San Fernando is the largest producer of poultry, eggs, pork and sausages in Perú.
We were notified of the initiation of an investigation against the company for the commission of the crime of usurpation against a third party, who had irregularly acquired the land where the company’s farm is located. Independently of the actions that correspond to this sale, this new complaint against the company had to be dealt with.
However, the complaint was in charge of a prosecutor that SAN FERNANDO had previously denounced for her bias in a previous case against the company; therefore, it was necessary to remove her from the case.
We took the necessary steps and managed to get the Coordinating Prosecutor to accept our request to remove the prosecutor in this case, appointing a new prosecutor in charge.
With the new appointment, steps were taken to demonstrate that the offence had not been committed, as the company was and is the one in possession of the property.
We met with the Prosecutor and presented our allegations and defense documents, and the Prosecutor managed to get the case closed because it was demonstrated that SAN FERNANDO had possession of the land, indicating that the crime of usurpation protects possession and not ownership, which is important in the analysis of the crime denounced.
The decision was confirmed and the case ended.