The guarantee judge Alicia Pedrozo notified the State Attorney General’s Office yesterday afternoon of the ruling of the Constitutional Chamber of the Supreme Court of Justice, which on March 22 rejected the action of unconstitutionality filed by the deputy prosecutor Marco Alcaraz in the case known as Berilo, where the alleged drug trafficker is being prosecuted Reinaldo Javier “Cucho” Santacruz Cabinthe Colorado deputy Ulysses Quintana and another twenty accused for acts related to drug trafficking.
Now, the Public Ministry has 10 business days to present an accusation and another conclusive requirement in relation to those accused in the case.
But later, the defendant Hugo Ríos, accused of being a business partner of Cucho, recused the entire anti-drug unit, headed by Deputy Prosecutor Marco Antonio Alcaraz.
But at the same time, he challenged other deputy prosecutors and from other units. A total of 43 prosecutors were challenged.
Chamber left the Public Ministry without evidence
On March 22, the Constitutional Chamber of the Supreme Court of Justice, made up of ministers César Diesel, Alberto Martínez Simón and César Garay (in dissent), rejected the action of unconstitutionality filed by deputy prosecutor Marco Antonio Alcaraz against the Interlocutory Ruling No. 564 of November 29, 2019, issued by the Criminal Court of Appeal, First Chamber, in the case “Reinaldo Javier Cabaña Santacruz et al. s/ Law 1881/2002, which modifies Law 1340″.
By means of said resolution, the court of appeal revoked the ruling of September 24, 2019, issued by the judge of Guarantees Alicia Pedrozo, who granted an extension of the judicial term for the Public Ministry to present all the evidence and documentation that supports the accusation. presented.
Through AI No. 564, the higher court, made up of chamberlains Pedro Mayor Martínez, Gustavo Santander Dans and Gustavo Ocampos González (in dissent), understood that, by not having presented the evidence that supports the accusation, as required by the Article 461 of the Criminal Procedure Code (CPP), said prosecutor’s accusation should be considered as not presented.
FGE has 10 days to accuse Cucho Cabaña and Ulises
The ruling of the Constitutional Chamber expressly states that the rejection of the action of unconstitutionality filed by the deputy prosecutor Marco Alcaraz does not imply that the Public Ministry has lost the opportunity to formulate an accusation or another conclusive requirement in relation to the more than 20 defendants in the cause.
It also indicates that, although at the discretion of the Court of Appeals of the First Chamber, it may no longer do so through the ordinary prosecutor’s office, it may do so through the State Attorney General’s Office, in accordance with article 139 of the Code of Criminal Procedure, thus decided by the owner of the same.
Just yesterday afternoon, Judge Alicia Pedrozo was able to notify the ruling of the highest court to the State Attorney General’s Office, due to requests for clarification, appeals for reconsideration and challenges raised by the defenses.
