COPP: Libertad de ciudadanos no puede estar en manos del Ejecutivo.

Reportaje de Adriana Chirinos y Rodolfo Mondolfi

El Carabobeño, 14 de junio, pág A-9– Jueves, 14 de junio de 2012

Sin ser discutida públicamente fue aprobada la reforma del Código Orgánico Procesal Penal (COPP) por la Asamblea Nacional (AN). Los cambios fueron emitidos a través de un decreto ley del presidente Hugo Chávez, bajo el poder Habilitante que el órgano le otorgó en 2011 por emergencia a causa de las lluvias. Aún no ha sido publicada y se desconoce el fondo de los cambios.

Para el abogado especialista en Derecho Penal, Alberto Arteaga, fue sorpresivo que la noche del martes fuese aprobada la reforma aunque era conocida la modificación de la norma. “La libertad de los ciudadanos no puede estar en manos del Ejecutivo y eso ha pasado al dictar un decreto ley sin consulta ciudadana”.

Que un código que regule la libertad de los ciudadanos se modifique por el Presidente y no mediante la AN como establece la Constitución es inadmisible para el docente de la Universidad Central de Venezuela (UCV). “No conocemos el contenido de esa norma tan sensible”.

El problema de la justicia penal que atraviesa el país, sostuvo el especialista, no será resuelto por los cambios en la norma. “Esta es la sexta reforma. El problema está en el funcionamiento de los órganos encargados de la administración de justicia”.

Entre los puntos que maneja la reforma, alerta el abogado, se encuentra la posible eliminación de los tribunales mixtos (conformados por un juez y dos ciudadanos -escabinos). Sustenta que la participación de los ciudadanos en la justicia está plasmada en el artículo 253 de la Constitución.

Arteaga agregó que el derecho de ser oído es irrenunciable y que se prevé que, ante la rebeldía de comparecer al juicio, el caso pueda avanzar pues equivaldría a una renuncia al derecho de ser oído. Considera que el que se manejen casos con penas que no excedan los 8 años por entes municipales podría ser bueno en la teoría pero poco probable de practicar. “Cuando una persona incurra en un hecho delictivo se le debe hacer un proceso adecuado para que resulte aleccionado y perciba la acción de la justicia por los hechos que realizó”.

TSJ: Celebramos la reforma del COPP 

La presidenta del Tribunal Supremo de Justicia (TSJ), Luisa Estella Morales, espera que la reforma conlleve un cambio positivo. “Desde el TSJ celebramos la reforma del COPP”, expresó.

Morales indicó que cualquier abogado conoce la situación de retardos e indefensión de procesados y de las víctimas que existía en el país por la normativa legal vigente. “Ello representaba una inquietud de los organismos vinculados al sistema de justicia venezolano”.

La magistrada manifestó que la reforma firmada por el presidente Hugo Chávez representa una adecuación del COPP a las necesidades reales del pueblo venezolano y a la aplicación actual de las normas penales.

Se dirigió a quienes han criticado la nueva normativa legal sin conocer cuáles han sido los cambios de fondo que se realizaron. “Para poder dar una opinión hay que esperar a ver el texto”.

“Deplorable que se haya hecho por vía Habilitante” 

La también magistrada del TSJ, Blanca Rosa Mármol de León deploró la aprobación en Consejo de Ministros del nuevo Código y calificó de lamentable que se aprobara vía Habilitante. La juez criticó que se achaquen todos los problemas de la justicia al código derogado.

Similar apreciación tiene el diputado de la AN, Stalin González, rechazó que la reforma se apruebe sobre la base de una Ley habilitante otorgada para atender emergencia por lluvias. Sostuvo que es en el hemiciclo donde deben darse los debates según los artículos 156, 187 y 204 de la Carta Magna.

El legislador miembro de la Comisión de Política Interior de la AN, destacó que por desconocer el fondo de la norma, los diputados de la alternativa democrática critican la forma en que fue aprobada, mediante decreto presidencial.

Rechazo de estudiantes y juristas 

Estudiantes de Derecho de la Universidad Central de Venezuela (UCV) rechazaron la aprobación de la reforma del COPP. Francisco Matheus, secretario general del Centro de Estudiantes de Derecho de la UCV, indicó que entre las reformas del Código ocurrieron dos cosas importantes a destacar. Una de ellas es la eliminación de los escabinos, que forman parte del Poder Ciudadano dentro de la administración de justicia venezolana. “Con esta eliminación queda por fuera la participación de ciudadanos comunes”.

Graterol espera que no sea condenada la juez Afiuni 

El abogado José Amalio Graterol, señaló que espera que la reforma no tenga la finalidad de condenar a la juez María Lourdes Afiuni. El abogado aseguró que la aprobación del COPP a través de la Ley Habilitante lo que hace es “desfigurar el sistema acusatorio venezolano.

Gómez Sigala descarta que agilice procesos judiciales 

El diputado Eduardo Gómez Sigala, consideró que la recién anunciada reforma del Código Orgánico Procesal Penal (COPP), no agilizará los procesos judiciales en Venezuela. Reiteró que esta decisión es contraria a la Constitución ya que el instrumento es parte de la reserva legal.

Varela: Justicia actuará de manera expedita 

De acuerdo con la ministra para Asuntos Penitenciarios, Iris Varela, con el nuevo Código que entrará en vigencia el 1º de enero del año 2013, los juicios no se detendrán y de esa manera la justicia podrá actuar de manera expedita y evitar los retardos procesales.

Estado dispondrá de bienes de prófugos

La procuradora General de la República, Cilia Flores, informó que entre las reformas hechas al COPP, señala que quienes hayan cometido delitos graves y estén prófugos, el Estado podrá disponer inmediatamente y de manera definitiva de los bienes, porque se considerarán abandonados por el solicitado. “En el caso de los prófugos, para los delitos graves no prescribe la acción y con respecto a los bienes incautados el Estado puede disponer de ellos”. Pese a que la Constitución prohíbe los juicios en ausencia, la reforma abre las puertas a esto. “No puede una de las partes unilateralmente impedir la administración de justicia”, dijo. “El que se niegue a comparecer, que es lo que ocurre muy a menudo, no se paralizará y continuará con su defensor si asiste, si el defensor no asiste se entenderá que abandona la defensa, y se le nombrará su defensor público”. Flores precisó que entrará en vigencia el lunes 18 de junio cuando sea publicada. En el caso de los tribunales municipales, previstos en la nueva ley, entrarán en vigencia el 01 de enero de 2013, y la eliminación de los escabinos será de aplicación inmediata, tras su publicación en Gaceta Oficial. (RM)

El Carabobeño, 14 de junio, pág A-9

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