Libre de cargos e inocente el Ex Fiscal General Douglas Meléndez

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Cámara confirma sobreseimiento definitivo a favor del ex fiscal Douglas Meléndez

La Cámara Primero de lo Penal de la Primera Sección del Centro confirmó el sobreseimiento definitivo decretado por el Juzgado 1° de Paz a favor del ex fiscal general, Douglas Arquímides Meléndez Ruiz, por los delitos de omisión de la investigación, incumplimiento de deberes, actos arbitrarios y desobediencia.

La Cámara conoció del Recurso de Apelación interpuesta por José Vega Castañeda, en su calidad de Director Presidente y Representante Legal de la Sociedad Química Agrícola Internacional, Sociedad Anónima de Capital Variable (QUIMAGRO, S.A de C.V), en contra de la resolución que dictaba el sobreseimiento definitivo a favor del ex fiscal general, Meléndez Ruiz.

Entre algunas de las argumentaciones de la Apelación, el Representante Legal de QUIMAGRO S.A de C.V, manifestó que los Agentes Auxiliares del Fiscal General de la República lo citaron para un formalismo consistente en” informárseme que había agotado, la posibilidad de obtención probatorio, durante la etapa de diligencias de investigación y que el análisis efectuado, lo que procedería era solicitar el sobreseimiento definitivo a favor del imputado Douglas Arquímedes Meléndez Ruiz”, lo que para el representante legal, no gozó del legítimo derecho a ser oído previamente a la decisión de formular el Requerimiento Fiscal de Sobreseimiento Definitivo.

Así mismo manifestaba, en dicha Apelación; que la resolución dictada por el Juzgado Primero de Paz de esta ciudad, carecía de fundamentación.

Sin embargo, la Cámara Primera de lo Penal, consideró “El Tribunal tienen limitada su competencia al conocimiento de la causa venida en apelación, únicamente a los puntos específicos de la resolución que causan agravio al apelante José Antonio Vega Castañeda, en contra de sobreseer definitivamente al imputado Douglas Arquímedes Meléndez Ruiz”.

Dijo también: “….Esta Cámara discrepa cuando señala que la decisión apelada adolece de la inobservancia…”

Por otra parte la Cámara argumenta que “el apelante no expone de manera clara y concreta en que consiste la Falta de Fundamentación”…reza el documento.

Por tanto, la Cámara resuelve “Confírmese la resolución pronunciada por el Juzgado Primero de Paz de esta ciudad, por medio de la cual decretó el Sobreseimiento Definitivo a favor del imputado Douglas Arquímides Meléndez Ruiz, por los delitos de Omisión de la Investigación, Incumplimiento de Deberes, Actos Arbitrarios y Desobediencia; Con la certificación de ley, vuelvan los autos al Juzgado de origen”.

El Representante de QUIMAGRO S.A de C.V. denunció en la FGR que tres magistrados de la Corte Suprema de Justicia (CSJ) habrían cometido el delito de Prevaricato, sin embargo el análisis de las actuaciones de los Magistrados de la Sala de lo Constitucional de la CSJ se realizaron conforme a Ley.

A raíz de esto, La Fiscalía General de la República (FGR) solicitó al Juzgado 1° de Paz el sobreseimiento definitivo a favor del ex fiscal porque “no había delito que perseguir”, debido a que cuando éste fungió como Fiscal General de la República ordenó las respectivas averiguaciones para determinar si era procedente o no la promoción de antejuicio en contra de tres ex magistrados de la CSJ, por lo que la FGR consideró que el ex fiscal cumplió con sus obligaciones según la Constitución de la República (art.193 ordinal 3 y 4).

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