In Full Room of the Supreme Court of Justice (TSJ), it was decided with a presentation by Judge Juan Luis Ibarra Verenzuela, that the analysis of the proceedings that make up the trial against Julio Andrés Borges Juyent makes evident that there are elements that compromise his responsibility in the flagrant commission of the crimes of: continued public incitement; treason to the Homeland; intentional homicide in degree of frustration against the citizen Nicolás Maduro Moros, President of the Bolivarian Republic of Venezuela.
All these offenses detailed and sanctioned in article 285 of the Penal Code; in article 128 of the Penal Code; in article 405 concatenated with article 406 numeral 2 of the Penal Code in relation to article 80 ejusdem.
The TSJ orders that, being that this procedure is flagrant, and in accordance with decision No. 1684 of November 4, 2008, of the Constitutional Chamber of the High Court, the preliminary hearing of Julio Borges, a deputy before the National Assembly, is not applicable, a reason why his prosecution corresponds to the ordinary courts in criminal matters, according to the provisions of article 378 of the Organic Code of Criminal Procedure and orders the immediate detention of the assembly member, based on article 116 of the Organic Law of the Supreme Court.
Also, the sentence dictates that he has responsibility in the flagrant commission of the crime of qualified homicide executed executed with treachery and for futile reasons in degree of frustration against citizens Cap. José Del Valle Núñez Martínez, Ptte. Benny Ortíz, Lt.. Luis Molina, S/I Darwin Moreno, S/I Jesús Gómez, Cad/3 AmGNB Víctor Hernández and Cad/2 Atm of the Army, Lizneidy Guerrero, and the crimes of Terrorism, Financing of Terrorism and Association for committing crime, foreseen and sanctioned in articles 52, 53 and 37 of the Organic Law Against Organized Crime and Financing of Terrorism, respectively.
The decision orders to send a copy of the sentence to the citizen general prosecutor of the Republic, Dr. Tarek William Saab.
