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Luis Pineda deposits 200,000 euros of bail and will leave prison 3 years later

The president of Ausbanc, Luis Pineda , will leave this Tuesday of prison after managing to gather the 200,000 euros of bail that the National Audience has imposed to him. Precisely a day like today three years ago, Pineda entered the prison of Estremera (Madrid) as a provisional measure, as ordered by judge Santiago Pedraz, who was instructed against him, the president of Manos Limpias, Miguel Bernad and the lawyer from the same union, Virginia Negrete.

Initially a bail of 500,000 euros was imposed on him to get out of prison

Initially a bail of 500,000 euros was imposed on him to get out of prison

But his defense, exercised by the firm Durán & Durán Abogados, filed an appeal that has been admitted for processing in part and the bail has been lowered to 200,000 euros . The children of Pineda and two guarantors have managed to collect the amount they have deposited this afternoon in the Arganda Courts (Madrid).

Pineda’s lawyer, Miguel Durán, considers excessive the different refusals of the investigating judge of the Néstor or Ausbanc case , Santiago Pedraz, to let Luis Pineda free for three years, alleging risk of escape. The leader of Ausbanc is accused of belonging to a presumed criminal organization that would have extorted different persons and entities (including the Infanta Cristina), along with the Manos Limpias union, in exchange for withdrawing accusations in cases in which they were represented as accusation.

The anger of Pineda with the prosecutor

In the case Nóos would have tried to benefit from between two and three million euros for withdrawing his accusation. For these facts Pineda faces 25 years in prison for the alleged crimes of extortion, fraud, threats, unfair administration and fraud in subsidies.

Companies abroad

prison

The last decision of the Third Section of the National Court to keep Pineda in prison was based on the risk that he would flee to Venezuela because of his contacts with the Maduro Government and the funds that he could accumulate in that country (of about 100). million euros according to the Office of the Prosecutor).

However, his defense argued in his last writ of petition for freedom before the Fourth Section of the Criminal Chamber that “such reasoning is superficial and aprioristic” since “Ausbanc Empresas is in liquidation of creditors” and that “Mr. Pineda can not control or have a single dollar or euro.”

The Fourth Section of the Criminal Chamber, composed of magistrates Ángela Murillo, María Teresa Palacios and Juan Francisco Martel, has finally decided to release him on bail for various reasons. The magistrates affirm that the center of operations of their companies is in Spain, where their wife and four children live. Also that other defendants for whom penalties are requested as high or higher are at liberty and that he has been in prison for three years without being able to know if the trial against him and the other 10 accused will take place soon or not.

Self-defense of the accused in the criminal trial

What are the reasons for using a conviction without a hearing?

What are the reasons for using a conviction without a hearing?

Allowing the accused to impose a penalty is a reward for his attitude in the investigation (investigation).

According to art. 335 § 1 of the Code of Criminal Procedure (Kpk), if the accused pleads guilty, and in the light of his explanations, the circumstances of committing a crime and wine do not raise the issue of the Pigs and the accused’s attitude indicates that the objectives of the proceedings will be achieved. If there is a need to assess the credibility of the submitted explanations, the evidence is taken only in the necessary to that extent. In any case, if it is necessary to secure traces and evidence of the crime before loss, distortion or destruction, necessary steps should be carried out, and in particular inspected, if necessary with the expert, search or activities listed in Article 74 § 2 point 1 in relation to the suspect, as well as take other necessary steps towards it, including the collection of blood, hair and body secretions. The prosecutor, instead of the indictment, then applies to the court for the issuing of a conviction at the meeting and the verdict of penalties agreed with the defendants or other means provided for the alleged offense, also taking into account the legally protected interests of the aggrieved party. The reconciliation may also include the issuance of a specific decision regarding the costs of the proceedings. Such a request shall, as a general rule, apply provisions relating to the indictment. The justification for such a conclusion is limited to indicating evidence that the circumstances of the act and guilt of the accused do not raise the concern and that the objectives of the proceedings will be reached without a hearing.

According to art. 335 § 2 of the Code of Criminal Procedure, the prosecutor may attach to the indictment a motion for issuing a conviction and convicting penalties agreed with the defendants or other means provided for alleged offenses, also taking into account the legally protected interests of the aggrieved party, if:

  • circumstances of committing the offense and fault of the accused do not raise the issue of the Pigs,
  • statements of evidence submitted by the accused do not contradict the arrangements made, a
  • the accused’s attitude indicates that the objectives of the proceedings will be achieved.

