2023-12-30 18:17:06
Lawyer Carmelo Caballero spoke about the ruling of the Constitutional Chamber of the Supreme Court of Justice that decided to annul the ruling of the Court of Appeals, which at the time ordered a new oral trial against him in the case of influence peddling, known such as leaked audios from the Jury for the Prosecution of Magistrates (JEM). Caballero had been sentenced for this cause by majority votes to a custodial sentence of 1 year and 8 months.
“I appealed to that resolution so that the Court of Appeals would revoke it and also be acquitted for the fact of influence peddling. The Public Ministry did not appeal the ruling of the Court of Sentencing, so what the Court of Appeals, made up of Gustavo Auadre, José Agustín Fernández and Arnulfo Arias, by annulling the ruling of the original Court, produced a detrimental reform, that is, “He ordered to completely annul the first instance trial and order a new trial,” he explained in an interview for La Nación/Nación Media.
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The lawyer commented that the Sentencing Court violated the National Constitution, and “that is what the Court declared at this time.” With this new ruling, the case will go to another Court of Appeals, where Caballero will request the revocation of the sentence of 1 year and 8 months of imprisonment.
“With this, what now has to be done is: it goes to another Court of Appeals, no longer to this one; which will have to study my appeal where what I ask is to revoke the conviction for influence peddling, the sentence of 1 year 8 months. I am now going to request my acquittal from the Court of Appeals for the punishable act of influence peddling because it is a conduct not classified in the law of the public official, due to the lack of typicality of the act,” he stated.
The lawyer maintains that an individual cannot commit influence peddling in the Republic of Paraguay, according to Paraguayan legislation, and it is governed only by public officials. He added that in this case there is already a precedent, citing that Judge Arnulfo Arias had issued a more recent ruling that was applied to Farid González Ledesma, husband of Judge Nancy Salomón.
“It is a history, it is a behavior that is not typical. In February he returns to the Court of Appeals and the Court of Appeals, in the case of accepting my appeal I must also be acquitted of the only fact that I was convicted of, which was influence peddling,” he pointed out.
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