Supreme Court fixes trial date for Democracia Viva case in Antofagasta
The Second Chamber of the Supreme Court ruled that the Antofagasta Guarantees Court is the competent tribunal for the Democracia Viva case. Seven accused persons will face trial in proceedings for fraud against the Tax Authority and money laundering.
Supreme Court confirms Antofagasta's jurisdiction to try the Agreements case
The Second Chamber of the Supreme Court has definitively resolved the jurisdictional dispute that arose in the so-called "Democracia Viva" case, according to adprensa.cl. The country's highest court determined that the Antofagasta Guarantees Court is the legally competent tribunal to continue hearing the investigation into alleged fraud against the Tax Authority and money laundering, which encompasses the Democracia Viva, Fibra, Tomarte and Fusupo strands of the Agreements Case.
The jurisdictional conflict originated when the Antofagasta Court of Appeals accepted a request from the defence of three accused persons to transfer the case to the Eighth Guarantees Court of Santiago. That tribunal subsequently declared itself incompetent, however, creating a legal discrepancy that had to be resolved by the Supreme Court.
To settle the dispute, the Second Chamber based its ruling on articles 157 and 159 of the Organic Code of Courts. Those provisions establish that when multiple strands are investigated jointly, jurisdiction belongs to the court in the jurisdiction where the first act with criminal capacity took place.
The ruling specifies that this first execution act occurred on 1 July 2022 in Antofagasta, the date on which the agreement for transfer of funds from the Regional Housing Ministry of Antofagasta to the Fusupo foundation was signed. As that action was the milestone that put the public treasury and public function at risk, the Court permanently assigned the case to that city.
With this ruling, the Democracia Viva case will continue its proceedings in Antofagasta, as the Public Prosecutor's Office had maintained. The seven persons accused of fraud against the Tax Authority will be able to advance to trial proceedings, and two of them also face charges for money laundering.
Source: Google News CL — Santiago