Legal reform Marcelo Quiroga Santa Cruz is considering sanctioning the repression of rights with imprisonment

The Minister of Justice and Institutional Transparency, Iván Lima, confirmed that the reform of Marcelo Quiroga Santa Cruz law punishable by up to six years imprisonment for administrators of justice who suffer procedural and unjustified delays in the judiciary.

The procedural delay “was and still is one of the main deficiencies in the administration of justice,” said the President of the Supreme Court, Olvis Eguez, in the last public accounting of this body of state power in 2020.

“In the 2020 government, a total of two thousand two hundred and ninety-three hearings (2,293) took place at the national level during the decongestion conference with the aim of boosting the criminal trials that have deprived liberty at the national level, holding hearings on precautionary measures, alternative departures and prison benefits” This is what this report says.

“Out of the total, it stands out that eight hundred and ninety (890) abbreviated procedures were performed; alternative solutions to ordinary lawsuits that made it possible to simplify the processes.

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PENALTY ON DELAY

“The policy defined by the President (Luis Arce) is zero tolerance for corruption and that policy had two major axes. Let us not forget that justice is now institutional justice and transparency, it is the full name of our ministry and the policy of transparency begins with not creating impunity and not allowing it in any way, “stressed Minister Lima.

The Anti-Corruption Strengthening Act states in its first article that the purpose is to “strengthen the mechanisms and procedures put in place under Law 004 2010 on the fight against corruption, illicit enrichment and wealth discovery” . Marcelo Quiroga Santa Cruz, “of the Criminal Code and the Code of Criminal Procedure, with the aim of investigating, prosecuting and punishing acts of corruption committed by officials and former officials and former officials in the exercise of their functions”.

It also provides for sanctions for “natural or legal persons and legal representatives of legal persons under public or private law, domestic or foreign, who endanger or impair state resources, as well as to effect the recovery of the affected state assets by the competent judicial organs”.

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With regard to the work of the Rechtspfleger, Article 177 provides for penalties related to delays and procedural delays.

“The judge, judge, public prosecutor, civil servant or civil servant who, in exercising jurisdiction and upon request by the parties and expiry of the statutory deadlines, unjustifiably fulfills the actions corresponding to his function within the procedural deadlines, is deprived of liberty from three (3) to six (6) years and disqualification, ”it says.

Minister Lima previously described the delay in the judiciary as a result of “lazy bureaucracy” affecting litigants and defendants. He said standards such as the Judicial Interoperability Act will make it possible to correct the deleterious effects of the accumulation of procedural burdens.

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