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Cristóbal Escobar | UNO Agency
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Unanimously, the Third Chamber of the Court of Appeals of Santiago confirmed the status of accused of the Mayor of Recoleta, Daniel Jadue, for the crimes of administrative prevarication and incompatible negotiation, and rejected the request of his defense to order the definitive dismissal of the investigation against him.
The lawsuit was filed in 2017 by the company Desarrollo Inmobiliario Bellavista, to investigate the acts at odds with the law and probity on the part of the mayor and of all those who are responsible in the litigation generated by the decrees signed in recent years by Jadue, who He intended to demolish the second tower of the Bellavista Harmonic Complex.
The plaintiff will soon request the formalization of Jadue, which continues to open the criminal aspect of the long litigation that involves the mayor of Recoleta and the company Bellavista Real Estate Development for building permits and the lack of municipal reception.
Jadue’s defense had argued that the existence of the crimes under investigation could not be proven and that after conducting a requested diligence the case could be dismissed, which was dismissed by the Court of Appeals of Santiago.
However, the ruling establishes that “the definitive dismissal must be decreed once the investigation is concluded, after having carried out the procedures that are considered necessary for the investigation of the punishable act and its participants, a scenario that cannot materialize once the state of the process has been attended to ”.
Finally, the Court of Appeals adds that “the resolution in appeal of October 2, 2020, issued by the Third Guarantee Court of Santiago, is confirmed, thus rejecting the defense petition regarding ruling in favor of the accused definitive dismissal ”.
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