There will be no postponement. The Roca Judicial Office confirmed that journalist Emiliano Gatti will go to trial starting next May 15 for facilitation and possession of images of child sexual abuse after the Superior Court of Justice (STJ) rejected a defense appeal to access a “probation.”
After receiving a new judicial setback from an Impeachment Court, Defense lawyer Marcelo Hertzriken Velasco decided to appeal to the STJ to request that his client access a suspension of trial on probation. and in this way avoid the trial by which he could be sentenced to a sentence that starts from 4 years in prison.
But April 23, the province’s highest judicial body once again ruled against Gatti By maintaining that “the complaint cannot succeed because it does not refute what was stated in the denial, a formal defect that prevents the authorization of the instance,” the judges indicated.
“He TI has denied such exceptional assumption because it believes that a
assumption of arbitrariness of sentence in the terms of inc. 2nd of art. 242 of the ritual law
“that justifies the intervention of this Corps that is claimed,” the magistrates agreed to point out.
They pointed out that Gatti is charged with the following crimes: facilitation of images of child sexual abuse (50 incidents), aggravated by the age of the victims (under 13 years of age), in an ideal contest with possession of images of child sexual abuse (50 incidents), aggravated by the age of the victims (under 13 years of age); both in real competition with possession for unequivocal purposes of distribution (50 facts), as author (arts. 45, 54, 55 and 128 first, second, third and fifth paragraphs of the CP). And along these lines they highlighted the refusal of the Public Prosecutor’s Office to access probation since these crimes have a minimum penalty that exceeds three years in prison.
«Consequently, based on the aforementioned order, under no circumstances could the benefit initiated prosper. (cf. art. 76 bis first, second and fourth paragraphs CP),” they maintained.
Consulted this morning, the lawyer Hertzriken Velasco himself confirmed that They have already filed the appeal for the request to be analyzed by the Supreme Court of Justice of the Nation (CSJN).
Mindful that it has already been elevated to the CSJN, The defender had requested the Roca Judicial Office to suspend the trial, measure that was finally rejected. Faced with a review proposal, the Head of the Judicial Offices confirmed the decision to advance the process.
In this way, the trial against Emiliano Gatti will take place on the days May 15, 16, 17 and 21. The four days will take place from 9 a.m. to 2:30 p.m. and the court will be composed of judges Luciano Garrido, Verónica Rodríguez and Emilio Stadler.
The case
In the middle of In November 2022, the journalist was detained in a case for possession of images of child sexual abuse. The procedure was carried out in parallel with two other operations in the cities of Cipolletti and Bariloche.
On May 8 of last year, charges were brought against him in accordance with the accusation of prosecutor Andrés Nelli, who accused him of possession of images of child sexual abuse and for being an alleged member of a network that distributes this type of content.
He is accused of committing repeated crimes in 50 incidents; in all cases aggravated by the age of the victims, under 13 years of age. In that instance, the Guarantee Judge Julio Martínez Vivot granted and declared the charges formulated.
What is probation?
The Probation – whose correct name is “trial suspension” – is an alternative that the law allows for some criminal offenses.. In order to be applied, The prosecution must give its consent, something that did not happen in this investigation. When a judge admits it, the accused person can submit to rules of conduct and assume commitments, financial reparations or disqualifications for a certain period in exchange for leaving the process against him or her “on hold.”
If during that time you meet all guidelines, the case is closed. But if any non-compliance is verified, the process is reactivated to go to trial.
