The TSJ confirmed the conviction of a man for sexual abuse and warned the Chamber for keeping him free

The TSJ confirmed the conviction of a man for sexual abuse and warned the Chamber for keeping him free
The TSJ confirmed the conviction of a man for sexual abuse and warned the Chamber for keeping him free

The Criminal Chamber of the Superior Court of Justice of the Province of Córdoba (TSJ) rejected an appeal for cassation filed by the defense of an accused and confirmed the sentence of eight years in prison as the perpetrator of the crime of qualified seriously outrageous sexual abuse ( art. 45, 119 fourth paragraph, inc. b based on the second paragraph of the Penal Code), issued by the Criminal and Correctional Chamber of the Fourth Nomination of the city of Córdoba.

However, the TSJ drew attention to the procedural situation of the convicted person, since the chamber, at the time of the conviction, decided to maintain his status of freedom until the sentence becomes final.

In particular, he recalled the constant jurisprudence of the Criminal Chamber, according to which the issuance of the conviction has a relevant value in the analysis of the procedural risk that justifies the deprivation of the accused’s liberty.

In this sense, the TSJ highlighted that this is the most important moment of the process, since after the oral and public trial a material response is provided to the criminal claim; to such an extent that the legislation assigns interruptive effects of the term of prescription and makes it a criterion to order the cessation of the maximum count of preventive detention.

Likewise, he highlighted that this is the moment of greatest emotional impact and frustration for the accused to be separated from the case. “It is quite reasonable to consider the delivery of the sentence itself, especially when a penalty of effective compliance of a medium or greater amount is imposed, as an indication of procedural dangerousness due to risk of flight,” said the TSJ.

In this way, the High Body warned that the issuance of the sentencing sentence drastically modifies the procedural situation of the person who was judged free and acquires relevant weight to justify the imprisonment of the convicted person, although that decision has not become final. He also considered it a true contradiction that the act of greatest importance for the process has the same treatment as a mere imputation.

In the case, he also noted that it was an eight-year prison sentence for crimes against sexual integrity against a girl, a matter in which there is a state obligation of reinforced due diligence.

For all these reasons, the Criminal Chamber of the TSJ recommended to the chamber that, in the future, at the time of sentencing and in the same hearing, the Public Prosecutor’s Office (MPF) be consulted beforehand so that it can rule on the measure of coercion. under functional and personal responsibility. It also ordered that the MPF, if it deems the measure unnecessary, express the reasons and propose the pertinent precautions, with substantiation for the defense.

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