The lawyer of the former director of the National Land Traffic Institute (Intrant), Hugo Berasreported that her client was refused to show her the minutes of trespasswhich he described as an “abusive and unnecessary” action by the Public Ministry.
According to the Constitution and the Code Criminal Procedure, law 76-02, everyone linked to an illegal act has the right to be assisted by their advocate of election “from the first act of procedure” that is initiated against him.
The presence of lawyer It is so that this legal professional can verify that the due process or the legality of the action established by the Constitution and the code are applied correctly, explained Free Diary the expert in criminal law, Carlos Salcedo.
Salcedo points out that the Magna Carta and Law 76-02 are very clear in their precepts, stating that the Public Ministry and police must “give the opportunity to the accused inform him what it is about, why he is being investigated, present him in any case the order of trespassthe arrest warrant and him (the accused) you have the right to call your lawyer and the lawyer also have the necessary access to be able to verify the proper processthe legality of the action”.
Laura Acostarepresentative of Beras and who arrived at the time of trespass to the home of her client and said that they did not let her be present, she warned that “they can put anything in that minutes and they have no value because the records of searches must be drawn up and signed by the person who is at the scene of the raid. trespass or say that (it) does not want to sign.
He complained that he told the representatives of the Public Ministry that he wanted to see the document which must be authorized by the judge about him record and that they had to give her a copy now Hugo Beras“and they refused.”
The prosecution body attributes to Hugo Beras being the co-author and main facilitator of an alleged corruption in the management of the grid traffic light and the system video surveillance from the city, who managed the company Transcore Latam SRL after a tender in the management of the former official.
What establishes the Constitution and the law 76-02
To the provisions of the Constitution and the law 76-02 on the assistance of the lawyer to the accused are established in numeral 4, of article 40 of the Magna Carta, and 4 and 5 of article 95 of the Code Criminal Procedure.
“Every person detained You have the right to immediately communicate with your family members, lawyer or person they trust, who have the right to be informed of the place where the person is located detained and the reasons for the detention“sets the call”law of laws”.
On this matter, article 95 of the law 76-02, in its numerals 4 and 5 prescribes that everything accused You have the right to “immediately communicate with a person of your choice and with your lawyer to notify them of his arrest and to provide him with reasonable means to exercise this right.
This prerogative begins “from the first act of the procedure for a advocate of his choice” and if the defendant does not have the resources to pay a advocate private, the State must provide one, paragraph 5 of article 95 of the Code Procedural.
If procedures were not completed, evidence are not valid
According to Carlos Salcedo, the lawyer has the power to challenge evidence obtained in a trespass or detention that have not complied with the due procedure process. If it is proven that the rights of the accused In collecting this evidence, the lawyer you can request to judge that excludes them from process penal.
He lawyer “You can ask for the exclusion of any evidence that has been obtained in violation of due processthey cannot allege that the parties can provide any type of evidence because it is about freedom of proof and criminal matters because due process It is the counterweight, precisely, to the non-compliance that the Public Prosecutor’s Office or the justice system may make in the event of any procedure of this nature,” the lawyer explained.
Robinson Reyesother lawyer criminal lawyer, explains that, in accordance with the provisions of article 182 of the Code Criminal Procedure, the trespass must be ordered by a judge and this record must precisely indicate the home that is going to be searched, “you cannot search the one next door, and, in addition, you must say what you are going to search in the house, that is a penalty nullity“.
He also mentioned article 183 of the aforementioned law which specifies that it must be notified to whoever is in the home and if the owner of the home it is reported to an employee. Once practiced, a minutes of all the documents and of all the possible evidence that was collected and recorded in that minutes asking the person who witnessed it to sign it. If the latter refuses, because it cannot be forced, that must also be recorded.
He stressed that the order of trespass You must be very clear about what you are looking for because many times it is put, “in a malicious way, anything related to the investigation“.
