The First Appeals Chamber had already dominated in favor of the previous Minister of Communications, José Luis Benito and diminished the sentence and high-quality for the case of the suitcases with Q122 million present in a residence in Antigua Guatemala, Sacatepéquez.
Nevertheless, this week the Second Court docket of Appeals determined to simply accept an enchantment from the Lawyer Common’s Workplace (PGN) and repeat the listening to to simply accept prices from the previous Minister of Communications, which has opened a dialogue in regards to the legality by which two rooms know the identical case.
The PGN appealed the sentence of the Excessive Danger Court docket D, issued underneath the determine of acceptance of prices, by which Benito was sentenced to 2 years of commutable jail and a high-quality of Q1 million 600 thousand; along with a restore value Q220 thousand.
“The Second Chamber of the Court docket of Appeals for Excessive Danger and Asset Forfeiture declared admissible the enchantment introduced by the Lawyer Common’s Workplace, in opposition to the sentence handed down by Decide Abelina Cruz within the case in opposition to the previous Minister of Communications José Luis Benito Ruiz,” the PGN mentioned in an announcement.
With this decision, the PGN hopes that the acceptance of prices listening to might be repeated “in order that the ruling is issued in accordance with the legislation.”
Lawyer Arturo Miranda, an analyst in authorized and felony points, relating to the choice of the Second Chamber to order a repeat listening to for acceptance of prices, sees irregularities as a result of these “are appealable to the problems of ensures”, nevertheless “the difficulty of respectable reparation will not be appealable.”
For Miranda, “it isn’t acceptable” for the case to be heard by two totally different chambers, as a result of “they’ve to attach the case in the identical Appeals chamber.”
The same criterion was expressed by lawyer Conrado Reyes, who assured that “every Chamber of the Court docket of Appeals is a courtroom of second occasion and hears rulings from sure first-degree courts. The rulings of the Court docket that handed down the ruling are at all times identified by the identical Chamber, as it’s the competent jurisdictional occasion. That’s, a Chamber hears in a second diploma the resolutions of sure decrease judges and, underneath its jurisdiction.”
The felony lawyer, César Calderón, additionally assured that “the identical case in a single sentence doesn’t go to 2 chambers, however to at least one”, as a result of “the job of a chamber is that, to qualify the sentence of a choose or courtroom.”
Unusual decision
For Rafael Curruchiche, head of the Particular Prosecutor’s Workplace in opposition to Impunity (Feci), till this week the Prosecutor’s Workplace was “compliant” with the provisions of the First Chamber, till the PGN determined to enchantment the dignified reparation, so the case should now The Excessive Danger Court docket A is aware of it.
In response to Curruchiche, the Feci now “really feel in a authorized limbo” as a result of they didn’t count on this decision that enables the accused to take motion in opposition to the “very unusual” decision issued by the Second Court docket of Appeals.
For now, mentioned the pinnacle of the Feci, they may look ahead to the brand new listening to to adjust to what was ordered by the Second Appeals Chamber.
The PGN, to a Prensa Libre inquiry in regards to the course of the case, responded that they acted in opposition to the ruling as a result of “the ruling was not issued in accordance with the legislation, which impacts the pursuits of the State.”
Concerning potential actions to keep away from repeating the listening to, the PGN responded that “it can proceed to behave in its protection, in accordance with the legislation, all through the method.”
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