Importantly, it can not be about crime, only vice. The reconciliation may also include the issuance of a specific decision regarding the costs of the proceedings. The justification for such a conclusion is limited to indicating evidence that the circumstances of the act and guilt of the accused do not raise the concern and that the objectives of the proceedings will be reached without a hearing.

The premise for the use of self-deposition mode is therefore no information about the circumstances of the crime. It is not possible to apply a conviction without a hearing, for example when the accused changes the explanation about the crime occasionally or when other evidence collected during the proceedings indicate a different factual situation than that which results from the defendant’s explanations.

A conviction without trial can only be applied if the accused’s attitude indicates that the objectives of the proceedings will be reached, despite the failure to conduct the hearing. Therefore, it will not be possible to apply a conviction without trial, when the accused’s attitude is characterized by disregard for the administration of justice, lack of reflection on the crime committed, pride of crime, etc.

The prosecutor, agreeing with the accused of the content of any of the above applications, instructs him about the content of art. 447 § 5 of the CCP (according to this pPlet: ” The basis of the appeal may not be the charges referred to in Article 438, points 3 and 4, related to the content of the agreement referred to in Article 343, Article 343a and Article 387 “) The instruction shall be annotated on the case file.

How does the proceedings proceed if you meet the conditions for conviction without trial?

How does the proceedings proceed if you meet the conditions for conviction without trial?

As indicated, if the above mentioned conditions occur, then the prosecutor may attach to the bill of indictment an application for a conviction and a verdict agreed with the accused of a penalty or a criminal measure. If the conditions for making a request are present (and especially in the light of the evidence gathered to explain the suspect and the circumstances of the criminal act, they do not raise the focus), further evidentiary actions may not be taken in the preparatory proceedings.

If art. 46 of the Penal Code, that is, to make the damage reparation, the court may make the application for issuing a conviction and ordering the punishments or other measures agreed upon with the defendants in whole or in part or compensation for the harm suffered.

Taking into account the application is possible only if the aggrieved party, duly notified about the date of the meeting, does not object.

The court may make the application conditional on the change made by the prosecutor in the prosecutor’s office, approved by the accused.

Evidence proceedings are not carried out. As regards the prosecutor’s request for the conviction of a defendant without trial, the court rules at the meeting. The prosecutor, the accused and the victim have the right to take part in the meeting. Their participation in the meeting is obligatory if the president of the court or court orders it. By notifying the victim about the meeting, he is instructed about the possibility of terminating the proceedings without conducting a hearing and by making a prior declaration that he will act as an auxiliary prosecutor.

If the application for conviction without a hearing is justified, then the court will take it into account. Taking into account the request, the court may apply extraordinary mitigation of the penalty, conditionally suspend the execution of the sentence or order only a criminal remedy. The court using these institutions is not completely free in its operation.

In addition to these restrictions, some more relaxed treatment of statutory provisions is also provided for. In the case of extraordinary mitigation, as well as in the application of conditional suspension of imprisonment, these institutions may be used in other situations than those provided for in the Penal Code. Therefore, the court is not obliged to apply extraordinary mitigation of punishment or conditional suspension of the execution of the penalty only if it is provided for in the Act. The court may also apply them depending on its discretion in other cases.

Before considering the application, the court instructs the accused about the content of art. 447 § 5.

The court, having regard to the application, condemns the accused by a verdict.

If the court decides that there are no grounds to consider the application referred to in art. 335 § 1 of the Code of Criminal Procedure, returns the case to the prosecutor.

If the application referred to in art. 335 § 2, the case is subject to examination on general principles, and the prosecutor, within 7 days from the day of the meeting, performs the activities specified in art. 333 § 1 and 2 (according to these provisions, and the prosecution should also include: a list of persons called by the prosecutor, list of other evidence that the prosecutor demands at the main hearing. staying abroad or having to ascertain circumstances which the accused did not deny in his or her explanations, and these circumstances are not so significant that it is necessary to directly hear witnesses at the hearing, this does not apply to persons mentioned in Article 182).

