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Guayas Prosecutor’s Office filed a criminal complaint against the National Financial Corporation for a dispute with a debtor company

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The Constitutional Court canceled the protection action that ordered the entity to accept a land in dation in payment for a millionaire loan.

The Provincial Prosecutor of Guayas filed this August 11 a previous investigation against the authorities of the National Finance Corporation (CFN) which was initiated based on a criminal complaint filed by Danilo Dapelo Benites, general manager of the company JIK SA, for alleged failure to comply with legitimate decisions of authority by not executing a protection action that ordered him to accept a piece of land as dation in payment of a loan of $6.2 million.

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Dapelo affirmed that the entity supposedly incurred in what is typified in article 282 of the Organic Comprehensive Criminal Code (COIP) that says: “The person who fails to comply with orders, specific or legally due prohibitions, addressed to her by a competent authority within the framework of her legal powers, will be sanctioned with a custodial sentence of one to three years.”

The prosecutor in the case, Juan Carlos Vivar, He pointed out in his 25-page brief that “in constitutional matters, the competence to determine non-compliance with sentences of constitutional actions corresponds exclusively to the Constitutional Court (CC), so that as long as there is no declaration of non-compliance by the highest body of constitutional control , no criminal investigation could legally be derived with respect to article 282 of the COIP”.

For a piece of land that the CFN does not accept from a debtor, both litigate in the Constitutional Court

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“You should note, Mr. Prosecutor, that it was not the constitutional judge who referred by official letter (crime news) the actions or alleged actions that would constitute a crime for the Prosecutor to investigate an alleged crime defined in art. 282 of the COIP, but it was, as the file shows, the representative of JIK SA himself who activated the criminal agencies for this purpose,” added the prosecutor.

Vivar argued that the Constitutional Court ruled on the issue within an extraordinary protection action filed by the CFN to cancel the first and second instance sentences that ordered him to accept dation in payment.

In a ruling of the previous July 20, the CC accepted the constitutional action declaring that the sentences issued by the judge of the Judicial Unit of Criminal Guarantees with Competence in Flagrant Crimes of the Guayaquil canton and the Specialized Criminal, Military Criminal, Criminal Police and Traffic of the Provincial Court of Justice of Guayas “violated the rights to legal certainty and due process in guaranteeing the motivation of the CFN”, and also pointed out that the judges who dealt with the case in their different instances made an inexcusable error, which should be subject to disciplinary judgment by part of the Judicial Council (CJ).

The CFN gave the loan to the company JIK SA in 2010 to build an ozonated water treatment plant for industrial use. However, in August 2012 he requested an extension of the amortization table, in April 2013 he requested a novation, in September 2014 he was given the first extension of the term of that novation and in August 2015 the second extension.

The company’s lawyers pointed out that it paid from 2011 to September 2019, $4.9 million, and owes $5.2 million, which it had no ability to cancel.

To cover that debt, he offered a piece of land of more than 13 hectares, which was not accepted by the CFN, alleging that it harmed their interests. (YO)

Source: Eluniverso

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