2023-08-03 13:25:34
The Criminal Court of Appeal, Second Chamber, of the Capital confirmed AI No. 474 dated June 2, 2023, by which the case on Abg. Guido Fernández Yegros, accused of having used a false content power of attorney to sell a property located in Mcal. estigarribia.
The defense argued that in said order, “the Criminal Judge of Guarantees resolved, without any valid argument or directly on the basis of illegal arguments, to reject the incidents of annulment of the tax accusation for non-observance of Art. 347 inc. 4 of the CPP and the consequent definitive dismissal, likewise it has also rejected the other incidents of provisional dismissal with the evidence offered; which obviously causes irreparable damage to our client”.
It argues that “the representative of the Public Prosecutor’s Office does not establish the precise expression of the applicable legal precepts, the punishable act individualized with precedence has four paragraphs and the second paragraph has two numerals. For this technical defense, the incorporated elements are insufficient to discuss the case in the next procedural stage, given the doubt that, if the complainant is the same owner and that the property belongs to the Social Welfare Institute.
In its response, the Public Prosecutor’s Office, represented by agent Diana Laterza, maintained that “the appeal is unfounded, this prosecutor’s representation, when requesting the reopening of the case and presenting an indictment on September 21, 2022, complied with all the budgets established in article 347 of the CPP. Regarding the Provisional Dismissal incident, at the appropriate procedural moment, this Representation requested said requirement, with the expectation of incorporating new elements of conviction that allow the continuation of the procedure, which were already included when the Indictment request was filed. Regarding the Judicial Control of the Intermediate Stage, this Public Ministry maintains that the judicial body carried out the proper control, the prosecutor’s accusation complied with the certain requirements that condition its validity. Logically, it is not appropriate at this stage to examine the merits of the claim, which is the power of the Sentencing Court. Regarding the nullity of the appealed Interlocutory Order, this Prosecutor’s Representation is limited to maintaining that the appealed judicial resolution conforms to the law”.
The members of the Chamber conclude that from the full reading of the appeal, there is no foundation in relation to it, nor the legal solution sought and regarding the nullity of the appealed interlocutory order, “it has not exposed what is the real, effective damage and irreparable that would result in the nullity of the judicial resolution, no material legal support is observed”, for which reason it decided to confirm the resolution.
Guido Alfredo Fernández Yegros will face an oral and public trial for the production of inauthentic documents and mediate production of public documents with false content.
According to the indictment, he used a false content power of attorney to sell a property located in Mcal. Estigarribia in 2019, owned by a Venezuelan citizen who was not in the country at the time of the commercial operation.
The lawyer Julio Godoy Ayala is also accused, while the third person involved, the notary public Roberto Alcaraz Bogarín, died.
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