The regime’s Police usurped functions that correspond to judges by issuing a precautionary measure of “house arrest” against Monsignor Rolando Alvarez, pointed out the expert in administration of justice Yader Morazán. The bishop would be under “kidnapping”, according to the law, because the “prison house” is only imposed by a judge in court.
“That is to say, this time they did not bother to apply the “procedures” that Daniel Ortega invented to keep an opponent in “detention” for up to 90 days without formalizing charges against him, nor did they force judges to work outside of working hours. and labor centers such as “El Chipote”, ”said the lawyer.
He clarified that the police hold it is done only for acts of investigation and does not last more than three hours; the detentionin police stations and by red-handed crime or the order of a judge; the house arrest it is imposed by a hearing judge and the siegedoes not limit freedom. Therefore, the situation responds to the figure of kidnapping.
Article 163 of the Penal Code (CP) establishes that commits kidnapping whoever “abducts, retains or hides a person against his will”, which will incur in prison from three to six years and from 100 to 300 days fine.
“If the perpetrator of this crime releases the hostage within the first 48 hours of his deprivation of liberty, he will be sentenced to prison from one to three years.”
Morazán explained that the Police have the responsibility to investigate acts that could constitute a crime, but not to determine criminal responsibilities that are exclusive to the Judiciary or to replace the Public Ministry to inform, «self-incriminating as they admit in their statement» against Monsignor Álvarez.
«These shameful admissions only show how the collusion works between those who legislate, investigate, accuse and judge (in the regime of Daniel Ortega and Rosario Murillo); In addition to making it clear that they are surrounded by incompetent officials who do not even care about giving their actions the appearance of legality, “added the lawyer.
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What is a crime, he added, is limiting rights to religious freedom called “disruption of religious or ceremonial acts”, established in article 190 of the CP. It is also a crime to limit the right to wander, which constitutes “aggravated kidnapping”, established in articles 163 and 165, subsection b.
Article 165 of the Criminal Code on aggravating circumstances establishes that, if the crime is committed by an authority, official or public employee taking advantage of the exercise of his position, the penalties indicated for extortive kidnapping will be 10 to 12 years in prison.
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This is “the materialization of whims that do not enjoy even the appearance of legality. Crime in Nicaragua is the apology for crime and criminals, and provocation, conspiracy, induction and proposition, but to commit specific crimes, “said the expert.
