The case of Melisa Palacios continues to capture attention in Guatemala, especially after the recent retraction of María Fernanda Bonilla and José Luis Marroquín Regarding the acceptance of charges against him.
Initially, Bonilla was accused of homicide and coach of cover -up. Among the turns that has taken the case, the first judge changed crimes shortly after being processed.
The defendant has even given the statement that her crime should not be considered murder, but homicide in a state of violent emotion.
The crime of palaces and the role of Bonilla
Melisa Palacios disappeared on July 4, 2021 After leaving your home in San Jorge, Zacapa. His Body without life It was found the next day in a sector of Hondo River, Zacapa.
Even though still The exact reasons are unknown that led Bonilla to commit the crime, the Public Ministry It has key evidence to accuse her of having killed Palacios.
It has been revealed that the July 3, 2021, María Fernanda Bonilla He had a conversation at WhatsApp with his bodyguards, José Luis Marroquínin which They planned to take Melisa Palacios to a separated place Where, as discussed in an audio, they would end their life.
However, the Judge José Maximino Morales Gonzálezwho initially knew the case, determined that the conversation should be analyzed in a broader context.
This decision led to modify the typification of the crime to Homicide in a state of violent emotioninstead of murder, in the case of Bonilla.
@abogadacaCasgt Agenda your appointment to WhatsApp 53237665 #AbogadacaCastellanos #AbogadacaCastellanos #Right #Guatemala🇬🇹 #AbogadacaCasgt #AbogadaentikTok #Abogadospenalistas #Abogadapealista ♬ Original Sound – Lawyer Castellanos
Both defendants had accepted the charges Previously, but the January 14, 2025 decided to change their positionwhich has prolonged the judicial process for the death of Melisa Palacios.
At what stage is the case?
Since the year 2022 The judge in charge is Juan José Regalado Rivas. The Intermediate stage audience was scheduled for the March 12, 2025 at 9 am in it Criminal First Instance Court on duty of Chiquimula.
Nevertheless, The audience was suspended due to a Recusation presented by the victim’s institutewhich represents the family of Palacios.
This legal action was derived from the retraction of Fernanda Bonilla in the acceptance of charges, which generated a procedural conflict.
According to the Lawyer Nidia Castellanosbefore the audience can be reprogrammed, the challenge must be resolved. In the Intermediate hearing will be defined if the case will go to trial and under what qualification of the crime.
The lawyer of the victim’s institute, Juan Carlos Aquilhe explained that, according to the legislation, When the defendants retract from the position of acceptance of charges, the judge who knows the retracting should not continue with the process. This motivated the request for challenging to separate the judge from the case.
What is a challenge and what are its implications?
The challenge is a legal mechanism what are you looking for turn a judge from a case When there are doubts about your impartiality.
In this case, the challenge was presented on March 12 by Aquil, arguing that the Court should be inhibited to continue knowing the process.
Although the judge accepted the partially challengingallowing Another judge of the same court knew the casethe victim’s institute requested that the process be elevated to the court of the Court of Appeals. Now, it will be this entity that determines who will continue to know the judicial file.
Castellanos explained that this type of challenge can significantly delay the processes, since Until a new judge is designated, the case remains in suspense.
This new process will lead to a fourth judge Know and resume the case for the Death of Melisa Palacios in 2021.
⚖️ The intermediate phase audience for the death of Melissa Palacios was suspended. The lawyer of #Avictima InstituteJuan Carlos Aquil explained that at the previous hearing the defense retracted from the procedure of the law of acceptance of charges. 🧵 pic.twitter.com/bt9mhktuky
– Victim Institute (@idv_gt) March 12, 2025
When will the audience be reprogrammed?
According to him Article 65 of the Criminal Procedure Code of Guatemalathe resolution must occur within a period of between 24 hours and six daysdepending on the phase in which the process is found.
However, lawyers consulted indicate that, In practice, these procedures can take between one and two monthsaccording to the workload of the courts and the complexity of the case.
Lawyer Aquil said that the victim’s institute will continue to exhaust all the legal instances necessary to ensure that justice is done by the death of Palacios.
The challenge presented has suspended the intermediate stage hearing, and is now waiting for the Court of the Court of Appeals to designate a new judge.
Meanwhile, the victim’s family continues with his clamor of justice.
The resolution of this controversy will define the future of the case and the possibility that Fernanda Bonilla in front of a trial under the typification requested by the Palacios family.