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From here at 10 o'clock today, in the eighth chamber of the Santiago guarantee, the hearing in which the abbreviated procedure will be seen in the so – called Penta case, which will allow the main accused to have access to penalties lower than those
There is an agreement between the Regional Prosecutor's Office of East and the controllers of the Penta group, Carlos Delano and Carlos Eugenio Lavín, as well as Pablo Wagner, former undersecretary of mines of the first government of Sebastián Piñera
The Intelligent Citizen Foundation, as plaintiff of the Penta case , will oppose the abridged procedure, but this alternative is the exclusive responsibility of the prosecution, although the judge may dismiss it if it considers that the sanctions are not for the second, during the same hearing, the prosecution will proceed to the reform of the three accused. In the case of Délano and Lavín, the prosecution will withdraw the corruption charges and keep the tax crimes for a tax loss of 1,700 million dollars. The prosecution will seek a four-year sentence of imprisonment so that both defendants can be released plus the payment of a fine for the same amount of tax damage.
In the prosecution's opinion, the corruption charge against Delano and Lavin for the payment of $ 42 million to former undersecretary Wagner had difficulty proving it during an oral process. In addition, Delano and Lavín have the mitigating factors of irreproachable past behavior and the reparation of the harm caused, through the payment of 6,000 million dollars, for which the imprisonment sentences in a possible oral trial are considered improbable
. Wagner, the prosecutor's office, will withdraw the bribery charge and amend it for unlawful enrichment, precisely because of the difficulty of proving the crime. Wagner received the $ 42 million Penta as part of the fees due, but received the money when he was already in power in the first Piñera government.
The brief trial in the Penta case has been criticized for being an emblematic case of illegal political financing, similar to the SQM case. In March 2015, the then prosecutor Carlos Gajardo in charge of the Penta case formalized the controllers for setting up "a machine to defraud the treasure" and got the eighth court to order detention preventative of both, that they respected for 46 days and then spent 229 days under house arrest.
Even this abridged trial came to the Constitutional Court through a petition submitted by the parliamentarians of the Socialist Party, also plaintiff in the case. However, on June 18, the TC declared the application inadmissible and gave the green light to the proceedings.
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