The court rescinds its decision and authorizes Pepca to merge the financial reports from Díaz Rúa
The First Collegiate Court of the National District today authorized the Special Prosecutor to Prosecute Corruption (Pepca) to include in its documentary evidence a CD containing financial information about the companies of accused Victor Diaz Roi.
The decision was taken by Judges Giselle Mendes and Giselle Naranjo, with the dissenting vote of Judge Tania Yunus.After accepting the appeal of an objection filed by Pepca’s president, Wilson Camacho and Attorney General Myrna Ortiz.
The court reversed the decision it made last Thursday, accepting an objection from Diaz Ra’s lawyer, confirming in the ruling that the matter had no time limit for attention, a decision against which the Public Prosecution filed an appeal against it.
However, the court cautioned that not all information on this CD about Victor Manuel Diaz Guerrero, son of accused Diaz Roi, will not be considered.
Last week, the court’s decision was issued by the opposing vote of Judges Tania Yunus and Giselle Naranjo, the latter now casting a reserved voice, Join Chief Justice Giselle Mendes, who has been arguing that the aforementioned evidence should be allowed to be included.
On appeal, the Public Prosecution sought to annul the decision by which it excluded the inclusion of the aforementioned evidence, after accepting an objection submitted by the technical defense of the accused Diaz Roi.
At the hearing, the Public Prosecutor’s Office claimed that the aforementioned financial information was obtained in a legal manner, with the corresponding court order issued by Judge José Alejandro Vargas (Coordinating Judge for the then National District Investigation Courts.
Wilson Camacho, who heads the litigation team representing the Public Prosecution Office, determined that the order was executed in a reasonable time and said it was handed over to the court.
He stressed that Judge Vargas authorized the Prosecuting Authority to request from the Banking Supervision Authority the data on Diaz Roa companies and that this has been done, and said that it should be included in the evidence against the accused.
In this sense, the Public Prosecutor’s Office argued that the Constitution of the Dominican Republic stipulates that no citizen can be required to act unless provided for by law, in addition to the fact that the Criminal Procedure Rule does not stipulate deadlines for the implementation of this type of jurisprudence, because what he said in this case corresponds to With the inclusion of the mentioned evidence.
For $ 92 million, the Brazilian company Odebrecht was paid for a business award by the Dominican country, as well as Víctor Díaz Rúa, Angel Rondón Rijo, Tommy Galán Grullón, Andrés Bautista García, Conrado Pittaluga and Roberto Rodriguez on trial.
The investigative body attributes to him unlawful enrichment in violation of the Dominican Penal Code, Old Law 72-02 on Money Laundering and Law 448-06 on Bribery.