The Federal Cassation Chamber summons a plenary to resolve the benefits to convicted of serious crimes

The Federal Chamber of Criminal Cassation will set a unique position in A plenary of all judges that integrate it to define if it is constitutional or not the prohibition of accessing benefits such as Assisted freedom or release for convicted of serious crimes as drug trafficking or kidnapping followed by deathamong others.

The plenary was Convened for next Tuesday, March 11 At 10.30, when making a resource of the Prosecutor Raúl Pleéwho asks to cancel sentences where the unconstitutionality of these norms was declared, judicial sources reported. The decision was of the Superintendence of the Court composed of the presidents of all cassation rooms.

What will be treated at the Cassation Plenary

In the plenary It will be analyzed “if they are compatible with the regime of progressivity of the penalty, with the principle of equality before the law and the principle of reasonableness of the acts of government the government Articles 14 of the Criminal Code and 56 bis of Law 24,660“

These are the rules that are not appropriate to grant the benefits as Assisted freedom or release to whom they were convicted of crimes linked to drug traffickingamong others considered very serious.

“It is part of the institutional task of this Federal Chamber of Criminal Cassation Promote the unification of their own jurisprudence and also avoid contradictory sentences, “said the majority vote of the judges Daniel Petrone, Diego Barroetaveña and Carlos Mahiques.

In addition, they mentioned that the Supreme Court of Justice of the Nation He maintains that it is “duty” of the highest federal criminal court in the country “In its capacity as intermediate court, resolve the contradictory jurisprudence substantiated in its bosom” as with the causes related to benefits for prisoners with firm convictions for serious crimes in the stage of execution of its penalty.

Casación thus made an approach from the prosecutor before that instance, Raúl Pleéwho had claimed to convene a general agreement to be “set as applicable and mandatory doctrine the full constitutional validity” of the articles of the Criminal Code that “provide that it is not appropriate to grant assisted freedom to those who were convicted” for crimes as drug trafficking.

Also, Cassation warned that, although the plenary is summoned to fix doctrine in a case linked to a condemned by drug trafficking that claims assisted freedom, The issue covers other crimes contemplated by law.

“The transcendence of the issue that is analyzed here is linked to the Right to Locomotive Liberty of convicted persons and with the purpose of social reintegration of said execution regime, express reasons of justice, convenience and utility to expand the agenda of the meeting in full chamber and print speed to its procedure, “concluded the call to the plenary .