Paying not to go to prison, what is comprehensive reparation about in the San Juan prosecutor’s office?

Paying not to go to prison, what is comprehensive reparation about in the San Juan prosecutor’s office?
Paying not to go to prison, what is comprehensive reparation about in the San Juan prosecutor’s office?

There are more and more cases in the Justice of San Juan in which the alternative to the investigation and subsequent trial with conviction is comprehensive reparation. These are cases that are resolved, but without conviction, and in which the accused, or accused, pays money to the victim so as not to receive a sentence that takes him to jail. In recent times, there have been three cases with these resolutions: one for injuries, another for damage and another for fraud.

The prosecutor rapporteur of the Public Prosecutor’s Office, Rolando Lozano, explained to HUARPE DIARY that comprehensive reparation is one of the many alternatives offered by the comprehensive adversarial system, such as conciliation or suspension of a trial, to end the process and not continue with the investigation or subsequent trial that may lead to an acquittal or conviction.

“It is a tool for both the victim and the perpetrator. What the victim wants is to recover the money that she lost with the crime and for the case to end there, meanwhile, the perpetrator wants to avoid a conviction and go to jail,” explained Lozano.

This is possible due to the paradigm shift in criminal justice. Before, the old system wanted to resolve the case with an acquittal or a conviction, now the new justice system seeks a solution to the conflict that is generated after the complaint, according to Lozano.

It should be noted, not to be insignificant, that comprehensive reparation can only be given with a series of crimes such as damage, theft or robbery, fraud or injuries. And there are other crimes that are not complemented, for example, a robbery aggravated by the use of a firearm or a fraud against the public administration, committed by a public official, according to the regulation of the standard.

Injuries

A month ago, a man reported that he was beaten by the ex-partner of a woman he was dating. The aggressor waited for him at the entrance to the victim’s work and once he found him, he hit him in the head and ribs. After being charged, and in order not to be convicted, the individual agreed to pay the victim $30,000, in two equal installments. This had the approval of the UFI Generic Crimes and the victim himself.

Damage

Another case that was resolved with a comprehensive repair was the cause of damages. According to this media, a man broke another man’s car after having an altercation. After much back and forth, the defendant agreed to pay $800,000 to fix the vehicle.

Scam

Gastón Alaniz was accused by Miguel Ortiz of fraud. The suspect had sold him a motorcycle and had asked him to pay a sum of $170,000, which the victim executed. However, once this occurred, Alaniz pointed out that the money did not enter Mercado Pago and disappeared, without answering the victim’s messages and calls. His lawyer Mario Moran, at the formalization hearing, asked the prosecutor Eduardo Gallastegui and the victim to return the money with interest, about $200,000.

Both the victim and the UFI Computer Crimes and Scams accepted the full reparation. And this was a relief for the accused, since because he had a conviction for another act, he avoided going to jail.

 
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