Supreme Court issues one-year sentence for PRD deputy
The deputy says that he will renounce his immunity and serve his sentence
Diario Libre
SANTO DOMINGO. The Plenary of the Supreme Court of Justice (SCJ) handed down a guilty verdict against the deputy from the Dominican Revolutionary Party, Ramon Antonio Fernandez Martinez, for having taken a minor away from the control of her parents. The court sentenced the deputy to one year in the Najayo jail.
The legislator was found guilty of violating articles 355 of the Penal Code, as modified by laws 24-97 and 46-99.
The tribunal ordered the conditional suspension of the sentence for a period of six months on the condition that the defendant establishes a fixed residence.
The SCJ ordered that the execution of the sentence be carried out in the Najayo jail, establishing the notification of the decision to the Judge for the Execution of the Sentence in the province of San Cristobal.
The judges also ordered that the resolution be sent to the Chamber of Deputies for the corresponding legal consequences.
Legislator Fernandez Martinez was also condemned to pay the penal costs of the trial process.
The court deferred the reading of the entire sentence until next Wednesday at 12:00 noon.
The deputy's version
The deputy came out and said that he himself would renounce his legislative immunity in order to fulfill the sentence which was handed down. In that way he discarded that the Plenary of the Chamber of Deputies would have to take on the passage of a resolution for that purpose.
Fernandez Martinez alleges that this is a "political persecution" in spite of the fact that the case has been in the courts for more than three years.
"Nobody has to take away my immunity, I'll do it myself. And if at some time I have to fulfill (the sentence), even being innocent, a sentence of the Supreme Court of Justice, I will do it," said the legislator.
He said that after the sentence is read, his lawyers would study the possibility of soliciting a review of the case and also of taking the case before the Constitutional Tribunal, since he alleges that they falsified evidence.
The legislator cannot be fired
Ramon Antonio Fernandez Martinez (Papo), found guilty of removing a minor (sex with a minor), cannot be forced to undergo an impeachment hearing for his dismissal, since the event for which he was being judged was not committed during the exercise of his functions, but rather before he was elected as a deputy. According to Article 83 of the Constitution, the elected or appointed officials can only be impeached for committing serious faults in the exercise of their functions. What does seem likely is the suspension of his salary from the time he begins until the time he finishes his sentence.
The legislator was found guilty of violating articles 355 of the Penal Code, as modified by laws 24-97 and 46-99.
The tribunal ordered the conditional suspension of the sentence for a period of six months on the condition that the defendant establishes a fixed residence.
The SCJ ordered that the execution of the sentence be carried out in the Najayo jail, establishing the notification of the decision to the Judge for the Execution of the Sentence in the province of San Cristobal.
The judges also ordered that the resolution be sent to the Chamber of Deputies for the corresponding legal consequences.
Legislator Fernandez Martinez was also condemned to pay the penal costs of the trial process.
The court deferred the reading of the entire sentence until next Wednesday at 12:00 noon.
The deputy's version
The deputy came out and said that he himself would renounce his legislative immunity in order to fulfill the sentence which was handed down. In that way he discarded that the Plenary of the Chamber of Deputies would have to take on the passage of a resolution for that purpose.
Fernandez Martinez alleges that this is a "political persecution" in spite of the fact that the case has been in the courts for more than three years.
"Nobody has to take away my immunity, I'll do it myself. And if at some time I have to fulfill (the sentence), even being innocent, a sentence of the Supreme Court of Justice, I will do it," said the legislator.
He said that after the sentence is read, his lawyers would study the possibility of soliciting a review of the case and also of taking the case before the Constitutional Tribunal, since he alleges that they falsified evidence.
The legislator cannot be fired
Ramon Antonio Fernandez Martinez (Papo), found guilty of removing a minor (sex with a minor), cannot be forced to undergo an impeachment hearing for his dismissal, since the event for which he was being judged was not committed during the exercise of his functions, but rather before he was elected as a deputy. According to Article 83 of the Constitution, the elected or appointed officials can only be impeached for committing serious faults in the exercise of their functions. What does seem likely is the suspension of his salary from the time he begins until the time he finishes his sentence.
Diario Libre
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