June 12, 2024 – 16:54
The defense of Cintia Bazán, the woman who is accused of covering up the sexual abuse that a girl allegedly suffered, today requested her release. This was stated by Bazán’s defense lawyer, Fernando Alfaro, in the jurisdictional control hearing that was held in the Guarantee Control Court. Before the Judge of Control of Guarantees No. 3, Lucas Vaccaroni, and the Prosecutor of Instruction No. 1, Yésica Miranda, the lawyer Alfaro requested that the detention of his assistant be ordered to cease.
In his arguments, Alfaro pointed out that the preventive detention that Vaccaroni issued against Bazán “is not firm.” According to him, “she continues as an illegitimate detainee because there is not and does not exist an interlocutory order and firm decree ordering the arrest” of the suspect.
For the defender, Bazán is detained “due to the non-existence of a crime that has just been declared by the Chamber of Criminal Appeals and Exhorts. Or at least, in the worst case, there is no well-qualified crime for my assistant to continue being deprived of her freedom.”
Finally, he considered that the restriction of Bazán’s freedom is being prolonged “under a deficient accusation”, something that “has already been declared by the Court of Appeals.”
Then, it was the turn of the representative of the Public Prosecutor’s Office (MPF). Miranda, for his part, requested that jurisdictional control not be made. Among her reasons, she highlighted that “the Court of Appeals did not resolve the merits of the issue. Furthermore, in his interlocutory order, he states at the end that the accused (by Bazán and Enzo Morales) maintain their legal situation that precedes them.”
He also emphasized that “the procedural danger continues since the defense did not propose any other act that would vary these extremes of procedural danger that, at the time, were warned by the Public Prosecutor’s Office. Therefore, this procedural danger did not cease and it did not change then.”
After listening to the parties, Judge Vaccaroni established an interim period and will announce the verdict with the reasons next Friday.
Resolution
On Friday, April 5 of this year, El Ancasti announced that the Court of Appeals, made up of judges Elena Berrondo Isí, Juan Rosales and Edgardo Álvarez, decided to “declare ex officio the absolute nullity of the record and resolution of preventive detention.” that Judge Vaccaroni had dictated. However, the defendants maintain their status as deprived of liberty. The Court, when analyzing the claim and the file, within the framework of its jurisdiction, carried out a control of the judicial process. In this way, inaccuracies were noted and the file was sent to the Prosecutor’s Office so that it could be corrected and the accused investigated again.
The accusation made by the Public Prosecutor’s Office against Bazán is related to the type of cover-up for personal favor due to failure to report. “It is evident that in the typical action indicated, only those people for whom the law imposes a strict obligation to report can be perpetrators of the crime, either because the illegal act came to their knowledge in the exercise of their duties, or because also those people who have the character of officials who have the obligation to promote the criminal prosecution of crimes,” the Court indicated in the foundations.
Case
In 2020, in the middle of the pandemic, Morales was denounced for insulting a girl. Appropriately, he was charged with “continued simple sexual abuse double qualified, in ideal competition with promotion of aggravated corruption of minors”, “continued seriously outrageous sexual abuse double qualified” and “sexual abuse with continuous carnal access double qualified”.
In both cases, in an ideal competition with “promotion of aggravated corruption of minors”, as author.
Meanwhile, Bazán was charged with “concealment aggravated by personal favor.”
#Argentina
