Los general prosecutors From the Federal Chamber of Criminal Cassation they sent a note to his boss, the Attorney General of the nation, Eduardo Casal, in which They predicted “a poor functioning of the justice service” with a new procedural systemthat gives them more prominence, if they do not have the funds necessary
The three -veneer note, which he accessed The nationsigned by prosecutors Raúl Pleé, Javier de Luca and Mario Villar, maintains that they agree with the implementation of the new accusatory system, but that It is at risk of failing if you do not give it to personnel and material resources.
Every time he had the opportunity, Casal already let the Minister of Justice know, Mariano Cúneo Libaronathat for the new system to work, it is necessary to be granted personnel and equipment.
The Ministry of Justice announced that August 11 will launch this mechanism in the federal justice of Comodoro Py 2002, but the judges have their reservations and prosecutors, although they support it, they say they will not let them blame them for the failure of the system, if they do not give them more resources.
In this trade, general prosecutors indicated that they support this new accusatory system, but that “its implementation demands a preparation that includes not only the training that has been carried out, but human and material resources, without which the appropriate functioning and according to expectations can be compromised”.
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“The five -year experience of the new code in a jurisdiction indicates that the implementation is dependent on the reality of each region and the characteristics of the predominant crime in it,” they warn.
And they point out that what happens in Salta and Jujuy with causes with few accused, simpler, differs from the complexity of the files of Comodoro Py or the economic criminal jurisdiction, with multiple defendants, criminal cases with complex expert opinions, cases of economic crime, money laundering and issues that require another dynamic.
“Our experience – prosecutors said – indicates that, unlike most of the causes originated in Salta and Jujuy – refers to simple facts with limited criminal intervention to a few intervening ones -, the expectation of its implementation in the jurisdiction comprising the Federal Capital and some parties of the province of Buenos Aires (until today, federal and criminal criminal and criminal criminal printed Probationary and multiple protagonists – for example, crimes against public and economic administration -, allows to forecast a poor functioning of the justice service, in case of the new system without the provision of the corresponding resources ”.
-They added that it should be taken into account that the “low physical capacity and technological adaptation” of the Buildings of Comodoro Py 2002 and the neighbor of Av. De los Immigrantes 1950, where the federal and criminal economic fueros work, and also, other courts, defenders and prosecutors coexist.
Prosecutors said offices for the “fiscal units” designed in the new code are needed“Input tables for complaints”, “places of attention to the public, both victims of the crime or those who act as complainants or complainants”, in addition to “Technical resources such as computer equipment interconnected Connected safely, and with the necessary storage capacity, since the process will no longer be written, but all through audiences that must be registered in the respective videos ”.
A prosecutor told The nation that with the system underway in Salta and Jujuy I do not supply the storage capacity of the audience videoswhich is the only support, since the paper file disappears.
“Safety boxes will be required, equipment for certain expert opinions or test analysis, social workers, experts in accounting and financial matters,” prosecutors asked.
“We warn the building needs, the assignment of personnel and the technical and technological means,” they said and explained that Today there are five people from the Judiciary for each of the Public Prosecutor’s Officewhat is a nonsense in the case of a system where the workload is in the prosecutors.
“All these are conditions prior to the implementation of the novel regulations, since without them the difficulties for the MPF to fulfill the legal deadlines and achieve a rapid and efficient response would be seriously compromised,” they said.
The accusatory criminal system is a model characterized by Orality, advertising, contradiction and immediacy.
In this system, the Prosecutor’s Office is responsible for investigating crimes and accusing those responsible. The defense has the right to contradict the accusation and present evidence to the contrary. The judge, in public hearings, acts as a referee, guarantees the impartiality of the process and dictates the sentence.
The file disappears and there are oral and public audiences to resolve each incidencewhich requires the face -to -face of judges and fiscal or tax auxiliaries at each hearing and the immediacy of the resolutions.
This accusatory system is already in force in Salta and Jujuy since 2019 and, this year, the Ministry of Justice extended its implementation to Mendoza, Rosario, Santa Fe, General Roca, Comodoro Rivadavia and Mar del Plata. Now it will be launched in Comodoro Py 2002.
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