ASSUMPTION- Prosecutors Patricia Sánchez and Luz Guerrero asked the Court of Criminal Appeals, made up of judges Delio Vera Navarro, José Agustín Fernández and Bibiana Benítez, to confirm the resolution of Judge Miguel Palacios, who rejected the definitive dismissal of Senator Hernán Rivas, in the case of the false title of lawyer.
The legislator’s defense seeks to reverse the decision and obtain his disassociation from the process, arguing that the event “did not exist” or that Rivas “did not participate.” It also aims to prevent him from being brought to trial for the use of public documents with false content, a crime that the magistrate considered should be debated in an oral trial.
In their opinion, the prosecutors maintain that the interpretation proposed by the defense “departs from the rules of criminal hermeneutics,” by claiming that the use of false documents necessarily depends on a prior conviction for their production. They explained that articles 250, 251 and 252 of the Penal Code are autonomous and protect different aspects of documentary evidence, so the use of a false public document constitutes an independent crime.
The Public Ministry insists that the accusation meets all the formal requirements provided for in article 347 of the Criminal Procedure Code, and that the defense’s questions only confirm the need for an oral and public trial where the evidence is debated.
For this reason, the fiscal representation asked the Chamber to uphold Judge Palacios’ decision and reject the general appeal raised by Senator Rivas’s defense.
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