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In Comodoro Py they distrust Alberto Fernández's plan and demand to speed up the accusatory system before adding judges

2020-07-29T23:40:15.003Z


The magistrates object to the announced changes, and challenge "that the policy explain why it promotes the reform," the cost of which would exceed $ 4 billion annually.


Lucia Salinas

07/29/2020 - 18:37

  • Clarín.com
  • Politics

Unification of jurisdictions, increase in the number of judges, expansion of the Oral Courts, a system of subrogations, are some of the points that make up the bill that President Alberto Fernández will send to the National Congress and which have the declared purpose of reforming to Justice. In Comodoro Py, where the forum that investigates corruption cases involving officials such as former national officials, disbelieves the intentions of the pro-government plan: they  consider that what must be done is to advance with the accusatory system, in which those who investigate are The prosecutors. "To explain the policy for what drives the reform, why it is a good project," said some magistrates.

There are no longer twelve federal judges in Comodoro Py. A quarter of the courts are vacant of titular magistrates. This Wednesday, after 26 years in charge of his office, it was the last day of Rodolfo Canicoba Corral one of "the twelve". There were already two other vacancies. Of the eight federal oral courts, only four have regular magistrates. The Buenos Aires Federal Chamber, responsible for reviewing the decisions of the investigating judges, has two vacancies.

Justice also faces serious financial problems. The Administrator of the Judicial Council had warned that if the Judicial Branch does not receive assistance from the Treasury, it would not reach the end of the year. The demand figure amounted to 16,000 million pesos.

President Alberto Fernández reiterated his criticism of the Buenos Aires federal jurisdiction, already pronounced at the opening of the legislative sessions in March. He promised to end "the appointment of friendly judges", the "raffles (of cases) handled" and "judicial manipulation" and promised to promote a reorganization that "avoids the drafting or promotion of cases according to political times." The statement was even more explicit: "In this way, crimes against the public administration will not be in the hands of a few judges."

The announcement that will create a forum of greater magnitude, provides for the unification of the economic criminal jurisdiction with the Buenos Aires federal prison. Then 23 other courts will be created, to reach a General Criminal Justice made up of 46 courts.

That number was widely criticized in the Retirement Courts. "So far, the government has not explained the purpose of this reform, which adds courts, nor how they will finance it, or what purpose it is pursuing," said a member of the Federal Chamber of Criminal Cassation.

One of the investigating magistrates pointed out that what was announced " is not a reform but changes, because the numbers are increasing without explaining where it is aimed at , the reforms are about the system." Similar words were chosen by a House judge, who stated that the announcements and the sending of the bill to Congress "suffer from the inconveniences that politics suffers: instead of choosing first which is the north and to achieve it choose the best tools, and the Government it does not define what the reform wants for, to be able to critically evaluate what the means are for this end . "

In the investigative instance, some magistrates considered that the announcements "target people and do not improve the system."  Another judge, with more than ten years in front of his court, warned that in the Government "they want to reform the operation of one of the powers of the State without the participation of legitimate representatives of that power."

Another approach linked to the expansion of the courts is the financing of this jump. In the Retirement Courts, a first calculation estimates that this will demand between 4,000 and 5,000 million pesos per year  "When the Council of the Magistracy requires the assistance of the National Treasury year after year to function, nobody explains how this will be dealt with," he said. a magistrate of the House of Cassation.

As a point of coincidence, several of the investigating judges and the reviewing chambers, and the Cassation that has superintendence over the Oral Courts, considered that a real reform would be "to implement the adversarial system". That is to say, the one that grants the prosecutors greater power of action during the investigation, the judge being the guarantor of the process, that is, who will always have the last word on the determinations made in the case.

Source: clarin

All news articles on 2020-07-29

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