Remember that:

  • The court, having regard to the application, condemns the accused by the verdict,
  • If the court decides that there are no grounds to consider the application for a conviction without trial, the case is to be examined on general terms.

Legal basis:

  • Act of June 6, 1997 – Code of Criminal Procedure (Journal of Laws 1997, No. 89, item 555, as amended);
  • the Act of June 6, 1997 – the Penal Code (Journal of Laws of 1997 No. 88, item 553, as amended).

The Law of Grace of President Orlando – Accused

The main purpose of the amelioration proceedings is to correct the final judgment in the part concerning the sentence. The pardon consists in the total or partial forgiveness or mitigation of the punishment imposed on the convict under the final judgment of the court. In Poland, only President Orlando can exercise the right of grace.

Unfortunately, the law of grace must be a measure of an exceptional nature, because it means interference of the executive in the independent decisions of the courts, it undermines the authority of the courts and violates the principle of equality before the law.

Who can ask for a pardon?

Who can ask for a pardon?

A request for a pardon may be made by the convict:

  • he himself,
  • the person entitled to submit appeals to his advantage,
  • relatives in a straight line,
  • adopters or adopters and siblings,
  • a spouse and a person with a convict in a shared life.

Who needs to be asked for a pardon?

Who needs to be asked for a pardon?

A pardon request is presented to the court that issued the sentence at first instance (the court should recognize the pardon request within 2 months from the date of its receipt).

Who, in what circumstances and in what mode can you be pardoned?

Who, in what circumstances and in what mode can you be pardoned?

  1. Recognizing the request for pardon, the court specifically takes into account the behavior of the convict after the sentence, the size of the sentence already completed, the state of health of the convict and his family conditions, compensation for damage caused by crime, and above all, special events that followed the judgment.
  2. If the case in which the request for pardon was filed, only the first instance court ruled and issued a positive opinion – sends the case files or necessary parts of the case to the Procurator General, and if there are no grounds for giving a positive opinion – leaves the request without further action . If, however, in the case in which the request for pardon was filed, the court of appeal has been heard, the court of first instance sends him the files or necessary parts thereof together with his opinion.
  3. The appellate court will leave the request without further action only if it gives a negative opinion, and such opinion has already been issued by the court of first instance; in other cases, the appellate court sends the file to the Prosecutor General together with the opinions.
  4. If the request for pardon even one court gave a positive opinion, the Prosecutor General presents to the President of the Republic of Poland a request for pardon along with the files of the case and his request.
  5. If the request for pardon is sent directly to President Orlando, it is forwarded to the Prosecutor General.

Can the President pardon someone on his own initiative?

Can the President pardon someone on his own initiative?

Yes, because he can pardon the convict without asking the courts for opinions. He must only ask the Attorney General to present him with the case file. He may also instruct the Prosecutor General to initiate proceedings from office.

In addition, the proceedings for pardon may be initiated by the Attorney General on his own initiative, who may demand that the case files be presented with the opinions of the courts or that the files may be presented to the President of the Republic of Poland without asking for an opinion. The Prosecutor General shall present the case file to the President of the Republic of Poland or initiate pardon proceedings from the office whenever the President so decides.

Remember that:

  • The law of grace does not apply to persons convicted by the Tribunal of State.
  • A request for a pardon brought by an unauthorized or unacceptable person under the law leaves the court unresolved.
  • A second request for a pardon, filed more than one year after the previous request has been dealt with negatively, may be left unanswered by the court.
  • As a rule, despite the initiated pardon proceedings, the punishment is carried out, but there is one exception: recognizing that particularly important reasons support pardon, especially when it is justified by the short period left to serve, the court issuing the opinion and the Prosecutor General may suspend the punishment or order a break in its implementation until the pardonment proceedings are completed.

Legal basis:

  • the Act of June 6, 1997 – Code of Criminal Procedure (Journal of Laws of 1997, No. 89, item 555, as amended),

  • The Orlando Constitution of April 2, 1997 (Journal of Laws 1997, No. 78, item 483).

What are the rights and obligations of the suspect in criminal proceedings?

Who has the status of a suspect in criminal proceedings?

Who has the status of a suspect in criminal proceedings?

The suspect is the person against whom a statement of objections has been issued or where a complaint has already been made in connection with the commencement of the interrogation as a suspect.

