The deputy and president of the Special Monitoring Commission, Jorge Arreaza, detailed the legal procedure to opt for the benefits of the Amnesty Law for Democratic Coexistence.
The procedure is based on article 463 of the Organic Code of Criminal Procedure and guarantees a judicial response within a maximum period of 15 continuous days.
In this sense, the parliamentarian referred to a flowchart published on his Instagram channel that explains the procedure and steps established by the Amnesty Law for Democratic Coexistence to request the benefit, as specified below:
1.Submission of the application
The interested party must submit their request to the court handling the case, specifically in the Document Reception and Distribution Unit (Urdd). According to article 7 of the recently enacted law, people who are outside the country can carry out this step through a legal representative. The Public Ministry and the technical defense are also entitled to request the benefit.
2. Court evaluation
Once the request is received, the judge examines the file to identify the phase of the criminal process: control, trial or execution. The authority must verify that the alleged acts coincide with the 13 cases of political violence established in article 8 of the regulations.
3. Judicial decision and effects
If the request is appropriate, the court will order the dismissal of the case with special attention to those deprived of liberty. This measure implies the immediate extinction of the criminal action or the sentence imposed. In specific cases, the Court of Appeals will be activated to issue a replacement sentence.
4. Appeal against inadmissibility
If the judge declares the request inadmissible, he must do so for well-founded legal reasons. Given this refusal, the citizen maintains his right to appeal the decision to higher authorities. This entire cycle, from reception to final ruling, must be completed within two weeks.
Consultation channels
The Special Commission enabled the email [email protected] to answer questions and process complementary information.
Arreaza emphasized that the justice system remains on permanent guard to expedite these files and consolidate social peace.
