The Attorney General has denounced the existence of barriers that prevent white-collar crime and in particular corruption within the state from being pursued effectively.
Friday, September 30, 2016
The authorization from a judge for a case of public documents to be opened as part of an investigation, and the adoption of appeals even when the law states that they are not appropriate, are some of the legal obstacles that delay the processing of cases of white collar crime.
Elmundo.cr reports that Chavarria said that before the deputies of the Legislative Assembly: "...It is a lie that we have a modern judicial system. That is not so and teachers in the Faculty of Law lie and challenge me to prove I'm not lying.In the classes they give on lawthe teach what ought to be, but in reality something completely different happens, this is an inquisitorial system with absolute control and verging on the arbitrariness of the judges."
As an example of the absurd practices that judges allow, Chavarria said that"..."You have to ask a judge to open those boxes in order to have a control over an individual's right to privacy, when they are public documents and if you do not ask the judges for that authorization, the evidence is dismissed and therefore it can not be used in a penal process'.Chavarria said that it is precisely this attitude of judges, dismissing evidence if it is opened without authorization from a judge, which is not supported anywhere and he said that judges in Costa Rica have been taking this and other measures arbitrarily."
A few weeks before the new magistrates of the Constitutional Court take office in Guatemala, the business sector is asking that the new members of the highest court advocate for a real rule of law and provide legal certainty to investments.
In recent years, Guatemala's Constitutional Court (CC) has gained prominence in the country's economic sphere, as its rulings have affected different investments that were already operating locally.
Supported by greater growth in the US economy, better monetary conditions and a moderate boost in government spending, growth should accelerate gradually until it reaches a rate of 3.6% in 2019.
The mission of the International Monetary Fund (IMF) recognizes the macroeconomic stability that has been achieved, but warns of a need to approve a fiscal reform that allows the tax burden to be increased to at least 15% of GDP, and allocate that additional income to public investment, especially in social development, particularly pre-primary education, preventive health care and greater pension coverage.
The union of private companies is promoting a reform that allows strengthening of the administration of justice and ensures the independence of judges and prosecutors.
From a statement issued by the Chamber of Commerce, Industries and Agriculture (CCIAP):
A bill approved in the Legislative Commission creates a register of shareholders to which the tax authority would have unrestricted access.
The main objective of the project against tax fraud is to enable the Directorate General of Taxation to seize the assets and bank accounts of taxpayers classified as delinquent, under the order of a judge.The embargoes could be extended for a period of up to two years.
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