This Monday the Court of Appeals of Rancagua confirmed the precautionary measure of preventive detention issued against Juan Ramón Godoy Muñoz, accused by the Public Ministry as the author of the crimes of embezzlement of public funds, tax fraud, money laundering and aggravated bribery, illicit perpetrated between 2021 and 2023, as mayor of the commune of Rancagua.
In a unanimous ruling, the Second Chamber of the appeal court, made up of ministers Pedro Caro Romero, Miguel Ángel Santibáñez Artigas and the judicial prosecutor Álvaro Martínez Alarcón, rejected the appeal presented by the defense and confirmed the resolution of the Guarantee Court of Rancagua, considering that the freedom of Godoy Muñoz constitutes a danger to the security of society and to the success of the investigation.
The court determined that “as detailed in the contested resolution and in the formalization, the accused is accused of committing multiple crimes of aggravated bribery, in conjunction with tax fraud, embezzlement of public funds and money laundering, all in character. consummated and in which he is attributed the authorship, illegal acts that, at this initial stage of the investigation, are sufficiently justified in accordance with the aforementioned standard, given that the pursuing entity and the complainants have given an account of a set of antecedents. documents and testimonials, on the participation that corresponds to the accused in the formalized crimes, detailing his intervention in each of the five episodes described in the formalization, in which the participation of the third parties involved in the different fraudulent operations is also specified. .
It is added that “in accordance with the above, the questions raised by the defense before this Court, regarding certain specific facts of the formalization, do not have the necessary virtue to affect the bulk of the accusation, especially considering the multiplicity of the crimes, their repeated nature and the severity of the penalty associated with them.”
Finally, the court resolved that since “letters a) and b) of article 140 of the Criminal Procedure Code have been proven, in the terms explained in the previous recitals, the need for caution required by letter c) of the aforementioned article arises from the multiplicity of the formalized facts and the severity of the penalty assigned to the crimes, which due to their repeated nature have associated criminal penalties, all of which justifies confirming preventive detention, as the freedom of the accused constitutes a danger. for the security of society, in addition to posing a danger to the success of the investigation, in response to the reasons given by the judge a quo in this regard, as well as considering the original state of the investigation and the need to safeguard the results. Of the same”.
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