j)
These shall subsequently be entered into the record and added to the case
file;
k) The proceedings to determine liability are exempt from any type of tax
payment;
l) The proceeding shall move forward at the request of a party or of the Jury’s
own accord.
Article 31. The Jury shall render a final judgment within a period of 30 days from the
time the procedural decisions are enforceable and within 180 days from the start of
the trial.
The Jury’s decision may consist of only removal or acquittal of the accused party.
In the case of removal, said decision shall be communicated to the Chambers of
Congress, the Supreme Court of Justice, and the Council of Magistrates.
The Jury shall decide on the costs of the proceeding.
Article 33. In addition to an appeal for reversal and clarification against the final
verdict of the Jury, an action of unconstitutionality may also be brought, which shall
be decided on by the Court sitting en banc.
B. Alejandro Nissen Pessolani’s appointment and his performance as
Criminal Prosecutor
29. Mr. Nissen Pessolani was appointed Criminal Prosecutor by Decree No. 542 of July
15, 1999, issued by the Supreme Court of Justice. On November 4, 1999, by means of
Certified Document No. 700, he was appointed Criminal Prosecutor of the Public
Prosecutor's Office by the Council of Magistrates. On April 23, 2001, by Order No. 410,
the Attorney General of the State appointed him as Public Prosecutor in charge of the
Criminal Offenses against the Public Treasury. Prosecutor Nissen Pessolani was not part
of the Anti-Corruption Unit,12 although he did investigate acts related to the illegal
trafficking of stolen vehicles involving high-ranking public sector officials.
B.1. Case No. 1534, "[B.V.] et al. on tax evasion, extortion, et al."
30. According to the alleged victim's statement during the public hearing,13 this case
was initiated as a result of a newspaper article that caught his attention and motivated
him to begin an investigation into the alleged sale to the Presidency of the Republic of a
car that was stolen in Brazil. He indicated that, at that time, during the administration
of Attorney General A.C.V. (1996-2000), "I would inform him, and he would grant me
authorization to investigate." Subsequently, this case was admitted through the
reception desk and was titled "[B.V.] et al. on tax evasion, extortion, et al." and
12
The foregoing is evident both from the witness statement given before a notary public by Matilde Elena
Moreno Inrigotia on April 29, 2022 (case file of evidence, folio 4192) and from the alleged victim's own
statement during the public hearing where she indicated, in response to a question from one of the judges:
"In my journey through the Prosecutor's Office [...] I was first appointed regular prosecutor, that is what it is
called, then the Prosecutor General of the State appointed me, apart from that ordinary work, specialized in
punishable acts against the public treasury and then also in punishable acts against drug trafficking." In the
same speech, he indicated that the corruption investigations were carried out on his own initiative in response
to "a commitment that I assumed, that I swore to do when I was assigned as prosecutor."
13
At the public hearing, in response to a question from one of the judges, the alleged victim indicated "case
1534 was initiated as a consequence of the investigation of the stolen car of the President of the Republic, that
case or that investigation or that fact, that noticia criminis as it is called, that news arose from a newspaper
publication that caught my attention and I began to investigate." Likewise, in his testimony by affidavit, former
State Prosecutor General Oscar Germán Latorre stated that "the most emblematic case that Alejandro Nissen
had was the investigation for the sale to the Presidency of the Republic of a BMW car stolen in Brazil, which
did not have public officials as suspects, but rather those who sold the car" (Testimonial declaration rendered
before a notary public by Oscar Germán Latorre Cañete on April 29, 2022, case file of evidence, folio 4207).
10