[ad_1]
Although the announced resignation of the former president Álvaro Uribe Vélez was not transmitted yesterday to the Congress of the Republic, the debate on the legal implications of this decision, after having been questioned by the Court Supreme Court of Justice, do not stop
Jaime Arrubla, former President of the Supreme Court of Justice, CSJ, found that the current senator has the right to waive his jurisdiction to be tried before a court of law. other court, which does not imply any questionable strategy in legal terms. 19659002] "As long as the resignation does not take effect, if the Congress does not accept it, the Court may advance the inquiry procedure, but at the time when it is known that the functions have ceased , she must analyze whether she is competent or not with the process, "explained the expert
The declaration of Arrubla was made amidst the controversy aroused in the country after the opening of an investigation by the Supreme Court of Justice.The investigation to the exmandatario and to the current MP by the alleged manipulation of the witnesses, so that charges could be imputed to him by the procedural fraud and the However, Jorge Aníbal Gómez, who also held the presidency of the high court, said that the case depends on the crimes for which Uribe Vélez is tried, which in this case are his own. crimes, that is, that have nothing to do with his performance as an offi
Read also: Despite the announcement, Uribe's letter of resignation did not reach the Senate
"The issues that the court is dealing with against members of Congress are subject to the procedure of Law 600 (Code of Criminal Procedure before 2005). If passed on to the public prosecutor, Law 906 would apply, an accusatory procedure in which the prosecutor's office investigates and accuses and is a judge who advances the trial, "argued the jurist. [19659002] The former judge of the SCJ added that there is no stipulated time limit for forwarding the Court's case to the Office of the Prosecutor.If necessary, the High Court would send the files at the time where she finds that the crimes have nothing to do with her public office.
Gómez also clarified that, if there is an investigation in court, said version can be considered as an element of proof in the process, as stipulated by Law 600, while he is summoned by the Attorney General's Office, it would constitute a testimony or affidavit, as stipulated in Law 906.
that in Law 906, the procedure to be followed by the Public Prosecutor to bind a person to a pro judicial procedure is a procedure for charging charges before a safeguards judge.
In case of occurrence, the entity in charge of the investigation is autonomous decide when to summon the hearings, which are scheduled when considering that they have sufficient evidence.
Meanwhile, former Attorney General Francisco Cintura pointed out that in the practical sense of the word there is no difference between criminal proceedings in the court and in court.
"From the point of view of objective, truthful and impartial justice, there is no difference, it is still to be tried by the Court or by an ordinary judge. when the Court is tried by a court, "he declared
. The sources of the Court insist that once the resignation of Uribe protocolized, the case will be transmitted to the Prosecutor
. Meanwhile, the exmandatario rejected yesterday that some sectors were describing his announced resignation from Congress as a strategy to take refuge in a more favorable court case.
"I have never evaded the Supreme Court so that now they are inventing that the resignation in the Senate is for Bring the competition." The prosecution about witnesses who is basing me on facts made in the time that I exercise as a senator, who maintains the jurisdiction of the Court, "wrote Uribe Vélez in the morning on Twitter
Last night, through the same social network read an 18-point statement in which he refuted the arguments of the High Court regarding his alleged intention to manipulate witnesses in the proceedings against him, including Juan Guillermo Monsalve
You may be interested: Uribe requested the resignation of the magistrate who disclosed information about his trial of journalists
"The magistrates are wrong when they say that I asked Juan Carlos Sierra (El Tuso) to change the version. MP Roque Arismendi said that his associates told him that Mr. Sierra had said that during his imprisonment in the United States, people had visited him, names that I had given to the Court. and had offered him benefits in exchange for accusing me. As soon as I knew, I sent a letter to the court to be heard. I also asked him for this statement through those who brought me the information and a lawyer, "he said.
Uribe also expresses how he was informed by a demobilized false information against him, after indicating that Prado does not resign
Álvaro Hernán Prada says that he will not resign from his seat in the House and that he has evidence to refute the charges against against him for alleged manipulation of witnesses, as reported by the Supreme Court of Justice in the decision by which he calls to question.
"I see with great surprise, according to the Constitution, this step should begin is the training room and those who act are the magistrates of the criminal chamber, which is the second instance, "he said
The investigators
The President of the Supreme Court of Justice among others, the CSJ, Jo Luis Barceló, under whose leadership Álvaro Uribe is currently graduating from the Military University of New Granada and has several specializations in criminal law
Attorney with 36 years of experience, he was prosecutor in charge of the Superior Public Prosecutor of Bogotá, judge of criminal investigation, counselor of the Second Deputy Criminal Prosecutor, auxiliary magistrate of the CSJ and president of the Criminal Division of the latter.
Just Luis Antonio Hernández Barbosa, the other magistrate in charge of the case of the former president and senator
the current president of this instance of the CSJ
It is a lawyer at the Université Libre, a specialist in criminal law and has served as deputy magistrate and deputy prosecutor before the Supreme Court. He was also director of the public prosecutor's section of Medellín and judge of criminal investigation
[ad_2]
Source link
