SCJ sentence can be appealed in two ways, says lawyer
According to Simon Polanco the decision permits recourse for an appeal and for annulment
Tania Molina
SANTO DOMINGO. The sentence in which the judge of Special Instruction, Alejandro Moscoso Segarra, granted the decision of "No Ha Lugar"(There are no grounds; it is inadmissible) in favor of the Senator for San Juan de la Maguana, Felix Bautista and another six defendants for alleged money laundering and corruption, can be appealed in two ways.
In the first place, an appeal can be filed for an annulment, according to jurist Candido Simon Polanco. The lawyer feels that since the judge ordered the annulment of the process, alleging double jeopardy, he feels that penal action has ended, which leads to an annulment. In this case the appeal should be filed in the Secretariat of the Supreme Court of Justice so that the plenary will be the ones to hear the case. The appeal, explains the lawyer, would apply for Senator Bautista, as well as for José Elias Hernandez Garcia, Bolivar Antonio Ventura Rodriguez, Carlos Manuel Ozoria Martinez, and Gricel Aracelis Soler Pimentel, for whom the judge decided to annul the accusations against them.
In the case of defendants Soraida Abreu Martinez and Bienvenido Apolinar Breton Medina, this sentence should be appealed by means of an rcourse before the Supreme Court. In the same manner as the prior case, the appeal is to be deposited at the Secretariat of the Supreme Court, and should be heard by the Penal Chamber of that tribunal.
Simon Polanco also feels that this sentence can be attacked before the Constitutional Tribunal, demanding its annulment because, he says, Judge Moscoso Segarra violated the deadline for presenting the decision by exceeding more than a month. The magistrate reserved the decision last 26 February and revealed the decision last 27 March.
The Attorney General of the Republic has five working days to appeal, which will end on Tuesday of this coming week.
In the first place, an appeal can be filed for an annulment, according to jurist Candido Simon Polanco. The lawyer feels that since the judge ordered the annulment of the process, alleging double jeopardy, he feels that penal action has ended, which leads to an annulment. In this case the appeal should be filed in the Secretariat of the Supreme Court of Justice so that the plenary will be the ones to hear the case. The appeal, explains the lawyer, would apply for Senator Bautista, as well as for José Elias Hernandez Garcia, Bolivar Antonio Ventura Rodriguez, Carlos Manuel Ozoria Martinez, and Gricel Aracelis Soler Pimentel, for whom the judge decided to annul the accusations against them.
In the case of defendants Soraida Abreu Martinez and Bienvenido Apolinar Breton Medina, this sentence should be appealed by means of an rcourse before the Supreme Court. In the same manner as the prior case, the appeal is to be deposited at the Secretariat of the Supreme Court, and should be heard by the Penal Chamber of that tribunal.
Simon Polanco also feels that this sentence can be attacked before the Constitutional Tribunal, demanding its annulment because, he says, Judge Moscoso Segarra violated the deadline for presenting the decision by exceeding more than a month. The magistrate reserved the decision last 26 February and revealed the decision last 27 March.
The Attorney General of the Republic has five working days to appeal, which will end on Tuesday of this coming week.
Tania Molina
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