The Chamber of Deputies closed the first session of the year with the approval of the project of judgment in absencepresented by the Ministry of Justice, as well as the CRIMINAL REITERANCE LAWwhich obtained half a sanction. In this way, the ruling sealed the third legislative victory of the day, after the approval that had also received the suspension of the PASSED.
The project received 147 votes in favor, 68 negatives and 9 deputies abstained.
The portfolio directed by Mariano Cúneo Libarona He stated that the judgment in absence and the law of reiterative are initiatives are “key tools against insecurity” to give the Judicial Branch. Regarding the trial in absence, the minister said that he was thought and promoted especially to judge the persons indicated as those responsible for the attack on the Jewish mutual of the AMIA of 1994.
“The law of judgment in absence It will allow the trial to advance when the accused of a very serious crime, such as terrorism, does not appear to the trial and remains a fugitive. Applies to cases such as AMIA ”, explained Cúneo Libarona.
Judgment in absence: what does the government initiative consist of
The initiative presented by the ruling party proposes Modify the Criminal Procedure Codeapproved by Law No. 23,984and the Federal Criminal Procedure Codeto be able to judge accused They are not present in the process.
This judgment criterion will be valid for crimes against humanity, terrorism and proliferation of weapons of mass destruction. As Cúneo Libarona said, the main objective of the government is to judge the Lebanese and Iranians that are fugitives in the cause by the attack on the AMIA, that left 85 dead.
“The current regulation of the criminal process does not admit to arrive at a definitive decision if the accused is absent. This is particularly problematic in cases of serious human rights violations before which society has a legitimate and inalienable interest in knowing the truth“, indicate the fundamentals of the project.
The trial in absence can only be held in Causes that meet a series of requirements. First, the accused must be declared rebelthat is, “knowing the existence of the process against him I will not appeardoes not respond, will not comply with or eludes the requirements of the judicial authority“
Also if “they had done reasonable attempts for having it right“For four months” from the dictation of a national or international arrest warrant “, without being able to find your whereabouts.
What will the trial process be in absence
As required by the project presented by the ruling party, the trial in absence contemplates that “at any stage of the process the accused may designate a defender of his trust. During the process in the absence The presence of the accused for any procedural act will not be required. The rights conferred to the accused by this Code and other applicable laws will be exercised by its defender. “
In addition, it guarantees that if “the accused submitted to a process in the absence that will be presented during the debate will have the right to be heard“
Finally, the initiative establishes that for all judgment in absence, The accused will have a period of ten days to request the realization of a new trial once the conviction is known only “if he had not known the process against him” or if “he had not attended the court’s summons due to a Serious and legitimate impediment. “
Source: Ambito
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