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But the Supreme Court of Justice argued that in this request two different figures are put into consideration, and it is that although the defense of Andrés Felipe Arias seeks to consider the 10 months that the former Minister of Agriculture was released on bail, in the United States United, cannot be equipped with a house arrest, reported RCN Radio.
“The general particularities of home detention contrasted with those that international doctrine attributes to bail, indicate that they are dissimilar legal figures,” explained the Court, a decision cited by the station.
Another point clarified by the Supreme Court of Justice, according to the station, is that when speaking of bail it refers to a monetary payment with the commitment to attend the judicial process, something very different from the restrictions that govern in Colombia for a defendant who is granted house arrest.
Arias, for his part, wanted that time deducted taking into account that while he was free on bail, between November 2016 and September 2017, he had to comply with several limitations: stay in his home, with an electronic device and ask for a work permit.
Faced with this refusal by the Court, former Minister Andrés Felipe Arias would have to face the 17-year sentence imposed by that high court for the corruption scandal in the Agro Ingreso Seguro program, although he still hopes that a special chamber of the Court will review in second instance his conviction.
Arias received the support of the Office of the Attorney General of the Nation, which in a letter sent to the Court said that the sentence should be finalized, but indicated that it is necessary to review the amount of the penalty.
“The violation of the principle of congruence between the accusation and the sentence is evident due to the discrepancy in the legal classification (…) the criminal types attributed, it was not mentioned in the accusation and was included in the sentence, exceeding the limits of the judge’s function ”, Indicated the control body to the Court, according to a letter mentioned by La FM.
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