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The Constitutional Court accepted the request for suspension of formalization presented by the Public Ministry advisor, Roberto Contreras, and the prosecutor Patricio Rosas, and the general secretary of the Senate, Raúl Guzmán, who were surprised having lunch in a restaurant in San Miguel in full quarantine.
After the request to set a formalization hearing for a possible violation of article 318 of the Penal Code presented by the regional prosecutor of Bío Bío, Marcela Cartagena, Guzmán’s defense entered before the TC a request of inapplicability due to unconstitutionality of article 318 of the Penal Code, also requesting the suspension of the criminal procedure while the process is resolved due to unconstitutionality.
However, said request was rejected by the TC, setting in parallel the formalization for November 19 and granting, at the same time, a period of 20 days for other interested parties to become part of it.
This is what the defenses of Contreras and Rosas did after which, during yesterday’s session, the Second Chamber of the TC decided this time to accept the request in favor of its arguments and suspend the criminal process for all those involved.
The above, “until the request for inapplicability is resolved due to unconstitutionality of the controversial article ”, in what would represent an important setback for the management of the persecutor Marcela Cartagena.
In this context, the hearing for the definitive dismissal of the investigation of Roberto Contreras Puelles and Patricio Rosas, which had also been set for November 19 by the 11th Guarantee Court of Santiago, was also suspended.
@TRIBCONST_CHILE suspends criminal case against – among others – secretary of the @senate Raúl Guzmán, in the case of an alleged violation of article 318 of the penal code. pic.twitter.com/5Vcr5eNFyp
– South Metropolitan Regional Ombudsman (@Dpp_Cl_MetroSur) November 11, 2020
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