WE ARE LOOKING FOR EFFECTIVE AND PRAGMATIC WAY THE BEST RESULT FOR OUR CLIENTS.Success in criminal law, can mean free absolution after the trial, obtaining provisional liberty with or without bail before trial, dismissal of the case during the investigation process, the best negotiations with the Public Prosecutor, obtaining annulments of the procedure etc. We present below a list of our latest success stories and relevant interventions:
Komi Koutché, Former Minister of Economy and Finance of The Republic of Benin. Extradition annulled
In this case, Chabaneix Lawyers have defended Mr. Koutché from the extradition request made by the authorities of the Republic of Benin for the crimes of embezzlement of public funds, influence peddling and money laundering, among others.
Initially Chabaneix Abogados granted Mr Koutché provisional release and, following a hearing at the Audiencia Nacional, extradition was refused on the following grounds:
The facts reported did not constitute a crime in Spain, so the principle of double incrimination is not complied with.
The order issued by the Benin authorities was fraudulent because it was issued when Komi Koutché was unable to attend the summons.
The court set up to try the case is an exceptional political court appointed by the executive branch to prosecute opponents.
There are documented cases of reprisals against opponents of the Regime and the extradition was intended to politically annul the main leader of the opposition, Komi Koutché.
Luis Chabaneix and his team of lawyers demonstrated in an absolutely convincing manner all these points, which were included in the judicial resolution denying extradition.
EXTRADITION TO ECUADOR. EXTRADITION DENIED.
The Criminal Chamber of the National Court has denied the request for extradition of an Ecuadorian man to his country of origin based on the arguments used by Chabaneix Criminal Lawyers.
On the one hand, the lack of reciprocity was alleged since there was an express prohibition contained in the Ecuadorian Constitution, by which the Republic of Ecuador would be obliged to deny the extradition of a national of said country who had requested ours. On the other hand, it was demonstrated that the claimed person effectively held Spanish nationality.
EXTRADITION TO ALGERIA. “EAST-WEST HIGHWAY” CASE EXTRADITION DENIED.
Our client was arrested on the basis of an extradition request to Algeria in which he was accused of being part of a corruption plot in the construction of the East-West Highway, the biggest political-financial scandal of the last decade in Algeria.
The arrest warrant issued for his prosecution did not specify at what time or what exactly our client’s conduct had taken place. Moreover, when Algeria sent the extra-judicial documents, not only did they continue to fail to specify these fundamental elements, but a sentence was handed down which, without explaining the facts, had sentenced our client in absentia to twenty years in prison.
As a defense, we highlighted the obvious lack of determination of the criminal conduct of which our client was accused, that is to say, that the principle of double jeopardy contained in Article 2 of the Passive Extradition Law was not fulfilled.
Despite the persistent insistence of the Public Prosecutor’s Office, the Audiencia Nacional granted our request to reject the request for extradition to Algeria, precisely because of the formal errors we highlighted.
Extradition to Venezuela: Freedom and archive of the process
A procedure was initiated in the Audiencia Nacional to extradite to Venezuela a young opponent of Mr. Nicolás Maduro. In 2016, in the course of a revolt in which our client was participating, the death of a captain of the Bolivarian National Guard took place; for this reason, an investigation was opened for homicide against several opponents, including our client.
Our client fled to the United States where he was detained, and his deportation to Spain was decreed, due to his dual Spanish-Venezuelan nationality. His family contacted our Office in order to obtain his release as soon as he arrived in Spain; and we did so, obtaining his release after the first hearing before the Audiencia Nacional.
In the course of the procedure in the Audiencia, in view of the fact that Venezuela did not respect the deadline established in the bilateral Treaty to provide the extraditional documentation, we presented a request for the procedure to be filed. In spite of the opposition of the Public Prosecutor’s Office, the National High Court granted our request, all cauteral measures imposed were lifted and the extradition procedure has finally been filed.
OPERATION “TANDEM”. Audiencia Nacional. Criminal group- Commissioner Villarejo. Money laundering. Bribery. Corruption between individuals.
Chabaneix Abogados Penalistas will be in charge of holding the private accusation on behalf of Mr. GABRIEL NGUEMA LIMA, current Minister of Mines and Hydrocarbons of Equatorial Guinea, son of the President of the Guinean Republic Mr. TEODORO OBIANG NGUEMA.
Our client is the main victim of the mediatic cause, followed by the so-called “King Report” allegedly prepared by the former police commissioner José Manuel Villarejo, who on behalf of persons opposed to the succession in favor of our client, and change of very large sums of money, carried out monitoring, illegal investigations, and planting false news in order to discredit our client
EXTRADITION TO CUBA. INTERNATIONAL HUMAN TRAFFICKING NETWORK. EXTRADITION DENIED.
Our client, grandson and son of dissidents of the Castro regime, was arrested pursuant to an extradition request from the Republic of Cuba. He was requested to be tried for allegedly leading an international organization, by virtue of which he facilitated people’s departure from Cuba, taking them illegally to Mexico and the United States. The maximum penalty applicable to the crimes for which he was claimed was life imprisonment.
For this defense, various arguments were put forward to oppose his surrender, focusing on his Spanish nationality as the one actually used, and the non-existence of the principle of reciprocity on the part of Cuba with regard to the surrender of Cuban nationals.
The Public Prosecutor’s Office was at all times contrary to our claims, but in the end the National Court decided to uphold the position of this defense, denying the surrender of our client to Cuba.
EXTRADITION TO PERU
Our client, a renowned physician with several clinics in the Andean country, had received grants from the public administration to upgrade his medical equipment.
In his case, he has used the funds to recruit staff, which was necessary for the operation of the equipment.
Our client was released at the first hearing and after a careful study of the extradition file, the proceedings were closed.