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The former prosecutor Carlos Gajardo raised that the conviction against former senator Jaime Orpis (UDI), in the Corpesca case, for two crimes of bribery is “very bad news” for Pablo Longueira, also a union member, who faces the same charges in the SQM case.
The “Colonel” of the UDI “has publicly insisted on his innocence, but this verdict (against Orpis) is very bad news for him,” said the lawyer in Remains of the Day.
He stated that “the courts are saying that the conduct displayed by a person who receives money directly or by third parties, such as Jaime Orpis, and what is imputed to Longueira; and the simultaneous commission of acts for the benefit of that company, which Orpis did with Corpesca in the Fishing Law and what is imputed to Longueira with SQM and the Mining Royalty Law, are extraordinarily similar situations“.
Therefore, “with the principle of equality before the law, one should foresee a similar result in an eventual oral trial against Longueira“.
“A LAW WAS LEGISLATED WITH BRIBED PARLIAMENTARIANS, JUDICIAL TRUTH”
In the verdict reported today by the Third Oral Criminal Court of Santiago Orpis, he was convicted of six of seven crimes of tax fraud who were accused, and for two crimes of bribery, committed within the framework of the Fishing Law; and the former deputy Marta Isasi, also a UDI, for one of the three bribery crimes charged.
“It is a historic ruling: a judicial truth has been established that establishes that in Chile a fishing company bribed, paid and bribed two parliamentarians to legislate in their favor. That, judicially established, is extraordinarily serious, “Gajardo emphasized.
In this regard, he appreciated that Congress is legislating to annul said regulation. “It is clear that what Parliament is doing is correct; This specific regulation has to be reviewed and the corresponding corrective measures adopted. Today it is established as a judicial truth that a law of the Republic was legislated with parliamentarians who were bribed by a fishery, and that cannot cause indifference in Parliament. “
“Further, It is the first conviction in Chile, in oral proceedings, of a company as legally responsible for having committed a crime by his high official, “he stressed, although “the penalties to which the legal person is exposed are lowWe have a legislation that is not very punitive in economic crimes: it should be sanctioned with fines of a not very high amount. “
“It is a historic ruling,” Gajardo stressed, despite the abolitions for tax crimes.
“ATTITUDE ZIGZAGUEANTE DEL SII COMPLOTÓ” AGAINST TAX CRIMES
The Santiago TOP, meanwhile, acquitted Orpis for tax crimes, against whom the Internal Revenue Service had sued for providing 78 ideologically false ballots to Corpesca; and also Isasi, who was not sued by the SII.
Gajardo, first, clarified that “against what has been said on social networks today, Internal Taxes came to the end, filed charges, was present at the trial “against Orpis, and that it is not true that the organism has not persevered. “The acquittal was because the fraud, the intention of Jaime Orpis to commit this crime, was not sufficiently credited,” which is “bad news for the criminal prosecution of these crimes,” said the former prosecutor.
However, he questioned that “in this thesis, what has conspired against being able to obtain better results has been the completely zigzagging attitude that IBS has had, that at one point he was quite a persecutor of these causes, until 2015, when he was intervened by the Government of the time, of President Bachelet: his director and Legal Deputy Director were dismissed precisely because they had been very active in these causes, and appointed authorities with a different criterion. “
“The criminal persecution must have some consistency, because it does not seem to me that the judges like that they have to end up judging what an administrative authority (of the SII) decides in one case or another, “he said, for which he pointed out that” tax crimes should be criminal action public and end the faculty of the SII, and we should have a much more autonomous SII “.
