Santo Domingo, DR.– The defense council for the former Attorney General of the Republic, Jean Alain Rodríguez, denied this Friday that his client has reached any agreement or negotiation with the Public Prosecutor’s Office and maintained that the recent statements regarding the case seek to divert attention from the point that, according to the lawyers, the court must resolve next Monday, August 17.
The defense stated that the core of the discussion before the Second Collegiate Court of the National District is not related to the merits of the accusations, but rather to the request for extinction of the proceedings, considering that the case file has been in the courts for almost six years, exceeding the maximum period of four years established in article 150 of the Code of Criminal Procedure.
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“There is no agreement or negotiation on the part of Jean Alain Rodríguez”, asserted the Defense Council, while rejecting the versions that point to an alleged approach between the former attorney general and the Public Ministry.
The lawyers pointed out that, following the debate generated in recent days regarding the possibility of the proceedings being declared extinguished, the prosecuting body had attempted to steer the discussion back toward the substantive charges.
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In that context, they mentioned the references made by the Public Ministry to the so-called “34 lines of investigation”, as well as the amount of evidence that is part of the file.
Defense questions duration of the process
Jean Alain Rodríguez’s legal representation maintained that the discussion the court must face is related to the time elapsed since the beginning of the process and determining whether the deadline established by criminal procedural legislation was met.
The lawyers questioned the Public Prosecutor’s Office for not explaining, according to their version, the reasons why the process has been prolonged for almost six years.
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As part of their arguments, they cited three judicial decisions, including ruling number 059-2023-SRES-00003, issued by the Third Instruction Court, which—according to the defense—ruled out that the main delays were attributable to Jean Alain Rodríguez.
The defense claimed that some of the delays had occurred as a result of actions by the prosecuting body itself.
Among the elements that, according to the lawyers, contributed to extending the process, they mentioned an investigation of approximately two years, requests for extensions, summonses for the filing of the indictment, late delivery of documents, and the alleged non-compliance with judicial decisions.
They also pointed out as an element of discussion the presentation of an indictment that exceeds 12,000 pages.
Questioning of evidence handling
The Defense Council also questioned the conditions in which, as it claimed, a hard drive that is part of the file was delivered.
The lawyers maintain that the device was defective and contained around 3,000 pieces of evidence and 666,000 files. Likewise, they alleged that files corresponding to other judicial proceedings had been included within the documentation.
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For the defense, these situations are part of the circumstances that must be taken into account when analyzing the duration of the process.
“Those are the delays and deficiencies that the Public Prosecutor’s Office must explain before attempting to shift the consequences of the expiration of the legal deadline onto the defendant,” argued the Defense Council.
The court will decide next Monday
The defense also rejected that the statements regarding the charges should become the center of public discussion before the hearing.
“We have already dismantled those 34 charges and we will do so as many times as necessary. But that is not the debate that should distract the country today,” he stated.
The Defense Council considered that the Public Prosecutor’s Office’s statements could generate public pressure on the judges in charge of hearing the request.
The Second Collegiate Court of the National District must rule on Monday, August 17, regarding the request for dismissal filed by Jean Alain Rodríguez’s defense and any other relevant procedural matters.
The case has generated a broad legal and political debate since the Public Prosecutor’s Office filed charges against the former attorney general and others involved. Now, attention is focused on determining whether the process can continue or if, due to the time elapsed, it is appropriate to apply the legal provisions regarding the extinction of criminal action.
