The cassation is not a “third instance, but an extraordinary appeal that the aggrieved person can file for a sentence that is enforceable.”
That was the response of Daniella Camacho, president of the Specialized Criminal Chamber of the National Court of Justice (CNJ), to a query made by Paulina Aguirre, president of the CNJ , who asked the judge about the 2012 Bribery case- 2016.
President Aguirre posed that question to Camacho, because the National Electoral Council (CNE) has an agreement with the Council of the Judiciary (CJ) through which an updated list of people with a final conviction for crimes must be kept. in force in the Comprehensive Organic Criminal Code (COIP).
Along these lines, on August 18, the Judiciary issued a letter to Aguirre by the National Directorate of Legal Advice of the CNE. In the document, a list of 19 legal proceedings against 13 citizens was requested.
Among these causes is the Bribery case, in which a sentence was reached in the first and second instance for the crime of aggravated passive bribery. In this case, former President Rafael Correa and Vice President Jorge Glas, among other officials of that regime , were sentenced .
The answer presented by Judge Camacho, would represent that the sentence in the Bribery case is enforceable.
In other words, former President Correa, sentenced to eight years in prison as a mediator , “could not register his candidacy for Vice President of the Republic,” as announced last Tuesday through a teleconference from Belgium, the lawyer said. Sergio Cadena.
However, in the letter issued, Camacho warned that the appeals filed by the defendants are in process. “The appeal ends the trial . The cassation appeal is not a third instance, but an extraordinary appeal (…) Therefore, it is not mandatory in our legislation, as it constitutes a different autonomous action, ”Camacho warned.
However, in a new document with a digital signature, dated August 19, Camacho gave a clarification. “As regards the requirement that whether or not the sentence handed down in said case is enforceable, it must be made to the judge who has jurisdiction and competence in it.”
Through his Twitter account, Fausto Jarrín , lawyer for former President Correa, responded about the circulation of these documents. He indicated that the official letter does not indicate that the sentence is enforceable. And he assured that there is an intention to deceive the CNE.
Speaking to Ecuavisa, Alfonso Zambrano Pasquel, another of Correa’s lawyers, pointed out that Judge Camacho’s statement is a mistake, since the cassation appeal is ongoing, so there cannot be an enforceable sentence.
“It is a mistake by Dr. Camacho. To say that a sentence is enforceable… if there is an enforceable conviction, before September 17, before that date, (Correa) could not be a candidate, ”she said.
Article 624 of the COIP states that the sentence will be served “once the sentence is executed.” (I)