The Court of Appeals for the Judicial District of Santiago revoked the sentence issued by Judge Yiberty Polanco Herrán, of the Judicial Office of the Permanent Attention Services, in which she condemned and declared the head of the local prosecutor’s office, Osvaldo Bonilla Hiraldo, as a reckless litigant.
By means of Criminal Resolution number 359-2023 SRES-000042, the Court ratifies the regularity of the appeal, and declares that the appealed decision constitutes a “violation of the law due to non-observance or erroneous application of a legal norm, error in the determination of the facts and in the assessment of the evidence in accordance with article 417, 4.5 of the Criminal Procedure Code”.
The aforementioned resolution annuls in all its parts the decision of Polanco Herrán, issued on November 22, 2022 in the midst of the development of a preliminary hearing in the Falcón case, the inter-agency operation through which the Public Ministry dismantled and annulled the activities of one of the most powerful drug trafficking, money laundering and front man networks of the last decade.
The Court decided on the admitted aspect, based on factual verifications, and found Bonilla Hiraldo not guilty of violating the provisions of article 134 of the Criminal Procedure Code that refers to the figure of reckless litigation.
Before the Court of Appeal, they were for the Public Ministry, the court attorney Juan Carlos Bircam and the attorney fiscal deputy Quirsa Abreu.
