[ad_1]
For this reason, Chaverra, who wrote the text that the Supreme Court of Justice is discussing, assures, according to Semana, that Uribe’s trial in the case of false witnesses must continue in Law 906 – as requested by the defense of the former president – and not in Law 600, under which they granted him a house for jail.
In this sense, the magistrate who presented the presentation considers that the judge 30 of guarantees of Bogotá it is competent “to pronounce on the request for release”, cites the magazine.
However, Chaverra says, according to the publication, that the investigation by false witnesses must continue in the new penal system from the point where the high court left it (and not start from scratch), because “everything acted has an unobjectionable legal validity, especially if the opportunity and circumstances in which it was carried out are considered, with strict preservation of the guarantee of the natural judge ”; in other words, the insurance measure against Uribe should be maintained.
“[…] Under the guidelines of Law 906 of 2004, this action must be continued, advancing the procedural phases that, according to the aforementioned codification, follow after the imputation is formulated, since understands that the act of procedural linkage of the investigated was fully supplied and with binding effects through the investigation process, in which, from the factual and legal level, the charges under investigation were charged and communicated to citizen Uribe Vélez, since The resignation to the jurisdiction of congressman can never entail the unreasonable, and absurd consequence of generating the invalidation of judicial proceedings validly assorted in exercise of the attributions conferred by the procedural law applicable at the time and with strict adherence to due process ”, says the presentation, assures the media.
That goes against the claims of the defense of the former head of state, who used Uribe’s resignation from the Senate to bring the case to the ordinary justice, aiming for the Prosecutor’s Office to start the investigation from scratch, and to annul the house arrest.
What Jaime Granados, the former senator’s main lawyer in this case, alleges is that decisions made under an old criminal process cannot be upheld in a new one.
However, if the Supreme Court of Justice endorses that presentation, it would be the judge 30 of guarantees of Bogotá, who asked the high court to define if it had jurisdiction in this case, the one that decides the fate of Uribe’s freedom.
But the Court has not made a final decision, and therefore the discussion will continue this Monday.
[ad_2]
