Oral Court number 29, based on a new forensic psychiatric study, decided to resume the case involving Álvarez, order his house arrest again under medical treatment and set a date for the start of the debate for February 2023.
“Álvarez Congiu – such the singer’s full surname – is “favorably adapted to the convivial regime. After six months of treatment, it can be said that he does not represent a danger to himself or to third parties, for which a medical discharge is indicated,” says the latest report.
Álvarez is accused of the crime of Cristian Díaz, whom he killed with four shots in the framework of an alleged drug dispute in July 2018.
The court suspended the process because he was not in a position to stand trial, ordered his guardianship by a civil judge and comprehensive treatment, which in fact meant his freedom under judicial supervision.
Weeks ago, he publicly reappeared in an impromptu street concert, which led to the review of his personal situation, which led to the resumption of the process in which he could be sentenced to up to 25 years in prison.
Currently the musician “he values little things like the importance of sleeping in his bed, he pushes himself, and he wants to fend for himself without having to ask for favors”says the report.
However, he suffers from the consequences of “a long-standing substance use disorder, currently without use”.
The court, with the signatures of the judges Gustavo Goerner, Hugo Navarro and Juan Maria Ramos Padilla (who expressed his discrepancy on the start date of the oral debate) ordered the new house arrest monitored with an electronic anklet that had already been placed on him.
“Beyond the fact that the state of health of the accused has shown notable improvements after his hospitalization -which allows the resumption of the procedure-, as well as the recommendation of the doctors about the performance of an outpatient treatment under the modality of Hospital of day, in order to neutralize the procedural risks and in turn guarantee the continuity of the indicated treatment and the consequent conduct of the oral trial, house arrest with the implementation of an electronic surveillance device is exhibited as an adequate measure for the present case ” , upholds the ruling.
The prosecution, in charge of Sandro Abraldesand the complaint requested that the oral trial be held after six months of treatment.
Consequently, the trial will be held on February 22 and 27 and March 1, 6, 8 and 13, 2023..
Judge Ramos Padilla, in his vote, considered that the debate should be held as soon as possible and proposed the next August as the date.
“It is evident that it does not seem easy for medical professionals to agree on the degree of intellectual understanding that a person must have to be subjected to a process.
In this, there have been discrepancies between the different experts who have expressed themselves throughout the process of this case,” he synthesized.
In addition, he warned that Álvarez was detained for two years, nine months and 17 days, so in less than three months he will serve three years in preventive detention and must be released, as established by international treaties on Human Rights to which Argentina joined.
“I see no legal reason or other impediments that do not allow the immediate realization of the debate during the month of August,” he summarized.
Source: Ambito

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