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. In this way, the ruling sealed the third legislative victory of the day, after the approval that had also received the suspension of the Paso.
The project, which received 147 votes in favor, 68 negatives and 9 abstentions, has as its main objective to judge the persons indicated as those responsible for the attack on the Jewish Mutual of the AMIA of 1994.
“Once the average sanction was completed, the Delegation of Argentine Israelite Associations (DAIA) celebrated the” Historical Day “, where they detailed:” La Daia, which in the past presented its own project echoing the feeling and the claim of justice of the justice of the justice of the that for many years they led to their treatment, Expresses their recognition to the legislators who voted in the enclosure to take this transcendental step, and all the people and institutions that contributed their effort in pursuit of this achievement“
“Likewise, the entity manifests its thanks to the relatives of the victims of the attack perpetrated against the headquarters of the AMIA-DAIA, to the agencies of the National State, to the legislators mandate fulfilled authors of similar initiatives, provincial presidents, public schools of the Advocacy of different cities of the country, judicial magistrates who demonstrated in favor of the trial in absence in their sentences, jurists and all those who promoted an enriching debate that nurtured the commendable work of the deputies of the nation, “they added.
Finally, they predicted by the final approval of the project, so that “Once the law of judgment is sanctioned in absence, it can be advanced in the judgment of the alleged intellectual authors of the attack on the headquarters of the AMIA-Daia, to do justice and end impunity.”
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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