Santo Domingo. –The prominent lawyer Marino Elsevyf stated last night that prosecutors must be subjected to jurisdictional control of their actions, because many have been in the exercise of their functions for 20 years and have failed within the penitentiary system due to the infinite number of criminal proceedings that have not been carried out. filled.
Elsevyf considered that prosecutors have become a hindrance to the system, contrary to constitutional principles. “The State has failed, first because of the operators of the system, the prosecutors who ask too much for preventive detention and the prisons are full of 80% of preventive prisoners, many sick people and people who should not be in prison,” he said.
He explained that the pact of the penitentiary system operators carries the concept that “prison is the rule and the exception is being free,” a method that has been used in the 20 years of the new Code of Criminal Procedure.
The jurist lamented the fact that the prisons have been filled with men and women who in the same penitentiary have become crime essayists, practicing scams, bribery, selling drugs and directing assaults.
Interviewed on the program Toque Final with Julio Martínez Pozo that is broadcast on Antena 7, the criminal lawyer reported that in the prison system there is a cohabitation with crime, a disguised control of authority with those deprived of liberty, the law of silence, specifically in the La Victoria prison, where in his opinion, a better overview of the crime is offered.
He also specified that the operators of the new penal system have not had the emotional intelligence and criminal policy to use the instruments of the new Criminal Procedure Code, because they lengthen the processes and turn them into “soap operas” through the media. as an early sanction to those involved in the crime.
In that sense, he indicated that neither full nor partial agreements can be made because ultimately that does not correspond to the poor, but neither does it correspond to disgraced politicians.
Likewise, he emphasized that the opportunity criteria of Article 34 of the Code of Criminal Procedure are not being used, that much less are the conciliation arrangements set forth in Article 37 being made and that it has never been seen that the operators of the system call for mediation as established in Article 38.
“There is a conditional suspension of procedures that is not used either and the operators of the system, the prosecutors and judges who are truly responsible, do not have that mechanism of action within the State’s criminal policy,” said Elsevyf.
He indicated that the basis is social defense, controlling crime, but that has not happened because the State in the last 20 years has not had a correct conduct in relation to criminal policy, with many zigzags and people who go to congresses to give theories that they do not practice in the exercise of their functions, a reason that, in their opinion, has been the cause of so many attorneys succumbing in the exercise of public administration.
He added that it is so much so that the Government should continue forcing legislators to create the Ministry of Justice and divide administrative and judicial actions.
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2024-02-13 06:03:24
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