International Criminal Law Case : The Mayor and the Contractor (part II)
The arguments of the Prosecutor
The arrangement of the Prosecutor that heard the case on the complaint, full of details and details that make infer the responsibility of the accused Jaime Bardales Ruiz, Luis Parodi Saravia and others. One of the arguments considered that indicated they did not act according to the Law of Contracts, for as soon knew the falsity of the information documents must officially declare the nullity of the contract, which did not and instead clung to it prevail. “Even there is a presumption of unfair collusion because it corrupts a document to be awarded the bid because government officials did not declare the nullity of it” expresses the Prosecutor.
After the Municipality reiterates that through their officials must meet the general norms and even qualify, by virtue of the law, the Public Ministry’s work and obviously did not take into account the fiscal Julca, when he sent the final file the complaint Miranda Anabella Jaramillo made. “The Public Ministry as head of the criminal action must not only limit their actions to the crimes reported, but functional is required to cover all those illegal practices that can avert the development of the preliminary and preparatory research” supports the Fiscal Diaz de La Cruz.
Regarding the falsification of documents, which has been duly recorded; argues that knowing they were fake the mayor should have acted according to the dictates of State Contracts Act, that is asking for the realization of the technical report regarding the legal violation by the bidder and inform the Court of Contracts for the implementation of sanctions established by law Jaime Bardales Ruiz, never made such an action and only recommended actions are taken to codenunciado Parodi Luis Saravia.
Regard, the Prosecutor states that “This decision further to eliminate criminal liability demonstrates a concerted conduct between the two: First, because Parodi was appointed by the mayor and second is who should contact the City Manager …”
After an analysis to the findings of Ruiz and Parodi Bardales Saravia and especially in failing to declare the nullity of the contract as was his duty. They argued that they could not do anything about it, when the Procurement Act is pristine when a bidder submitted false documents is discovered, there is legal authority to declare the nullity of office and request further damage has been generated with such action.
But as has been demonstrated in other processes Cortegana Dante Sanchez, the head of the firm and who falsified documents to qualify for the selection process continues with contractual relationship with the City, indicating that it is not unknown to the mayor Jaime Bardales Ruiz and Luis Parodi Saravia.
It is hoped that the complaint made by the brave citizens Anabella Jaramillo Mariana Miranda, consider the prolixity of legal invocations Prosecutor performs and where it is clear that there are violations of the Law of State Contracting and did not do the Mayor and the other members of the Special Committee on Awards and configured crime. Also looks forward to the Attorney Mitchel Julca García “do his duty with due diligence” under the Prosecutor recommends.
For the moral health of the people of Sullana, such facts should not be overlooked. Behind them, is the courage of a person to overcome the fear of reporting suspicious actions, on the other side lies the work of the Attorney General Crime Prevention, which identified clearly the role, but nevertheless, after Attorney responsible for the preliminary investigation against all existing elements decided that the complaint did Anabella Jaramillo Mariana Miranda.
The data
This claim was made in 2009, is one of many that affect municipal management by the physician Bardales Ruiz. Recently a citizen told the Public Prosecutor for the Prevention of Crime, giving him 300 000 nuevos soles for a work, after spreading the news one of the above, the manager Panta Carlos Palacios said he had met with the complainant and even gave details what was proposed.
Meanwhile, Jaime Bardales Ruiz continues in his campaign and even though the polls only give 3% of the vote, continues to paint the walls of the city.
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