the lawyer Who is accused? Juan Alexis Medina SanchezAnd Carlos SalcedoThis Thursday reduced the validity of the statements Prosecution Yenny Bernice and Wilson Camacho, who have repeatedly announced that the trial of the case Octopus “It’s armored.”
For Salcedo, the case lacks protection because it is assumed that the public prosecutor did not act transparently by concealing evidence and investigation details from the accused.
“When the file is protected, it is due to the fact that not only was the efficiency of the investigation process respected, but the validity of the investigation depends, to a large extent, on the fact that the defense has become transparent, which never happened”lawyer
The jurist confirmed that the Public Prosecution violated the principle of equal means of defense, by not submitting its tax file in a timely manner. He added that his actions violate the practice of lawyers who need to know the hypotheses he formulates to know how to defend their clients.
“From the first moment the investigation process begins, it must be transparent to the parties because of the principle of equal means of defence, and I must have the same burden of arguments, the same tools of defense for the Public Prosecution against the investigations against me,” referring to Article 290 of the Code of Procedure Penal, which states that Prosecution They must inform the parties of the evidence they provide in their financial file.
Salcedo confirmed that the Public Prosecution Office has all the evidence it has deposited with the Public Prosecution Office since the raid that led to the dismantling of the alleged corruption network at the end of last year, and did not hand it over until a year later.
“It contained all the evidence collected and recovered in the raids, and none of this evidence, which was in the defendants’ hands initially, was ever delivered or made available to them,” he said. lawyerLast May, the Public Prosecution Office demanded before the Third Investigation Court to hand over evidence proving his accusation.
In connection with this process, he claimed that he received three sets of evidence in June, which are “useless” and that the rest are being kept by the Public Prosecution Office.
“What the Public Prosecution Office gave us in June and July was useless evidence, it was the gazebos, for the defense to enjoy,” he said.
The process can get stuck at first
Based on the previous article of the Code of Criminal Procedure, the judge confirmed that if the judge decided to conceal evidence as he argues, he will not accept the prosecution’s accusation.
“All evidence hidden from the defense is useless for the proceedings and must be excluded by the judge from the preliminary hearing at the time when the justification for the accusation and especially the quality of the evidence is known, and in the event that these tests survive the objective process, they must be excluded at the time of establishment, and thus the process falls” .
Brother of former President Danilo Medina, Juan Alexis Medina, accused of using the environment presented to him by being the brother of the then President of the Republic, Danilo Medina, as a shield for organizing a “company network” to transfer money from the heritage of the Dominican state for millions of pesos.
According to the Special Prosecutor’s Office against Administrative Corruption (Pepca), the way in which the alleged criminal structure operates consists of monopolizing public business (tender contracts, awarding prizes, procurement, among others) towards publicly traded companies that are mostly made up of frontmen, which In turn led to benefits for the accused.
On December 8, the then investigating judge, José Alejandro Vargas, ordered the preventive detention of the businessman, who has been in Nagayo Hombres prison since then, despite the resources he had begun to continue the operation with less coercion. .
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