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Criminal experts are divided as to whether allegations of fraud and procedural fraud should be filed with the Office of the Prosecutor or remain before the Supreme Court.
On his official Twitter account, former Senator Álvaro Uribe Vélez announced that he would resign from his seat in the Senate Mauricio Alvarado – El Espectador
If the Senate of the Republic accepts the resignation that the current senator and former president Álvaro Uribe Vélez presented at his seat, the Supreme Court of Justice will enter to define whether or not to maintain jurisdiction to investigate procedural fraud and corruption or not. Inside the Criminal Chamber, there are some magistrates who think that, losing jurisdiction, and this high court could not continue the case. However, the debate is divided
. Former Supreme Court Justice Alfredo Gómez Quintero explained that this court can only investigate and prosecute a member of Congress who has been attributed a crime at the same time as this investiture. When a senator ceases to be a member, by waiver or expiration of the period, he must then go to court to determine whether the crime for which he is the subject of the investigation has or not a link to his position.
With the resignation, the investigation against Alvaro Uribe would go to the Procuratorate)
In this sense, it is about ordinary crimes, such as homicide or rape for example, the prosecutor's office should already continue the investigation. "In this case, if the Congress accepts the resignation, because the Court will have to consider whether the procedure of corruption and fraud has a relationship with the function of Senator, if it took advantage of the investiture for the alleged commission of "For the former Attorney General, Guillermo Mendoza Diago, as a preliminary, the investigation on Uribe should be entrusted to this agency because" these are common law crimes ". It is not part of the offenses of the duties like the hijacking, the prevaricato, the crimes against the public administration. "Although, he warned, everything depends on the badysis by the Court d & # 39; 39, a possible link with the duties of Senator Uribe. And if the case is brought before the prosecution at this stage of the investigation, the case would correspond to a sectional prosecutor who has to go badyze whether to charge Uribe Vélez, in a court of the Republic.
(You may be interested in: In secret and with interceptions, here is how the Supreme Court has investigated on Senator Uribe)
But for the other lawyers, the situation is different.The lawyer Francisco Bernate, for example, must remain before the Supreme Court and, for this, explained how in some cases of parapolitics, this high court followed the investigations even when the person had p In a dialogue with RCN Radio, the lawyer stated that the court said that " people can not choose their own judge." From that moment the thesis is maintained that can not renounce to modify the and this case will be examined by the Supreme Court of Justice . "
Senator Uribe Vélez has two trials in the Supreme Court for similar acts, manipulation of witnesses, but this would have occurred in Different periods of time e.The first investigation, which is still preliminary, originated at the request of the Court itself, on February 16 ordered to investigate in the same car in which filed a complaint against Senator Ivan Cepeda to go to the country's prisons seeking witnesses against Uribe and his brother Santiago Uribe
(You might be interested: The call to the investigation was surprising: the defense of Uribe Vélez)
The second lawsuit opened On February 22, after the court had learned that relatives of former President Uribe had engaged in new acts of witness manipulation, he was linked to Prada and the two were called to interrogate. Uribe will have to surrender Court to explain this alleged manipulation of the witnesses. In addition, you will know in detail the evidence against you and may speak to your lawyer to refute each of the signs. Next, the Criminal Chamber must resolve its legal situation, that is, whether it issues a measure of insurance or not. Ultimately, he will have to decide whether he should call the trial or not.
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