(Tomado de semana.com)
El número de miembros del Congreso de la República, que para eludir el peso de La Corte Suprema de Justicia, como lo hace el expresidente Álvaro Uribe Vélez, es elevado.
La identificación la reveló semana.com
Ya van 13 congresistas vinculados al proceso de la para-política que renunciaron a sus curules para ser procesados por la Fiscalía en vez de la Corte Suprema de Justicia.
Las decisiones que tomaron esos parlamentarios cambian el esquema de sus defensas. La Corte Suprema opera con un sistema inquisitivo. Es decir, los mismos magistrados toman las decisiones en las diferentes etapas del juicio: abren el proceso, determinan si los acusados permanecen o no en libertad, hacen la investigación y, finalmente, dictan la sentencia definitiva.
La Fiscalía, en la justicia ordinaria, solamente define si llama a juicio a un acusado, pero la sentencia queda en manos de los jueces. En este sistema, además, las decisiones son apelables. Los jueces que finalmente dictan sentencia son aquellos que trabajan en las zonas de influencia en donde posiblemente se cometió el delito. De tal manera que si los procesos llegan a las mayores instancias, al final, el que dicte el veredicto sería un juez que vive en una región en la que ellos son considerados grandes jefes políticos.
Esta situación ha creado suspicacias en este complejo proceso. Es natural que si la Fiscalía decide acusar a los congresistas, entrarían a actuar jueces de sus regiones para dar el fallo final sobre su culpabilidad o su inocencia.
Eso genera prejuicios sobre la capacidad de los parlamentarios para ejercer presión, sobre la dilación de los procesos en el tiempo y sobre las conocidas demoras de la justicia ordinaria para actuar. En el caso de Dragacol, para citar sólo un ejemplo, las investigaciones llevan siete años y todavía no hay sentencias definitivas.
Estos son los perfiles de los congresistas que han renunciado a su cargo para que los investigue la Fiscalía y no la Corte Suprema de Justicia.


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