Original article: Corte de Coyhaique ordenó reanudar procedimiento por fraude al fisco contra diputado Calisto: Monto supera los $100 millones
Unanimously, the Coyhaique Court of Appeals accepted the appeal filed by the Public Ministry and the State Defense Council, overturning the decision made by the Coyhaique Court of Guarantees to suspend proceedings against Deputy Miguel Ángel Calisto in an alleged fraud against the treasury case.
It is important to note that the aforementioned court previously suspended Calisto’s formalization (formerly of the Christian Democracy party, now Democrats), arguing that, after being elected as a senator in the latest elections, he would have «new parliamentary immunity». This decision was described as «highly questionable» by the lead prosecutor in the investigation, Hernán Libedinsky.
In his arguments presented before the Coyhaique Court, Libedinsky formally requested that the suspension of the proceedings decreed by the Court of Guarantees be rescinded and that the case be allowed to proceed.
The prosecutor emphasized that it was surprising and concerning that this decision was made without any prior request or debate, and that the resolution was based on Article 615 of the Criminal Procedure Code, a legal framework that became ineffective in the Aysén Region as of December 16, 2002, with the initiation of the Criminal Procedure Reform.
This regulation allowed for the suspension of proceedings if a parliamentary member was being subject to criminal prosecution from the criminal judge, the prosecutor’s office noted.
Consequently, the Court of Appeals asserted that it is «contrary to the law to base the suspension of proceedings on Article 615 of the Criminal Procedure Code, a norm that is no longer in force and does not apply to facts occurring between 2018 and 2022, and furthermore, refers to a power belonging to the Criminal Judge, a jurisdiction that the appealed judge lacks.»
It is noteworthy that the Aysén Regional Prosecutor’s Office investigation relates to events occurring between 2018 and 2022, concerning alleged parliamentary advisory services provided by Carla Graf Toledo, which, according to the prosecutor’s office, were never rendered. Therefore, the processing of the case needs to strictly adhere to the regulations governing the current accusatory system.
«New Parliamentary Immunity»
Additionally, the Public Ministry argued that, since Calisto had already been stripped of immunity by both the Coyhaique Court of Appeals and the Supreme Court—through rulings that are firm and executed—it is not appropriate to request a new immunity stripping.
«Our legislation establishes a singular process for both deputies and senators, and there are no separate procedures based on whether one is a deputy or senator. This is because parliamentary privilege is the same for both since it protects parliamentary functions,» the Public Ministry articulated.
In this case, besides Calisto, Roland Andrés Cárcamo Catalán and Felipe Ignacio Klein Vidal were also charged. The investigation timeline was set for 120 days following the formalization hearing held on January 14 in Coyhaique.
The investigative actions in this case have been conducted with the support of the Economic Crimes Brigade of the Chilean Investigative Police and the Specialized Anti-Corruption, Money Laundering, and Internal Integrity Unit (UNAC) of the National Prosecutor’s Office.
We will continue to provide updates.