The Public Ministry (MP) reported that it will appeal the resolution of the Second Criminal Court, headed by Judge Mario Hichos, which granted substitute measures to Pedro Alejandro Duque Sotoaccused in the case for the alleged embezzlement of Q20 million from the National Mortgage Credit (CHN).
The MP indicated that the case carried out by the Prosecutor’s Office against Organized Crime remains confidential, so it is not possible to provide further details.
The resolution was issued on June 10 during a hearing to review the coercion measure in which Duque did not appear and was represented by his defense. The proceedings took place behind closed doors due to the judicial confidentiality of the case.
Among the measures imposed by the judge are house arrest in San José, Pinula, in the department of Guatemala, the use of a telematic monitoring device, the prohibition of leaving the country without judicial authorization and the payment of a financial bond equivalent to 1% of the amount that, according to the investigation, would have been defrauded from the state bank.
The MP indicated that during the hearing he opposed Duque benefiting from substitute measures and that he will now appeal Judge Hichos’ decision.
“It is considered important to specify that the Public Ministry expressed its opposition to the modification of the coercive measure during the hearing. Likewise, the corresponding legal actions will be taken, in accordance with the law, to appeal the resolution issued by the judge,” indicated the investigating entity.
During the proceedings, the MP, the Attorney General’s Office and the CHN argued before the judge that the circumstances had not changed for Duque to be released from preventive detention.
The MP and the supporting plaintiffs pointed out to the judge that the accused did not prove that he had a habitual residence or an established place of work, circumstances that, in the opinion of the investigating entity, prevented the granting of a substitute measure from being considered viable.
Despite these arguments, the judge decided to grant substitute measures in favor of Duque during a hearing held on June 10. The procedure was carried out behind closed doors due to the judicial confidentiality of the case.
The MP stated that he did not agree with the resolution issued, since, from a fiscal perspective, the procedural risks that justified maintaining preventive detention persisted.
What happened to Pedro Duque?
Duque remains linked to criminal proceedings for the possible commission of the crimes of continued personal fraud, laundering of money or other assets and illicit association.
According to the investigation by the MP’s Prosecutor’s Office against Organized Crime, Duque is the alleged leader of a structure that would have stolen Q20 million from the CHN through the use of cardboard companies, irregular banking procedures and authorized extra financing without internal controls.
According to the investigation, this structure had an operating arm made up of four people within the bank, who facilitated the illegal procedures.
According to the Public Ministry, between January and March 2024, loans of up to Q400 thousand per person were approved, despite the fact that the beneficiaries did not have the economic profile to access those amounts.
The investigation also indicates that a company linked to Duque would have acquired high-end vehicles without adequate financial support.
Pressures denounced by the judge
On March 2, 2026, Judge B of the Second Criminal Court, Mario Hichos, reported having received calls and messages after the capture of Pedro Alejandro Duque Soto, accused by the MP of participating in the alleged embezzlement of millions from the National Mortgage Credit (CHN).
During the hearing, the judge made public record that his cell phone “has not stopped ringing” since the weekend after Duque’s arrest.
“I would like, Don Pedro, to state that you are a very dear person, apparently. During the weekend my cell phone has not stopped ringing. I even had to turn it off,” said Hichos during the hearing.
The judge pointed out that these calls and messages, far from benefiting the defendant, harmed him, and warned that, if attempts to influence the process continued, he would notify the Public Ministry. Furthermore, he indicated that the prosecutor’s office was already aware of what happened.
Duque’s insistence to get out of prison
This was the second time in less than two weeks that Duque requested a review of the coercive measure to regain his freedom. On May 26, the same court rejected a similar request and maintained preventive detention against Duque and two others involved in the case.
On that occasion, the judge declared inadmissible the appeals raised by Duque’s defense, María Fernanda Segura and William Rocael López Trigueros, two alleged operators of the structure.
Segura is investigated for alleged personal fraud, money laundering and illicit association. López continues to be prosecuted for the crimes of continued personal fraud, money laundering, illicit association and use of falsified documents.
The other defendants in the CHN case
According to the Prosecutor’s Office against Organized Crime, in this case 11 people were linked to criminal proceedings and nine of them have already benefited from substitute measures.
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Syndicated in CHN case
- Ana Gabriela Morales Ávilaby continuous self-fraud, laundering of money or other assets, illicit association and use of falsified documents. He is in preventive detention.
Defendants under house arrest
- Luis Fernando Felaez Guerra and Gustavo Adolfo Varela Martínezfor abuse of authority.
- Pedro Luis Guamuche García He will face criminal proceedings for continuous personal fraud, abuse of authority and illicit association, while María Fernanda Segura will do so for the same crimes.
- Alex Omar Solís Salguero flinked to proceedings for embezzlement by continuous theft, continued personal fraud and illicit association.
- Silvia Sánchez Ochoafor illicit association and continuous fraud. While Erick Fernando Arevalo He is investigated for illicit association, abuse of authority and personal fraud on an ongoing basis.
- In the case of Sofia Carmen Lamis investigated for abuse of authority, and was found to lack merit for the crimes of illicit association and personal fraud.
a fugitive
- Furthermore, there is a fugitive from justice: Sven Resenhoeft Greenbergformer general manager of the CHN.