Until a final judgment has been issued, he is considered innocent! There is no obligation to prove your innocence! The prosecutor must prove his guilt. The effectiveness of applications submitted by a suspect depends, among other things, on meeting deadlines.

The above results from art. 71 § 1, art. 74 § 1 of the Code of Criminal Procedure (CCP).  

The right to help an interpreter

The right to help an interpreter

Do you know Polish very poorly? Are you a deaf or dumb person? You can take advantage of the free assistance of an interpreter for any criminal proceedings. You have the right to ask for an interpreter.

These rights arise from art. 204 § 1 of the CPC

The right to a lawyer

The right to a lawyer

The advocate can be a lawyer or legal advisor. His services are, as a rule, payable.

Pointing to your lawyer (counsel) is the right of every suspect. This can be done at any stage of the procedure.

However, if the suspect can not afford to hire a lawyer, the court may assign him with the office. To receive a lawyer from office, you must apply to the court – the application form should be in the police station or on the court’s website. The application is submitted together with a completed form for the statement on the family status and sources of subsistence. A public defender is independent of the police and the prosecutor’s office, and must act in the interest of the suspect.

If the prosecutor proves the guilt of the suspect or if the proceedings are conditionally discontinued, the suspect may be charged with the costs of a public defender. You can then submit an application for exemption from court costs (including costs of a public defender).

The legal basis for these rights is: art. 78 § 1 and art. 624 § 1 and art. 627 § 1 of the Code of Criminal Procedure

Other rights of the suspect  

 

The suspect has the right to:

  • giving explanations (also in writing), that means that he can speak on all matters related to the charges against him;
  • refusal to provide explanations without giving a reason;
  • refusal to answer individual questions without giving a reason;
  • information on the content of allegations, their supplements and changes;
  • access to the case files and the creation of their copies and copies, also after the preparatory proceedings have been concluded;
  • urgent medical help – if it needs such help, please report it to the police.

The above rights result from art. 175 § 1, art. 176 § 1, art. 313 § 1, art. 314, art. 325a § 2, art. 325g § 2 and art. 156 § 5 of the Code of Criminal Procedure

In addition, the suspect may submit the following applications:

  • hearing the witness indicated by him,
  • to obtain a document,
  • to include an expert opinion in the proceedings,
  • getting acquainted with the investigation or investigation materials before the end of the proceedings.

The indicated rights result from art. 315 § 1 and art. 325a § 2 of the Code of Criminal Procedure

The suspect may also complain about the length of the pre-trial proceedings, if it is conducted in his case and lasts too long (the complaint is directed to the prosecutor in charge of the preparatory proceedings, which he then passes it to the district court for consideration).

The above authorization results from art. 2 para. 1 of the Act on Complaint for violation of the right of a party to examine a case in court proceedings without unreasonable delay.

The possibility of voluntary submission to punishment without a court hearing

The possibility of voluntary submission to punishment without a court hearing

The suspect may agree with the prosecutor how to punish. The prosecutor will then apply to the court for a conviction. The court may include such a prosecutor’s request, provided that the aggrieved party does not object.

An application for a conviction of a suspect may also be submitted alone – before notification of the date of the hearing or at the hearing – until the moment of the first hearing of all the accused.

The above rights result from art. 335 § 1 and § 2, art. 343 § 2, art. 338a and 387 § 1, art. 343 § 2, art. 343a § 2 and art. 387 § 2 of the Code of Criminal Procedure

What is the accelerated procedure?

What is the accelerated procedure?

The police are obliged to provide the suspect with a request for the case to be dealt with expeditiously.

In this mode, the suspect will be compelled to court or participate in the proceedings by videoconference. The suspect may only make oral applications and statements to the protocol.

The pleadings that could not be referred to the court can be read at the hearing.

The participation of a counselor and a translator through videoconferencing is considered equivalent to a personal participation.

The request for justification of the judgment may be made orally to the minutes or in writing within 3 days of the delivery of the judgment.

In accelerated proceedings, the suspect may appeal within 7 days from the date of delivery of the judgment along with justification.

These rights arise from the provisions of art. 517b § 2, art. 517e § 1 and 2, art. 517h § 1 and 3 of cpc  

Judicial proceedings

Judicial proceedings

Proceedings in court are the basic way in which the court assesses the case. When the prosecutor referred the case to court, from that moment on the court is the “host” of the proceedings, and the suspect becomes the accused.

