The Second Court of Justice denied an incident of controversy presented by the defense of the former president of the board of directors of the Riccardo Francolini Savings Bank, against the investigation carried out by the Special Anticorruption Prosecutor for the payment of bribes through Odebrecht .
In a ruling dated December 13, 2018, under the testimony of Judge María de Lourdes Estrada, the court declared inadmissible the incident presented by Francolini, alleging that the prosecution violated due process by not providing copies of several volumes of the Odebrecht file.
The magistrate justified her decision in that the incidents of controversy are not appealable when they have been denied in the first instance by the corresponding court.
This incident had been denied in October 2018, in the first instance, by the twelfth criminal judge, Óscar Carrasquilla .
To support her argument, the judge refers to jurisprudence that has been dictated by the Supreme Court of Justice through its rulings.
He cites a ruling of January 4, 2016, delivered by the Criminal Chamber, and another of June 12, 2017, issued by the Second Court of Justice, in which it was declared that there is no appeal when the controversial incidents do not they are admitted in the first instance.