On April 23, the First High Risk Chamber rectified a resolution with which it had increased the sentence of the former Minister of Communications, José Luis Benito, for the case of the Q122 million that were located in a house in Antigua Guatemala, with which the former official would only have a sentence of 3 years in prison.
From this account, the Attorney General’s Office reported this Friday, April 26, that it appealed said resolution, which benefits the former official of Jimmy Morales’ government.
“We recently received notification of a judicial resolution issued on April 22, 2024 by the First Chamber of the Court of Appeals of the Criminal Branch of High-Risk Processes and Asset Forfeiture, which refers to file 01073-2016- 00359. This resolution declares the defective procedural activity presented by José Luis Benito Ruiz admissible and modifies the sentence imposed against him,” says the PGN in a statement.
It adds that, “on behalf of the State of Guatemala, as the aggrieved party in the exercise of the reparative action within the aforementioned criminal process, this judicial resolution has been challenged, considering that said resolution violates the fundamental principles of Legality, Imperativeness, Judicial Protection Effective and Due Process.”
Resolution
The resolution of the Chamber modified the sentence against Benito to 6 years in prison with a 50 percent reduction in the sentence for having availed himself of the benefit of acceptance of charges, remaining at three years with payment of the sentence for the prison already suffered and commutable. for the rest of the time.
The Chamber had also accepted the Partial Appeal appeal filed by the Special Prosecutor’s Office against Impunity (Feci) of the Public Ministry (MP) and modified the crime from “Conspiracy to Launder money and other assets” to “Money Laundering and other Assets”.
Furthermore, the Court indicated that it had been established within the procedural records analyzed that there was criminal co-participation on the part of José Ernesto Batres González in the Q122 million that were seized.
Now the sentence remains as it was at the beginning, when the High Risk Court D handed down a six-year sentence against Benito for the crime of conspiracy to commit the crime of laundering money or other assets, but since the former official adhered to the procedure for accepting charges, the sentence was reduced to two years.
According to the Prosecutor’s Office, by accepting the procedure for accepting charges, the court reduced the sentence to 2 years of commutable prison and imposed a fine of Q1 million 600 thousand; Furthermore, it details that, at the request of the Attorney General’s Office (PGN), he was ordered to pay decent reparation consisting of Q220 thousand.
Furthermore, the Court indicated that it was established within the procedural records analyzed that there is no lease contract for the house and there is criminal co-participation on the part of José Ernesto Batres González in the money that was seized and indicates that the related residence belongs to said person. . Orders the Public Ministry to initiate the necessary legal actions for his prosecution, certifying what is appropriate.
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