Before his submission to justice, in 2018, he denounced attempts to “deceive” his case and even JUDGES They gave the alert that people approached them to influence them.
The criminal process against Donni Santana Cuevas for which he was sentenced to 20 years in prison for the Sexual violation A girl with whom she has family ties continues to emerge questions, seven years after her persecution by the Public Ministry.
Initially, in 2018, it was denounced that it was tried to “deceive” the Prosecutors’ inquiries For “higher orders”, which forced the journalist María Elena Núñez, to make the warning publicly.
Already finally subjected by the former ambassador “President of the National Border Council (2014-2018), two judges were ratified to learn about the File in court They head against the former official after they were inhibited because people had “approached trying to positively influence them in favor of the defendant.”
The judges were Claribel Nivar Arias and Yissel Soto, ratified by the Presidency of the Criminal Chamber of the National District that rejected the Inhibitions.
Already condemned in all instances judicial, even by the Supreme Court of Justice, just having turned seven years of its sentence was favored last June with the work permit To teach in the National Bar Association School (CARD), entity whose vice president appeared as his guarantor.
The resolution of the sentence execution judge, José Manuel Arias, who grants the work permit and Home prison The ends and days holidays to the former official, was appealed the same month of June by a complainantassisted by lawyers of the National Service of Legal Representation of the Rights of the Victim (Release), of the Attorney General’s Office.
Santana was favored, since June 6, from the 15 Azua prison, where he served the sentence, to Work as a teacher In the card. Weekends and working days will remain in Home prison in a residence of the National District.
“Complicit” withdrawal
Among the principles that, according to the Appeal violated the judge of the execution of the penalty, is that of “orality”, which establishes the Criminal Procedure Code, taking into account an assumption withdrawal of an alleged complaint of the girl’s motheralthough “does not exist” and that the role that the lady has played throughout the process is “Coimputed“, not to defender of the child.
- The name of the woman, Free newspaper omit it for legal reasons.
At first he was accused of hindering investigation against the minor.
“He Unique paper that the aforementioned lady had, she was Coimputed In the process, “clarifies the challenge, stating that magistrate Arias” erred “by assessing it as one of his motivations to favor the former official.
According to the resolution of the magistrate that he valued as a “withdrawal of the complaint” of the woman, he establishes that he said, in a legalized act, not to have “any interest in the case followed by the Lord Donni Mayobanex Santana CuevasIn addition to that he is never interested in attending that process because he never accused Donni Mayobanex Santana Cuevas of the facts for which he was convicted. “
Condemned has no quality to be in the card
The resource with which it seeks to reverse the work permit It also considers that the court made a “erroneous assessment of the evidence, in terms of the quality of the Donni Mayobanex Santana Cuevas convictedto work in the Bar Association as teaching“, since the same law that governs that guild, 03-19, prevents you from belonging or teaching in that institution.
He mentions that the magistrate took into account the status of lawyer of Santana Cuevas, despite the fact that article 9 of the Law 03-19it states that “those who are convicted by sentence with the authority of the thing irrevocably judged by criminal crimes and those who have been suspended in professional practice.”
In his resolution, the Judge of the Execution of San Cristóbal, based in the province of Peravia, said that this “court is aware of the magnitude of the fact (crime of the convicted) and the implications that it entails for society”, but that article 40.16 of the Constitution of the Republic statues that “the sentences private and the security measures will be oriented towards the reeducation and social reinstatement of the person condemned “.
The good behavior of the inmate, he added, “without any attempt to evasion certified, linked to the fact of the position of the part complainantexpressed both in the aforementioned withdrawal ceremon work permit“
