Original article: Investigación no está «cerrada»: Corte de Puerto Montt deja sin efecto audiencia de desafuero contra senador Calisto
The Court of Appeals in Puerto Montt granted the defense’s request and canceled the immunity hearing for Senator Miguel Ángel Calisto, which was scheduled for this Friday, July 10.
The court stated that due to the recent reopening of the investigation—for an additional 60 days—it is inappropriate to hold the immunity hearing since the inquiry into alleged fiscal fraud is still ongoing.
«The stage of the procedure at the time the immunity request was made has changed, as the investigation has been reopened for 60 days, and the previous closure has been lifted,» the ruling noted.
The appellate court emphasized that «Article 416 of the Criminal Procedural Code, concerning public offenses, stipulates two occasions when the case may be escalated to the full Court of Appeals for a ruling on immunity: once the investigation is closed, if it is deemed appropriate to indict for a crime or minor offense against the protected individual, and in the event that preventive custody or other precautionary measures are requested against them. Here, the immunity request was based on the first of the indicated assumptions,» the resolution indicated.
For the full ruling CLICK HERE
State Defense Council’s Lawsuit
This judicial decision comes at a time when the State Defense Council (CDE) has filed a civil lawsuit against Calisto, seeking to recover over 131 million pesos allegedly obtained fraudulently from the National Congress and the Regional Government (Gore) of Aysén.
The legal action, filed by prosecutor Paulo Gómez, represents the latest judicial blow against the parliamentarian and adds to an expanding web of criminal proceedings he faces for his alleged involvement in a scheme to divert public resources. Read more on this topic:
We will continue to provide updates.
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