The Antofagasta Court of Appeals accepted this Wednesday the active extradition request of the former mayor Karen Red, who was sentenced to five years and one day in prison for the crime of treasury fraud. Rojo fled the country on March 23, the same day the Supreme Court upheld the sentence.
In a unanimous ruling, the First Chamber of the Court of Appeals – made up of the ministers Dinko Franulic Cetinic, Ingrid Castillo Fuenzalida and the lawyer Jorge Leon Rojas– approved the provisions of the Antofagasta Guarantee Court and agreed to request the extradition of the convicted person, who is currently in the Netherlands.
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For the appellate court, in kind, “(…) it must be borne in mind that the requirements of articles 431, 432 and 436 of the Code of Criminal Procedure are met, since the convicted Karen Paulina Rojo Venegas has been sanctioned as the author of the crime of fraud to the Treasury to the penalty of five years and one day in prison in its minimum degree, without any alternative penalty being granted”.
The resolution adds that: “(…) on the other hand, it is also appropriate to consider as a normative basis that makes the request for active extradition admissible, the provisions of articles 17, 44 and other pertinent articles of the United Nations Convention against the corruption, an international norm that was signed by both the Republic of Chile and the Kingdom of the Netherlands, both being member states”.
“(…) finally, prior detention is appropriate in accordance with article 434 of the Code of Criminal Procedure, given the condition of the convicted person and the length of the sentence that must be served effectively, having antecedents, derived from the behavior itself elusive of her, of a considerable risk of flight, all with the purpose of making the extradition successful and achieving the correct execution of the sentence, ”he adds.
