Martinelli’s jail sentence stalled by a judge’s inaction

The process to decide what to do with the unconstitutionality warning that former President Ricardo Martinelli presented against an article of the Judicial Code has not been able to advance, because a draft ruling prepared by Judge Miriam Cheng has been stuck, for five days, in the office of magistrate Cecilio Cedalise reports La Prensa.

Martinelli requested the declaration of unconstitutionality of an article of the Judicial Code that refers to the necessary requirements to annul a sentence.

This action is part of the chain of appeals, warnings and protections presented by Martinelli to prevent the sentence handed down against him for money laundering in the so-called New Business case from becoming final . The sentence, of 128 months in prison and a fine of $19.2 million, was handed down last July by criminal judge Baloisa Marquínez and ratified in October by the Superior Court for the Settlement of Criminal Cases.

The draft ruling prepared by Cheng, in which she must decide whether or not to admit the warning of unconstitutionality presented by Carlos Carrillo, Martinelli’s lawyer, has already been signed by the other seven judges. Only Cedalise’s signature is pending.

The Criminal Chamber of the Supreme Court must still decide on an appeal filed by Martinelli against the sentence imposed on him for the New Business case. Judge Ariadne García is the speaker.