When resolving the appeal filed by the Attorney General’s Office and the Attorney General’s Office, the Criminal Chamber of the Superior Court of Medellín revoked the acquittal issued against the current mayor Bello (Antioquia) Óscar Andrés Pérez Muñoz and sentenced him to 10 years in prison for the crimes of contracts without complying with legal requirements in competition with embezzlement for appropriation.
In the same decision and for the same punishable conducts also Harold de Jesús Hincapié Herrera, legal representative of the Semillas de Guadalupe Foundation, was sentenced to 7 years and 6 months in prison. For the crime of contract without compliance with legal requirements, the judicial body sentenced the former legal adviser of the municipality Hans de Jesús Wagner Jaramillo to 5 years and 4 months in prison.
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The reason why they sentenced Mayor Óscar Pérez in Bello, Antioquia
The facts investigated occurred on October 1, 2010, when Pérez Muñoz, as mayor of the municipality of Bello, entered into a contract worth 180 million pesos with the Semillas de Guadalupe Foundation to “coordinate and execute the electoral process of the Municipal Youth Council (CMJ), until its formation and possession. The contract was signed by the then municipal president with the approval of Wagner Jaramillo, who recognized the suitability of the non-profit foundation and drew up the agreement’s minutes.
According to the investigation carried out by a prosecutor delegated before the Superior Court of Medellín, During the execution of the aforementioned agreement, the following irregularities were committed, among others:
- The Foundation hired I didn’t even have the suitability nor the experience necessary to fulfill the purpose of the agreement.
- was only quoted to the Semillas de Guadalupe Foundation for hiring.
- There was no technical analysis nor economic of the value of the contract.
- The activities and products contracted not fully delivered And yet they were paid.
- Some of the contracted activities They were carried out by departments of the municipal administration.
Without the benefit of house arrest, the Mayor will go to jail
The first instance ruling was handed down on January 23 of this year by the 10th Criminal Court of the Medellín Circuit, an office that dismissed the set of evidence presented by the Prosecutor’s Office and issued an acquittal in favor of the three defendants.
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The judgment of the Superior Court of Medellín denies the benefit of home prison to the convicted and orders their capture so that they can be transferred to the detention center determined by the Inpec.
Prior to the materialization of the capture of Mayor Pérez Muñoz, and in order not to affect the continuous course of the public administration of that town, the Antioquia Governor’s Office was formalized to order the immediate suspension of the convicted person and name temporarily in the position who should replace him. The extraordinary appeal of cassation before the Criminal Chamber of the Supreme Court of Justice proceeds against the judgment of the Court.