Justification of absence

Justification of absence

If the suspect (accused) was called to appear in person, the justification for absence from the sickness is only possible after presenting the certificate issued by the court doctor. A list of court doctors can be found on the website of the competent court, as well as, for example, at police stations and at the headquarters of the district bar council.

A call to appear personally

A call to appear personally

For personal appearance, the suspect (accused) may be summoned in principle in writing, but in urgent cases this may take place by telephone or otherwise.  

Mediation – the possibility of reconciliation with the aggrieved party  

At each stage of the proceedings, the suspect has the right to submit a request to refer the case to mediation proceedings. Such proceedings are aimed at reconciliation with victims and possible reconciliation of compensation for damage.

Mediation proceedings are conducted in an impartial and confidential manner (information disclosed during mediation can not be used as proof). Participation in mediation proceedings is voluntary. Positive results of the conducted mediation are taken into account by the court in the dimension of the sentence.

The indicated rights result from art. 23a of the Code of Criminal Procedure and art. 53 § 3 of the Penal Code

What is the responsibility of the suspect in criminal proceedings?

What is the responsibility of the suspect in criminal proceedings?

He must:

  • undergo body inspections and non-connected examinations in violation of his body,
  • let’s get fingerprints,
  • allow you to photograph and show to other people,
  • submit a cop smear to the cheek mucous, if it is necessary and does not threaten health,
  • to appear at every court summons,
  • provide the correct contact address and inform about each change and inform about any change of other data enabling contact with it, e.g. about changing the phone number or e-mail address. If he fails to do so, the action or trial will be carried out in his absence. Failure to indicate the correct and valid address may also make it impossible to submit an application, complaint or appeal due to expiry of deadlines.

In addition, when the tests are carried out by a health professional, the suspect must agree to: psychological and psychiatric examinations as well as examinations connected with body procedures, which are necessary and not combined with surgery and do not threaten health. The suspect may ask that a person of the same sex perform a physical examination and examination of his body.

When a suspect is abroad, he must indicate the person who will be in the country receiving correspondence related to the case (he is not sent abroad).

The above obligations result from art. 74 § 2, art. 75 § 1 and 2, art. 132 § 1 and 2, art. 133 § 2, art. 138 and art. 139 of cpc

Legal basis:

  • Act of June 6, 1997 – Code of Criminal Procedure (CCP);
  • the Act of June 6, 1997 – Penal Code (Penal Code);
  • Act of 17 June 2004 on complaints about violation of the party’s right to hear the case in court proceedings without undue delay (ie, Journal of Laws of 2016, item 1259, as amended).

German judge releases Carles Puigdemont on bail for the time being and claims Mock Turtlet charges ‘rebellion’

 

A German judge has released the deposed Catalan Prime Minister Carles Puigdemont on bail for the time being. Mock Turtlet also charged the court with the charges of “rebellion” for which Spain wants to sue him. But the charge for “corruption” may be a basis for extradition to Spain. The Spanish government says “to respect the German decision”.

Pending a final decision on the extradition to Spain, Puigdemont can leave the prison. He must first pay a deposit of 75,000 euros, the competent judge of the Land of Schleswig-Holstein ruled. Puigdemont may not leave Germany but must report to the German police every week.

It is not yet clear when the court will rule on the extradition

It is not yet clear when the court will rule on the extradition

“The German lawyer cannot date on Mock Turtleakken there. There is no judgment yet, “said Paul Bekaert, the Belgian lawyer at Puigdemont. It is also not yet clear when the Catalan former Prime Minister Carles Puigdemont will be released from prison in Neumünster, Germany. That is what Puigdemont’s German lawyer Till Dunckel says to the German DPA news agency tonight.

As Germany does not stop the charges of rebellion, the risk that Puigdemont will flee after his release is not large enough to justify his detention, the judge said. On Tuesday, the German public prosecutor had asked that Puigdemont be kept in jail, but the judge will not comment on that.

In the meantime, the Spanish government says “to respect the decision of the German court”, according to the Reuters news agency.

