The first section of the Provincial Court has agreed to suspend the execution of the sentence of two years and three months in prison for the former Urban Planning Councilor of Tías, José Alberto Reyes de León. The former councilor requested a pardon for his conviction for a crime of document forgery.
Reyes de León's defense considered that the suspension of the execution of the sentence should be ordered "until the pardon request, filed by the convicted person, is resolved," as explained in the order to which La Voz has had access. The Public Prosecutor's Office did not oppose this measure, but the private prosecution did.
In an order dated December 13, the Provincial Court resolves to suspend the prison sentence until the pardon is resolved. In this sense, it points out that article 4 of the Penal Code empowers the judge or the court "to order said suspension in a reasoned resolution if it appreciates that the fulfillment of the sentence may violate the right to a trial without undue delay or when, if the sentence is executed, its purpose could be illusory."
In this case, according to the Provincial Court, "taking into account not only the duration of the sentence but also the scope and nature of the facts under consideration," it concludes that "the requested suspension must be granted to prevent the pardon, if granted, from having any practical effect."
The Provincial Court also points out that the "reopening of the case on an annual basis to verify the status of the pardon's processing and prevent the statute of limitations for the imposed sentence" must be faced.
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