Daniel Salcedo Bonilla, identified as one of those responsible for hospital corruption at the time of the COVID-19 pandemic, has been prosecuted since 2020 for five crimes, in three of the cases sentences have already been issued and two more are still pending. the courts.
Despite this, this Friday, December 9, it was reported that Judge Simón García, from the Paján canton (Manabí), ordered his immediate release because, according to him, the preventive detention orders issued against Daniel Salcedo have already expired.
Judge of Paján orders freedom for Daniel Salcedo; Release ticket has already been sent to the Pichincha Male Social Rehabilitation Center No. 2
Judge García considers that the sentenced man was only in preventive custody, question legal professionals consulted by this newspaper.
When consulting the terms in which the release order was issued, some experts believe that there is no legal basis for the appeal used by the Paján judge, who also, they say, has acted outside his jurisdiction.
The constitutional lawyer Kléver Sigüencia explained that if there is a first level sentence (Salcedo has three) the terms for the expiration of preventive detention are suspended, even if the sentence has been appealed.
That is why he believes that in order to solve the habeas corpus In favor of Salcedo, Judge Simón García had to use another resource.
A judge from Guayas consulted by EL UNIVERSO and who asked not to be identified agrees with the constitutionalist and clarifies that one can only talk about the expiration of pretrial detention if the defendant is detained for more than a year without sentencing for crimes that have greater penalties to five years and more than six months in crimes punishable by imprisonment of up to five years.
“If these deadlines are passed, the expiration of preventive detention operates by law, but in the case of Salcedo that does not apply, there were sentences within the legal deadlines, but there are avivatos that maintain that the sentence must be enforceable. These types of resources have also tried to be applied to free drug traffickers”, says the judge.
In the case of Salcedo there are three sentences. The first was issued for the crime of procedural fraud, that is, for evading justice by leaving the country by plane when he already had an arrest warrant. He was sentenced to four years in March 2022.
Court of Criminal Guarantees orders house arrest for Daniel Salcedo, but he will not be released from jail for other processes against him
Later, Salcedo was sentenced to thirteen years in prison as the direct perpetrator of the crime of embezzlement in the process of adjudication of overpriced body covers at the Los Ceibos hospital of the Ecuadorian Social Security Institute (IESS).
He also has a three-year prison sentence for the case of bringing objects into jail, which began when a video went viral on social networks. (YO)
Source: Eluniverso
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