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.

Sullana Criminal Prosecutor ordered preliminary investigation against Jaime Bardales and other. It looks like there are prosecutors who want to fully carry out its function. In this case it is Dr. Marita Diaz de la Cruz, who with a thoroughness that should be assumed by many judges, has done a thorough analysis of the case of falsification of documents by an executor of work and seriously compromising Mayor Jaime Bardales Ruiz, Luis Parodi Saravia and other officials of the Provincial Municipality of Sullana.

A history

The case concerns the citizen complaint made Anabella Jaramillo Mariana Miranda against Mayor Jaime Bardales Ruiz and others on charges of breach of the functional duties and conspiracy to commit a crime and against the contractor Cortegana Dante Sanchez for forgery. As reported at the time, the winner for “Best Market Sullana II Stage Model,” provided false documents and with them won the bid. Prosecutor intervened on Crime Prevention and managed to prove that the complaint was true.

However, an incredible Attorney Mitchel Julca definitively Garcia filed the complaint, despite evidence that he actually gave the bid to a company that submitted false documents. Also applies the principle of opportunity questionable way to prevent the process forward and be saved, that share of the reported fiscal Julca.

Against this, Miranda Jaramillo Mariana citizen, filed an appeal of complaint to the superior review the proceedings. The decision of the Prosecutor Marita Diaz de la Cruz is recommended only once the prosecutor Julca Garcia to do his duty with diligence and in fact, the Prosecutor discussed one by one the arguments and with a great knowledge of administrative law is formalized preliminary investigation ordered pursuant to law, “being necessary to carry out procedures that are indicated …”.

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The substantive criminal law is the principle “no punishment without law” (nulla poena sine lege shaped), and he enjoys constitutional status (see Article 103, paragraph 2 of the Basic Law). This principle includes the following individual bids, two of which the legislator and two directed to the right users:

• Definitely bid – nulla poena sine lege certa: The text of the law must be determined accurately. The legislature is not prevented from also use terms that require a score of Legislative user (ex: “high damage” and “reprehensible”) if the facts are no different tangible and the conceptual content of the respective terms with generally accepted methods of interpretation can be determined.
• Retroactivity – nulla poena sine lege praevia: Had the time of the crime criminality requirement, as the law valid. Retroactive criminal liability is not possible. According to prevailing opinion, the related conditions but not on the prosecution, but only to the substantive criminal law. This allowed the statute of limitations for murder in the Federal Republic of Germany are repeatedly extended up to the present system (no statute of limitations). An exception to this is – for the exclusive benefit of the perpetrator – the principle of so-called lex mitior, which is a revision of the law, the new version, unless it is milder.

You may already be affected by the criminal law business, or even been indicted. Looking not only information but also plays a support and a quality defense to reassure you and get relaxed.

Indeed, misuse of company property or “ABS”, insider trading, embezzlement, fraud, bankruptcy, bribery, receiving information, the misuse of social good, tax evasion .  are not just words but a harsh reality for you or your company. The role of our law firm in Criminal cases is by far the one that requires most talent and personal involvement as ineffective and without reversing the balance of power against the judge and prosecutor, it can be no question of privation of liberty for the corporate executive or the businessman. Our role is to support and assist in every way during the criminal proceedings.

That presupposes a solid construction and meticulous record necessitated by the strict interpretation of criminal law. This also implies a mastery of the arcana of specific criminal procedure inquisitorial in nature in order to identify gaps and ways of acting. Lawyers in Criminal Affairs we mastered the art of defense but also the art of attack. With fighting spirit and efficiency.