The sentence in which the judge of Special Instruction, Alejandro Moscoso Segarra, granted the decision of “No Ha Lugar” (petition denied) in favor of the Senator for San Juan de la Maguana, Felix Bautista and another six defendants for alleged money laundering and corruption, can be appealed in two ways. In the first place, an appeal can be filed for an annulment, according to jurist Candido Simon Polanco. The lawyer believes that since the judge ordered the annulment of the process, alleging double jeopardy, he considers that penal action has ended, which leads to an annulment. In this case the appeal should be filed in the Secretariat of the Supreme Court of Justice so that the plenary will be the ones to hear the case. The appeal, explains the lawyer, would apply to Senator Bautista, as well as to Jose Elias Hernandez Garcia, Bolivar Antonio Ventura Rodriguez, Carlos Manuel Ozoria Martinez, and Gricel Aracelis Soler Pimentel, against whom the judge decided to annul the accusations.
In the case of defendants Soraida Abreu Martinez and Bienvenido Apolinar Breton Medina, this sentence should be appealed by means of recourse before the Supreme Court. In the same manner as the previous case, the appeal must be deposited at the Secretariat of the Supreme Court, and should be heard by the Penal Chamber of that court. Simon Polanco also believes that this sentence can be attacked before the Constitutional Tribunal, demanding its annulment because, he says, Judge Moscoso Segarra exceeded the one-month deadline for presenting the decision. The magistrate reserved the decision on 26 February and revealed the decision on 27 March. The Attorney General of the Republic has five working days to appeal, expiring on Tuesday.
http://www.diariolibre.com/noticias/2015/03/30/i1077661_sentencia-moscoso-segarra-puede-apelar-por-doble-dice-abogado-cndido-simn-polanco.html