Dead ‘Don Naza’ and the dismissal dictated by a judge to defendants, what happens with the investigation of the Big Money case?

the same day that Miguel Ángel Nazareno, alias Don Nazar, was found lifeless, handcuffed on a third-order road in the parish of Amaguaña, in the southeast of Quito, Judge Carlos Bowen ruled dismissal in favor of the deceased today and two more people for the crime of illegal collection of money.

The dismissal, according to the criminal law expert Sebastian Cornejo, leads to process file because there were no indications in the commission of a crime.

‘Don Naza’ was buried in El Carmen, Manabí, in a discreet act that was protected

The prosecution launched an investigation on June 24, 2021, when the case came to light. In October 2021, the fiscal investigation began against Nazareno, his spouse, Gabriela B. and Dayana S., alleged niece.

After alternative measures were declared, Naza he breached them. Given this, the Prosecutor’s Office requested preventive detention. For his part, the judge bowen dictated the presentation of the accused once a month, a provision that was also not complied with.

On April 8, the Prosecutor’s Office requested for the second time the prison against Miguel Ángel Nazareno and others linked. However, he remained pending until April 14, where the judge finally issued the dismissal, hours after the death of the promoter of Big Money, the money-raising platform, was confirmed.

“On the subject of Naza The issue of dismissal should no longer be analyzed because he already incurs an issue of expiry of sentence, for the case of his death,” added Cornejo.

However, for the other two prosecuted persons, it would apply the dismissal and modification of precautionary measures delivered on Friday.

In other words, the judge’s ruling would grant the complaint file done. For its part, the State Attorney General’s Office (FGE) filed an appeal for appeal to this ruling of first instance, since it maintains that there are more than 80 tests that would verify the crime committed.

According to a bulletin from the Prosecutor’s Office, it was shown that the defendants “collected money in cash and through direct transfers to their bank accounts. In addition, through the platform bigmoney They offered payments even with the 90% of the value that was invested, within eight days.”

A judge from the Iñaquito Judicial Unit was consulted, who explained that first the death of one of the defendants should have been established to declare the extinction of the criminal action, before the accusation of the Prosecutor’s Office and the decision of dismissal.

This, taking into account that “You cannot dictate dismissal of a person who has died, but to someone who was not found elements of conviction and who is alive, “he added.

Sebastián Cornejo indicated that the appeal means that the process will be elevated to a higher court, in this case to the Provincial Court.

“If on appeal it is possible to demonstrate that there are indications of criminal responsibility in a degree of author or accomplices to the processed persons, the judge will rule that the order of dismissal be rendered null and void and request that the criminal process continue,” he argued.

From there, an audience of evaluation and trial preparation, to then go to the trial stage for alleged illegal collection of money.

Article 323 of the Comprehensive Organic Criminal Code (COIP) establishes: The person who organizes, develops and promotes, publicly or clandestinely, financial intermediation activities without legal authorization, aimed at illegally collecting money from the public on a regular and massive basis, will be sanctioned with custodial sentence of five to seven years.

The consulted judge indicated that for the illegal collection of money it is not necessary to prove the economic damage to start a case for that crime. The necessary proof is to demonstrate the creation of this type of activity of receiving money, since that already constitutes a crime. In other words, the advertising of the Big Money company already constitutes proof to initiate legal action, said the legal professional.

This was the discovery of the body of ‘Don Naza’ in the Amaguaña parish, in the southeast of Quito; his hands were tied

Another scenario is that judges Provincial Court ratify the dismissal and the sentence is issued with the file of the process.

“Another possibility is that, if there are elements or indications of the commission of another crime, another one reopens prior investigation against the gentlemen, but for another crime, no longer for the one we are analyzing at this time, ”said Sebastián Cornejo.

Regarding the possibility of going to another instance, after the Provincial Court, the lawyer explained that they could present it to the Constitutional court, but that, in the ordinary ways, the process would end with the opinion of the provincial judges. (I)