“Let’s assume these people are really guilty, which we don’t know because they have a conviction that is not final; that is, they do not have the authority of the definitively and irrevocably judged thing”, explained Peña.
The Public Prosecutor’s Office’s Debt
Beyond the ruling against Medina, the criminal lawyer points out that the Public Ministry faces a greater challenge, dozens of corruption files still unopened, which raises doubts about the coherence of the anti-corruption discourse. “They have lied to us, they have been telling us that what is sought with these cases is to proscribe corruption. However, the Public Ministry has approximately two hundred and something corruption cases, at least, pointed out as such from the current government that have not been opened,” recalled Peña.This situation, the jurist warns, fuels the perception that justice in matters of corruption remains selective and partial, and that high-profile cases receive different treatment than ordinary files. Of more than 21 people linked, only seven were convicted, while the rest were acquitted.
Another critical point is the citizens’ perception of the magnitude of the sanctions. For Peña, a part of the population considers that the penalties imposed do not reflect the real damage caused by the acts of corruption.“First, it sends the idea that the penalties, for example, do not meet the expectations of society. A part of society could see it that way,” the jurist pointed out. With the sentence already issued, the case enters a critical stage. The Court of Appeals will evaluate the sanction and the responsibility of the convicted, with the possibility of reducing sentences, acquitting defendants, or ordering a new trial if procedural irregularities are found. Later, the Supreme Court of Justice could intervene through an appeal for cassation, finally defining the fate of the file. This scenario keeps open the question of whether the case of Alexis Medina will be remembered as a real milestone in the fight against corruption or as another media episode that, despite the initial noise, ends up reinforcing the perception of impunity.
