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The lawyer Jaime Granados Peña, defender of former president Álvaro Uribe Vélez, formalized the request for his client’s immediate release, assuring that the decision of the Investigative Chamber of the Supreme Court of Justice that ordered his arrest is not being questioned, but the effect that it would have. in the process the change of system by which the investigation is now being carried out.
Granados added that the defense is not asking for the nullity of the proceedings.
Judge 30 of guarantees, Claudia Ximena Salcedo, will have to resolve that request and in what stage of the process is the investigation that is now being carried out under the new accusatory criminal system.
Granados pointed out that in 2002 it was established in the Constitution that it is the responsibility of the Prosecutor’s Office to request the corresponding assurance measures for people to go to the judges and that the guarantees control judges will be in charge of resolving such requests. in front of the freedom of the people.
And he added that this type of petition occurs at the time of the imputation of charges against the investigated persons and under some parameters established in the same regulations.
The criminal lawyer pointed out that when passing the investigation of the system from Law 600 to Law 906, three aspects must be taken into account. In what procedural stage is the process? In what capacity is the investigated person?
He said that when the Chamber of Instruction of the Supreme Court defined that it had lost jurisdiction over the case after Uribe Velez’s resignation from the Senate, it did not say how the new penal system should be passed.
He also said that before the change of system, an investigation had been carried out, the legal situation of Uribe Vélez was resolved by ordering his arrest, but the investigation stage was not closed. For this reason, he said that now the process would have to remain in the investigation stage and release would have to be ordered. “The investigation procedure cannot be equated with the indictment of charges,” Granados said.
He said that when the Prosecutor’s Office is going to impute charges it is when it is already clear what happened, when it considers that it already has enough evidence to bring the accused before the judges and instead in the investigation it barely links the person to a process that is still investigating.
Other news of the day:
– Timochenko and Lozada, to version in JEP by Álvaro Gómez case
– The Prosecutor’s Office calls Rodrigo Londoño and Carlos Antonio Lozada to testify
– Judge orders to investigate publication of interception of the Uribe case
JUSTICE
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