Criminal Court of the CNJ sentenced Capaya to 10 years in prison for illicit enrichment

Ecuadornews:

A Criminal Court of the National Court of Justice (CNJ) sentenced Carlos P. Y., former Minister of Hydrocarbons, to 10 years in prison, for the corruption case of Petroecuador, in the context of the trial hearing for the alleged crime of illicit enrichment.

The accusation was sustained by the State Attorney General (e) Paúl Pérez Reina. In the period from February 2014 to May 2016, the ex-manager of Petroecuador, Carlos P. Y. (Capaya), registered an unjustified increase in his patrimony in the amount of $ 1’236.849,13. At the hearing, which began with about an hour and a half late and in which Perez was released in litigation as attorney general, eight days after taking office, the basis of the accusation was the Comptroller’s report General of the State, in which indications of criminal responsibility are established after having made an analysis of five affidavits of Capaya.

According to the Office of the Attorney General, the unjustified resources are: the donation of a good to their children, valued at $ 371,597; an investment in the Banco del Pacífico for around $ 100,000; the $ 164,277 that he held in the Capital Bank of Panama in the name of the Capaya company; and the rest in investments in the Banco Bolivariano.

In its capacity as private accuser, the State Attorney General’s Office, represented by attorney Magaly Ruiz, ratified the accusation and coincided with the Prosecutor’s position. Miguel Revelo, Capaya’s defense lawyer, who was present at the hearing, said that during the hearing he would demonstrate that there is no increase in the patrimonial value of his client.

Anticipated that much of the money that is spoken, is the product of the income of the wife of Carlos PY, that the $ 100 thousand from Banco de Pacífico is for a loan that his client made to the bank, and that in the account of the Capital Bank, no resources were handled. After listening to the parties, the national criminal court, composed of judges Luis Enríquez (speaker), Miguel Jurado and Marco Rodríguez, gave way to the reception of testimonial, documentary and expert evidence.

Prosecutor Pérez accused Carlos P.Y. of direct perpetrator of the crime of illicit enrichment, and requested the court the maximum penalty of 10 years, a fine of 20 to 40 unified basic salaries, offering public apologies; and the integral reparation to the State for $ 1.2 million.

This hearing is held nine days after the expiration of one year and two months (March 17, 2017) that the then State Attorney General, Galo Chiriboga, presented 23 elements of conviction to support the existence of the alleged crime. Since that date the trial hearing has been suspended for about eight occasions.

On April 17, the last deferral occurred, once the previous Attorney General Carlos Baca requested it because he was summoned by the President of the Republic, Lenin Moreno, to the urgent Security Council of the State, in which the insecurity of the northern border.

In this criminal process, effective collaboration with justice cannot be applied, because it is the only one prosecuted. However, before a possible conviction, it should be taken into account antenuantes, as is the age over 60 years, have voluntarily surrendered to justice, among others.

Capaya has two convictions against him: one for bribery in the received a penalty of 5 years in prison and another for illicit association, with 6 years of deprivation of liberty. The former Minister of Hydrocarbons has 23 legal proceedings against him for different crimes. (I)

Source: https://www.eltelegrafo.com.ec/noticias/judicial/12/audiencia-capaya-juzgamiento