for alleged aggravated disloyal collusion. We defended the biomedical equipment seller Draeger Peru in a criminal complaint filed by the Prosecution Service of Huancavelica for Corruption Crime regarding the sale of mechanical volumetric ventilators. The counterparty claimed that officials of the Departmental Hospital of Huancavelica and the general manager of our client had committed the crime of aggravated disloyal collusion.
Alleged concert to sell overpriced mechanical volumetric ventilators: The counterparty argued that they had concerted so that the company would sell them two mechanical volumetric ventilators when other companies were offering the same products for a lower price.
Defence focusing on lack of subjective responsibility: We offered innumerable evidentiary elements that accredited the inexistence of signs of the commission of the crime and filed several requests for the precision of the imputation framework. Additionally, we focused the defence on the fact that in Criminal Law, objective responsibility is forbidden.
Successful dismissal of case: After the execution of several investigative acts, the counterparty requested the dismissal of the case before the trial court, which decided to dismiss the case.
Good reputation of leading international player at stake: Founded in 1889, Dräger is a leading international company in the area of medical and safety technology. This is an important case to our client since the person being prosecuted is its general manager. An unfavourable outcome could damage the client’s good reputation in the market.
Latest development: With our advice, the case was successfully closed in July 2024.
