2023-09-27 07:37:19
This September 26, the Public Ministry (MP) revealed the legal situation of Luis Alberto Chacón Alvarado, alias “Wicho Veneno”, who was arrested in January for being part of a criminal organization dedicated to the transfer of drugs and that was found dead on September 24 on a route towards Izabal.
According to the Public Ministry, the investigations that were carried out on the criminal organization ruled that it was dedicated to “drug trafficking, money laundering, hitmen, among other related crimes related to such activity“, in addition to identifying 27 people related to the organization, including Alvarado.
“In relation to Luis Alberto Chacón Alvarado, it is presumed that he participated in said activities of the criminal structure, according to fiscal and police criteria, with a hierarchical rank of main coordinator of one of the criminal cellsan issue that was brought to the attention of the Court,” explains the MP.
The investigation into the criminal gang, in the words of the MP was processed in the Court of First Instance for Criminal, Narcoactivity and Crimes against the Environmentwhile the main judge is Marta Claudette Dominguez Guerrero.
Arrest warrants
On January 6, 2023, the authorities They request from the court an arrest warrant for the 27 people related to the criminal gang for crimes of trade, trafficking and illicit storage; prosecution of impunity or evasion; illicit transactions and investments; illicit association; laundering of money or other assets; illegal possession of military firearms or firearms for the exclusive use of the Guatemalan Army, among other crimes.
As for Chacón, an arrest warrant was also issued. for the crimes of Commerce, trafficking and illicit storage and criminal associations.
Capture
The MP affirms that on January 18, 2023, a “national level” operation began where “Wicho Veneno” and 17 other people were captured.
“The detainees were taken and placed at the disposal of the competent court to resolve their legal situation“explains the MP.
First statement
“The Public Ministry formally requested that an indictment order is issued against Luis Alberto Chacón Alvarado for the crimes of trade, trafficking and illicit storage and criminal associations,” indicates the MP.
The statement explains that, after the request, the judge, on March 10, 2023, issued an indictment order only for the crime of criminal association.
“Likewise, at the time of discussing the coercive measures related to the accused specifically, the Public Ministry requested that a preventive detention order be decreed given the factual-legal circumstances of the case, to which the Judge opted to resolve the opposite, granting an order decreeing a substitute measure in favor of the accused, establishing a house arrest, among others.“the statement continues.
Faulty procedural activity
After the resolution against “Wicho Veneno”, the MP affirms that he presented a defective procedural activity after the decision made by the judge.
“The presentation of the defective procedural activity occurs since, according to fiscal criteria, It suffered from procedural defectsrequesting that the tax petition be resolved either through an indictment for the crime of illicit trade, trafficking and storage against the accused or through a lack of merit, to which the Judge, on May 15 of 2023, decided not to give rise to the tax request,” the statement says.
Acceptance of charges
The MP points out that they were notified about a hearing to accept charges, scheduled for May 16 in favor of “Wicho Veneno”.
“Within it, despite the fiscal opposition and the filing of an amparo action, it decided to issue a sentence of a conviction for the crime of illicit association, imposing a prison sentence of 3 years commutable to 5 quetzales per day and reparation worthy of Q16,620 to two non-profit institutions within a period of 15 days,” the entity reports.
However, the MP assures that, at the hearing, the judge “expressed his opinion by anticipating his position and interest in issuing a sentence of a conviction for the crime of illicit association“.
Recusal
This caused the MP to present a formal request for recusal against Judge Marta Claudette Dominguez Guerrero for “express opinion on the matter that was aired in the aforementioned hearing and consequently, the prosecution doubted the impartiality of its resolutions.”
Protection
The MP presents a constitutional action for protection and carries out a technical-legal argument in relation to the “violation of the principles of petition, legality, imperativeness, due process, criminal action, contestability”.
“The First Chamber of the Court of Appeals of the Criminal Branch for High-Risk Processes and Asset Forfeiture, constituted as the Extraordinary Constitutional Court of Amparo, was designated to hear such request,” says the MP.
Said room considered decreeing, on June 8, 2023, a provisional protection to the MPin addition to leaving the contested resolution suspended because “the case made it advisable.”
Already on August 10, The court resolves and grants the protection requested by the MP.
“The Public Ministry grants you the right to have your requests resolved by the judge and by not doing so limits the exercise of the criminal action that corresponds to the Public Ministry, because the omission to resolve the request made whether or not to bring Mr. Luis Alberto Chacón Alvarado to trial or, where appropriate, to decree a lack of merit, limits the exercise of criminal action.“, so the Court does not share the judge’s criteria,” were the words used by the court, according to the MP.
The room orders to resolve the MP’s tax petition for the crime of illicit trade, trafficking and storage against “Wicho Veneno”, where they schedule a hearing on September 1, 2023 to announce the result of the room, which, in the words of the prosecution “is pending to be carried out”.
“On September 1, the prosecution was informed of the filing of an appeal against the resolution, which was heard on September 19, 2023. This appeal is pending resolution by the Constitutional Court,” concludes the MP.
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