:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/GVPBTZVJDVDULHFNSXSQPEVQOY.jpeg "The nation's attorney general has suggested overturning the Santa Fe court's ruling that bars senator from being charged with corruption 1")
The Interim National Prosecutor, Eduardo Casaldelivered an opinion on Tuesday in which he spoke to the Supreme Court of the Justice of the Nation to make way for a Complaint appeal submitted by provincial prosecutors Stone by Luis Schiappa there Matias Edery before a judgment of the Court of Santa Fe which endorse the privileges belonging to the senator of the department of San Lorenzo Armando Traferri.
The legislator is currently suspected of having included a alleged illicit association connected to a network of clandestine gamebut for more than a year and a half it cannot be brought to an imputed hearing.
In the document – which is not binding – Casal considers that Santa Fe Supreme Court ruling should be overturned for “lack of argumentative core in the votes of the five ministers who formed the majority”. In this context, he interpreted that the extraordinary appeal presented by the prosecutors Edery and Schiappa Pietra is appropriate for the Supreme Court of Justice of the Nation to analyze the judgment.
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“Attentive to what has been exposed,” Casal said in the notice he endorsed. GlobeLiveMedia– and given the background reported above, I believe that the impugned resolution does not present a substantial majority agreement on the reasons that support the decision that the court adopts, for which I believe it is appropriate disqualify him and order the issuance of a new“, he said.
And he added: “During the review of this decision, two judges of the Superior Court ruled without further delay on the validity of the immunity regime, as provided for by the local decree, considering that it did not exceed not the margin under which the national Constitution guarantees each province the exercise of its autonomy. Without contradicting this assertion, two other judges rather linked it to a certain interpretation of the local regulations according to which – and contrary to what the chamber postulated – the relative immunity from trial that governs in the province did not prevent summoning the legislator to the imputed hearing, but it is the immunity from arrest which, in any case, could prevent the holding of this hearing in the event of voluntary refusal by the legislator. Finally, the remaining opinion, agreeing with the majority, asserted that the decision should be revoked because it departed from the case file which indicated that in fact the Crown not only summoned the legislator to formulate charges, but that the act was carried out”.
The acting lawyer pointed out that: “In this way, it cannot be guaranteed that there is a clear and explicit majority of concurring groundsand this also results in the difficulty for the disputing party to identify each of the individual reasons brought together in the decision and to submit them to his criticism, with the risk that this implies that it is an interested party who attributes the pronouncement to a basis which he, as such, did not have”.
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Casal affirmed: “Indeed, it should be recalled that it is Your Excellency’s doctrine that the judgments of the collegiate courts are void when they result from a simple aggregation of individual opinions which does not feature a majority match on the merits of the reasons which support what is resolved”.
The Supreme Court of the Nation, which has no deadlines, before this opinion of Casal you can reject the complaint filed by provincial prosecutors, or make room for the proposal – which would render the contested decision null and void – and would order the pronouncement of a new sentence.
In a decision that took place in February of last year, the courtiers of Santa Fe considers that the provincial Magna Carta protects the legislator suspected of corruption. They were based on Article 27 of the local Code of Criminal Procedure, which indicates that a deputy or a senator can be charged if he has been previously without faith or law by the Legislature, a circumstance which did not prosper in the Upper House at the request of prosecutors.
“We present the appeal because it already compromises the national state by ratifying in Santa Fe the legality of parliamentary privileges, as regulated in the Code of Criminal Procedure which A legislator cannot be impeached unless first removed. This implies the probable responsibility of the Argentine state, which in its history has signed international agreements to advance the fight against corruption,” he commented to GlobeLiveMedia in March of last year, Prosecutor Schiappa Pietra, head of the Rosario Organized Crime Agency.
According to the forensic official, the underground gambling network they are investigating – for which the gambling capitalist was convicted Leonard Petiti, former prosecutor Gustavo Ponce Asahadpolice, and where the former Attorney General of Rosario is accused Patrick Serial– “managed the granting of legal gambling in Santa Fe from a lobby against the law with a former national deputyWas Dario Scatagliniwho is charged.”
“The former Formula 1 driver has already been charged ‘Poppy’ Larrauri. When will we be able to do this with Traferri? He was the one who made the negotiations to give Peiti legal gambling, knowing that he was handling all the illegal gambling,” he said.
The head of the Organized Crime Agency pointed out that it was convict Peiti who said at a hearing that “He gave money to Traferri for the proselytizing campaign he participated in in 2019.”
“Here there is obvious cover from the judiciary and the legislature who did not grant the exemption. We are waiting to see what the National Court does,” said Schiappa Pietra in the interview with GlobeLiveMedia Last year.
The case of Traferri is particular. For years he led the Peronist bloc in the Senate and, furthermore, being investigated, He denounced the prosecutors investigating him.. This is because in 2021, the senator filed a removal request for Edery and Schiappa Pietra because he considered that they had breached the duties of a public official due to the alleged tools they used to access information from their telephone communications.
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