A controversial discussion will touch the doors of the National Assembly when the electoral reforms are discussed, as these allow the three judges of the Electoral Tribunal (TE) to check bank accounts of candidates who could receive private contributions, and even freezing.
Article 190 F of the amendments empower the TE to audit the bank accounts of the candidates who receive private contributions, as well as other accounts that are reported or over which the TE has evidence that they have been used or are being used to benefit adversar campaign or a candidate.
Meanwhile, another paragraph of the same article states that the full court may order the seizure and eventual forfeiture of bank accounts linked directly or indirectly to a campaign against kidnapping and fits the motion for reconsideration with devolution effect.
Recently, the magistrates presented to the Assembly the package of amendments to the Electoral Code.
Although the magistrate Erasmo Pinilla recognized a constitutional right to modify it presented the deputies, he said that was a job "consensus" of the National Commission on Electoral Reform.
Meanwhile, criminal lawyer and former prosecutor electoral Victor Almengor said to the judges of the TE are "surpassing" their legal and constitutional powers as the Public Ministry is the entity responsible for ordering the reviews and cautelaciones bank accounts in cases criminal.
He explained that if the judges of the TE found something related to money laundering of any candidate for elected office, his duty is to send copies to the Attorney General's Office and not order cautelaciones.
Almengor articles called "serious".
"His power is only electoral and not criminal. That is the prosecution and the judiciary", said Almengor .
In parallel, the former prosecutor and lawyer Armando Fuentes said the items will open a national debate on the issue, because the Constitution establishes the legal powers of the institutions and the exceptions regulated by law.
He stressed that in criminal cases , the prosecution is the entity that orders review and freeze the economic assets of individuals or groups , while in civil cases , are the courts that handle these areas.
Sources said the items could be sued for unconstitutionality at the Supreme Court (CSJ ) for any lawyer.
Meanwhile, the former vice president of the Republic , Arturo Vallarino said that this is an "excess" to regulate the powers of the TE and election campaigns as it is a political issue and there could be reprisals.
