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1. Which two actions yesterday the Supreme Court of Justice decided against Álvaro Uribe?
To explain pedagogically we would say that the Supreme Court passed decisions against two actions. The first, which gave the assignment to the inquiry to the senator, is recounted by the facts studied by this corporation after the last 16 of February . On that day, the Criminal Cassation Chamber refrained from investigating Senator Iván Cepeda and compiled copies against the plaintiff Álvaro Uribe. In this regard, the Court granted the request of Senator Álvaro Uribe Vélez, and made arrangements to hear in a free version of the previous open investigation course certified copies, as well as for the alleged manipulation of witnesses in events prior to February 16, 2018, derived from the preliminary inquiry that was brought to the senator ] Iván Cepeda . Secondly, the Court said that, in reaction to the first open case, persons close to ex-president Uribe, presumably for this company to the knowledge of Uribe, would have undertaken new acts of manipulation of witnesses.
2. Why is Álvaro Uribe investigated and what is the penalty for Colombian law?
The Supreme Court notified the official opening of a criminal investigation against the former president Uribe ] for the crimes of corruption and procedural fraud. The Bribe states that whomever delivers or promises money or other use to a witness of so that fails true or the street totally or partially in his testimony, will incur in prison from one to five years . For its part, the procedural fraud offense dictates that by any means fraudulent mislead an official to obtain an award, resolution or administrative act contrary to the law, shall incur in six to twelve years' imprisonment, fine of 200 to 1,000 statutory minimum monthly wages in force and disqualification for the year. exercise of public office rights from five to eight years.
3. The resignation of Uribe makes that the one who investigates is not the Supreme Court but the accusation?
There are two theses. The first indicates that, although Congress accepts the resignation presented by Senator Uribe Vélez, the Court would not lose jurisdiction since that court has a jurisprudence stating that jurisdiction does not can resign. On the other hand, there is the thesis that the resignation submitted, the Court would lose jurisdiction for investigation to Uribe and the case would go to ordinary courts by Office of the Attorney General of the Nation, also weighing according to this criterion, that the crimes have no functional relationship with the post. The final decision will be the Supreme Court which will define in last who will continue to investigate the former president .
4. What does the call for Uribe's indictment involve and come in the criminal process?
Senator Álvaro Uribe was linked to the process by an inquiry, which is a hearing to launch the criminal process. Before presenting himself at this diligence, he will have the opportunity to know the evidence against him and will have sufficient time to prepare the defense against the accusations against him to refute them. From agreement with the Code of Criminal Procedure in this instruction will determine whether or not the senator violated the criminal law, and the rest of the factors surrounding the facts of the 39; investigation. After the respective verification, the court will establish whether or not to open a formal process and will have that will decide to call it or not. 19659006] 5. During this process, the former president Uribe could be imprisoned?
After the investigation, the Criminal Chamber is to resolve the legal situation of Uribe, and if it files the investigation or not if to follow to transmit with it, it would determine if it dictates a measure of insurance or not.
6. If the case of Uribe is advanced by the Supreme Court, would it be advanced on the principle of dual jurisdiction?
Before the entry into force of the Trial Chamber implemented by Legislative Law 01 of 2018 in the proceedings against said, as in this case, there would be two instances.
7. The resignation of Álvaro Uribe in the Senate of the Republic is automatic
The procedure that must give the resignation of Álvaro Uribe Vélez to his seat as a senator could be completed on Wednesday. Although he has not received the formal resignation, once he has been received, he will be put to the vote of in plenary session of that society. If the plenary considers and accepts, an administrative act is issued to formalize this fact. The person is informed that resigned and that is where his connection comes as a member of Congress.
8. Who will assume the seat of Álvaro Uribe in the Senate of the Republic?
Once the process of his resignation ended, the former president Álvaro Uribe, who obtained 891,964 votes the legislative elections of March 11 would be replaced by Milla Patricia Romero Soto civil engineer of Cúcuta, also candidate for the Gobernación de Norte de Santander
9. Can we apply the empty chair to Uribe's seat?
At this procedural moment, it can not be said that the empty chair and the curul will be occupied by next on the list. The above, because, according to the release of the Supreme Court it is not observed that it is one of the four types of conduct or crimes that, in the Constitution Generate ] empty chair.
10. After this resignation at his seat, Uribe could return to the Senate?
For this legislative period which began on [20juillet1939] July 20 and goes until 2022, was unable to resume functions. After that, Uribe could be senator, but as long as was not convicted of the acts that are incriminated.
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