Filanbanco Isaías brothers allege that embezzlement does not exist in current Penal Code

The defense of William and Roberto Isaias brothers, former owners of Filanbanco; and John Franco Porras, its Former Manager, presented to the Criminal Chamber of the National Court of Justice a file request for the proceedings against them, arguing that the crime for which they were sentenced to eight years in prison has ceased to existin the current Penal Code.

In the writing is reiterated the thesis of former bankers regarding the figure of embezzlement of public funds for which they were sentenced, which did not appear in the Ecuadorian legislation at the time when the offense supposedly occurred (December 1998) or when judges issued their ruling (March 2014) .The embezzlement refers to diversion of resources for a different purpose from the original.

However, the disappearance of that offense would have been confirmed with the validity of the new Criminal Integral Organic Code (COIP for its Spanish acronym), in which it is not mentioned.