A recommendation from the Public Prosecutor's Office for the Lucio case, after the sentence was known this Thursday, caused controversy.
Criminal lawyers raised their differences.
The official recommendation is entitled: "Lucio, like all children and adolescents, has rights."
And he continues: "We request, therefore, the commitment to a
respectful approach to the media
."
Elaborating on the point, he details: "to avoid the mention of
indiscriminate descriptions and opinions
that may violate Lucio's right to privacy. Likewise, it is convenient to stop disseminating images of the child where he appears injured or, at least, cover or blur them ".
The first to cross the recommendation was the lawyer Fernando Burlando, who said it
is impossible to revictimize someone who is dead
.
"There can be no more victim, since he is dead."
His words fueled the controversy.
The recommendation of the Tutelary Public Ministry.
Asked about this official recommendation, criminal lawyer Eduardo Gerome expressed his disagreement.
"In this case, everything has already been exposed.
You cannot ask not to expose what has already been exposed
. It would be different if they were situations that had never been revealed before. It is an extemporaneous recommendation."
And he continued: "Regarding everything that is already in the knowledge of the people, that is published, and has already appeared in the media, I do not think that this warning can have an effect. Even when the sentence is published,
it will be specific regarding these facts
."
On the other hand, he said that "it is a recommendation,
not a provision
. It speaks of the right to privacy and is subject to analysis and interpretation. For what may be a violation of the right to privacy for one, it may not be for another."
Regarding the latter, he considered that "since there is a
public interest
in a case that shocked society, many times they give up certain rights based on that public interest. Society has the right to know what happened to Lucio. Because the penalty that is applied does not it only attends to the person who is applied to it but reaches the whole society, fulfilling an exemplary role so that it is seen that the one who commits a crime is punished. It is the double function of the sentence: individual and social".
PS
look also
The crime of Lucio Dupuy: political leaders celebrated the ruling against the mother of the 5-year-old boy and his girlfriend
Fernando Burlando's reaction after the verdict against Lucio Dupuy's mother and her partner: "To die in jail"