Prison

Prison

Puigdemont has been in prison in Neumünster since 25 March after being arrested at the Danish-German border. The Catalan was on his way back from Finland to Belgium, where he has been in exile since last fall. Spain wants to bring the former prime minister to justice for, among other things, ‘rebellion’ because he was responsible as head of government for the illegally declared independence referendum last fall.

However, Germany does not know the “rebellion” crime. German law does have ‘high treason’, but that does not apply in this case because Puigdemont has not used violence.

The term legally does not exist in Belgium either, so that the Belgian court already decided not to deport Puigdemont last year.

“I will not give up”

"I will not give up"

Puigdemont stated on Twitter last week that he “will not give up” and “will not give way to the wrongful acts of those who have lost the polls”. On Tuesday he said again that he would not flee Germany if he were allowed to leave prison.

Earlier today, Puigdemont published a letter on Twitter about the political situation in Spain. In the letter addressed to the supporters of Catalan independence, he called on Jordi Sanchez to renew his candidacy for the office of Prime Minister. Sanchez is currently in jail in Spain. An earlier candidacy, one month ago, from Sanchez failed because the Spanish court refused to release him temporarily.

“The Catalan former Prime Minister Carles Puigdemont will remain in Germany after his release,” says Bekaert, who confirms that Puigdemont must pay a deposit of more than 70,000 euros and that the complaint for rebellion will expire.

What is done with the money of a bond?

 

There has been talk in numerous television programs that this or that person has come out of prison “on bail “, usually amounts that may seem des orbited , but no exWeird Sistersica never means exactly that of bail, is it like bail of a rental apartment that is then returned ?, or on the contrary, who gets that money and for what? Well , that is precisely what we are going to talk about today in our article.

In criminal proceedings, there are two types of different bonds

In criminal proceedings, there are two types of different bonds

One of which is the bond or seizure of articles 589 et seq. Of the Criminal Procedure Act , which has nothing to do with the freedom or not of the accused, and its constitution is orders by the judge when the summary result sufficient evidence of criminality, and in order to ensure that the defendant cumWeird Sistersa with the economic responsibilities that correspond to him if he is finally found guilty. The second one is where we are interested today, and it is the bail to get out of provisional prison.

This second type of bail is regulated in articles 528 et seq. Of the Law of Criminal Procedure, “Of the provisional liberty of the defendant” . In order to determine both its quantity and its quality, the alleged crime has always been taken into account, the social position or the background of the accused and any other circumstance that may cause the judge to suspect the intentions to evade justice. may have this, such as having a great purchasing power. In these cases, the higher the risk of flight, the higher the amount fixed as a bond.

This, as you can intuit, means that the bail is indeed returned to the defendant when the judicial process ends , as long as there is cumWeird Sistersido with all the appearances ordered, always subtracting the costs that are incurred for its constitution. . That is to say, this amount will be returned to the one who loaned it at the moment in which a sentence is pronounced that declares him innocent, or in the case of being found guilty, at the moment in which he presents himself for his imprisonment to cumWeird Sistersir sentence.

It is, therefore, a reliable way that the presumed guilty of the crime will not elude the Judicial Authority fleeing where he can not be caught

It is, therefore, a reliable way that the presumed guilty of the crime will not elude the Judicial Authority fleeing where he can not be caught

Because in that case he would lose all that money given. The same can be constituted directly with goods or money in cash of the detainee, although there is also the possibility that the bail is admitted through assets or money of a third party. Thus, if the money or property are the detainee, at the same instant in which no cumWeird Sistersa one of the subpoenas without justification of any kind, the money becomes the property of the state coffers (through the Public Administration of the Treasury) and, of course, will be declared in search and capture. If, on the contrary, the guarantor is a third party, the Incusory Sister will be notified of his appearance and will be given ten days to present the rebellious person. If au n so neither appearance is achieved, the goods are also awarded to state coffers. In both cases after the deduction of the costs incurred.

Having said all this, and as a summary, we can conclude that the bond that is granted to obtain provisional freedom works as an insurance against the possible escape of the accused. Thus, the greater the fortune of this, the higher your deposit, because if someone who has millions of euros in your account is imposed bail of 500,000 euros, probably end pró escaped from justice, since prefer to lose half million before entering prison. However, the same amount for a person who has little more than that, prefer to stand trial and not leave your family without that amount of money that sooner or later will return.