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Bill of Anticorruption Law would benefit Jorge Glas, according to César Montúfar; Commission defends itself
Posted On 11 Sep 2018
Ecuadornews:
As a matter of concern, César Montúfar, who was the accuser of former Vice President Jorge Glas in the Odebrecht case, described the bill as Anti-Corruption, which was approved with 107 affirmative votes in the second debate on August 14.
The project, among the reforms, provides in literal F, of article 1, to replace article 370 of the Organic Comprehensive Penal Code on the crime of illicit association.
This would be the case if approved by the Executive:
“When two or more persons are associated with the purpose of planning the commission of crimes sanctions with deprivation of liberty and freedom of less than five years, whose materiality is manifested through acts evidencing the claim of their execution, and not constitute attempt , will be sanctioned with imprisonment of three to five years. If it has been consummated, the penalty corresponding to the respective crime will be applied. “
For Montúfar, if the substitution of that article materialized, it would be opening the possibility of Jorge Glas being released. “With the approval or the substitution of the criminal type of illicit association, the door is being opened, so that once the cassation stage in which the trial of Jorge Glas and others is over, the lawyers can argue, based on the principle of favorability, the sentence would be extinguished and he could leave immediately in freedom, that would be a mockery to the Ecuadorian people, “he explains.
Before this argument, Montúfar mentioned, during an interview in Ecuavisa, that he will send a letter to President Lenin Moreno telling him that “in the name of ethics”, go ahead with the project and fight against impunity in the Odebrecht case.
“What is sought is to change the criminal type, the sentence is extinguished and can go free. The assembly members owe an explanation to the country, “he said and asked” How could a reform to such an important article be approved? “
Montúfar said that if the president does not veto the bill, “in reality a monumental act favorable to impunity could be consummated in Ecuador.”
The Commission of Justice, through its Twitter account, responded to the statements of César Montúfar and clarified that this project in the figure of illicit association does not seek impunity, nor does it change the penalties, rather it requires typing.
The communiqué signed by Marcela Aguiñaga, president of the commission, said that Montúfar is misinforming and refused to politicize the project. “We indicate that part of the proposal of the former public defender, Ernesto Pazmiño, was accepted, which was presented in 2016, therefore, it is illogical that a text submitted 2 years ago has been delivered with the intention of favoring a sentenced person in 2018, “he said.
Sobre las declaraciones del Sr. César Montúfar, respecto del Proyecto #LuchaContraCorrupción , aclaramos lo siguiente:@marcelaguinaga @FrankSamaniegoM @henrycucalon @LourdesCuestaO @ElioPk18 @lftorrest @kharlachavez @liradelapaz pic.twitter.com/3TsFHvXckJ
— Comisión de Justicia (@JusticiaAN) 10 de septiembre de 2018
Henry Cucalón (PSC), a member of the Bureau of Justice, clarified that Montúfar, who was Glas’s private accuser, is “deeply mistaken” because the sentence has not been modified, and trying to mix that issue with the case is inappropriate and incorrect. ; therefore, “the Commission and the Assembly have done the right thing”.
He clarified that the reform requires the classification of what is the illicit association so that it is not confused with any type of association; therefore, the criminal type and penalty are maintained. It is an autonomous crime.
Eliseo Azuero (BIN) said that it is necessary to “assume the errors” and affirmed that he voted in favor because he believed that the report was well analyzed. Now he says that the executive must ask the partial veto.
Details
On August 14, 2018, the draft Law on Combating Corruption with 107 votes was approved in the second and final debate. Six laws are reformed, for which the Justice Commission collected 16 proposals presented by legislators and public institutions. The document is in the Executive for veto or sanction. (I)
