スペインの検察は、ヤミ金の合法化をしていた中国人の組団を逮捕できず、72時間制限の時間切れ
operación emperador
Anticorrupción no logra detener la excarcelación de los capos chinos
La sección tercera rechaza el recurso de nulidad contra el auto que ordenó liberar a uno de ellos
La Audiencia dejó libres a cuatro cabecillas al considerar que pasaron las 72 horas de detención
Manuel Altozano Madrid 26 NOV 2012 - 13:20 CET
emperor operation
Corruption can not stop the release of Chinese bosses
The third section rejects the appeal to quash the car you ordered one free
Hearing set free four leaders to consider that it took 72 hours of detention
Altozano Manuel Madrid 26 NOV 2012 - 13:20 CET
Corruption has failed to stop the release of key Chinese mafia bosses arrested on October 16 as part of Operation Emperor against money laundering. The third section of the High Court has flatly rejected the motion for dismissal filed by prosecutors in the early hours of Friday afternoon trying to cancel one of four releases that, so far, the court has issued. The section also rejects it full of the Criminal Division to consider the appeal as requested by the prosecution request calling them "preposterous". The releases, therefore, continue to occur, including, most likely the leader of the plot, Gao Ping.
Anticorruption The appeal submitted on Friday trying to get the annulment of the order of the third section on Thursday ordered the immediate release of the alleged accounting of the plot led by Gao Ping, Kay Yang, considering that his detention exceeded constitutional deadline 72 hours without the judge Fernando Andreu sent them to prison. On Friday, the same section freed three other detainees. This is the right hand of Gao, Wen Lin, and another close associate of the main leader, Yonping Xia. It has also been released from jail Zou Lingzhi Hu, one of the assassins dedicated to the recovery of loans by threats and extortion.
In an order, the third section is inadmissible for this morning pending the appeal of Corruption. The judges Alfonso Guevara, Antonio Diaz Delgado and Clara Bayarri, considered "preposterous" for the prosecution writer requests that the full resolution of the question because, they say, the Organic Law of Judicial Power, responsibility for resolving such incidents "to same court or tribunal "," especially when the ground of invalidity is alleging insufficient reasons for the decision to be null even pretend. " The admission for processing effectively prevents the full case study it. The President of the Criminal Division or a majority of its judges had been forced to explore what all members only if the section had handled the appeal.
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On October 18th at ten o'clock at night, 65 hours after the arrest of the ringleaders of the plot and at the approach of compliance within 72 hours, Andreu, with the support of the prosecution, drafted a car which ordered the immediate release available of the 29 detainees who had not yet taken a statement. That resolution stated, however, that detainees remain at the station and that the hearing "there are no adequate or sufficient facilities to accommodate them." The order prohibited the agents continue making inquiries with detainees, to which court officials read them rights. Were also explored by forensic Court.
However, in the case of Kay as in the other three released, the third section considered in four orders made on Thursday and Friday that the resolution was merely an extension of the detention, which is forbidden in cases like this , which had been the judge himself who ordered the arrests. For its judges must agree Andreu prison sentence for all of them before 72 hours had elapsed since his arrest, so annulled by the cars that were jailed on October 20 (four days after his arrest) ordered the immediate release free to all.
Now, Judge Andreu Anticorruption request waits for further precautionary measures to ensure that the leaders of the Chinese Mafia do not escape. But these measures, as the third section, not under any circumstances could include a new prison.
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