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The Attorney General's Choice: Why Is It So Important Now?

2020-11-02T17:05:33.386Z

The new Criminal Procedure Code imposes the accusatory system, which gives all power in criminal investigations to prosecutors and their boss, the Procurator.



11/02/2020 1:56 PM

  • Clarín.com

  • Politics

Updated 11/02/2020 1:56 PM

The ruling party begins to discuss this Monday in the Senate commissions the projects to reform the

law of the Public Prosecutor's Office

that propose to put an end to the mandate of the Attorney General of the Nation -which is today for life- and

reduce the number of votes

necessary to appoint him .

Today, the Attorney General is appointed by the President with the agreement of two-thirds of the senators, and the bills propose lowering that aggravated majority to an absolute majority, established at 37 senators.

The paradox is that these projects had been presented a long time ago by

two senators of Together for Change

-Martín Lousteau and Lucila Crexell- who when Kirchnerism took them they tried to withdraw them.

On Friday, the majority of senators from the Frente de Todos prevented their removal.

The Frente de Todos does not have 48 senators from the aggravated majority, but it does far exceed the 37 votes of the absolute majority, and that is why it wants to modify the majorities for the designation established by law.

The President presented federal judge Daniel Rafecas as his candidate, but as the Frente de Todos could not reach an agreement with the opposition to get 48 votes to approve it, his appointment was bogged down.

Last week, when the idea of ​​Kirchnerism began to roll to change the law to be able to appoint him with fewer votes, Elisa Carrió warned that this plan was a maneuver by Cristina Kirchner to appoint

an Attorney who would respond to her

and not be the one she chose President.

Why did Carrió say that?

Because Rafecas has already warned on several occasions that

he will decline his application

if the majorities necessary to elect him are modified.

Maximiliano Ferraro, Maricel Etchecoin, María Eugenia Vidal, Elisa Carrió and Horacio Rodríguez Larreta, at Carrió's house in Exaltación de la Cruz, last Friday.

There they spoke of supporting the candidacy of Daniel Rafecas to the Attorney General.

Now, why is

this fight so important

to see who appoints the Attorney General?

At the end of 2018, the National Congress voted to

reform the Criminal Procedure Code

that established a schedule to implement the

accusatory system

in criminal justice throughout the country.

Unlike the judicial system that currently governs, in which the judge carries out the investigation of the cases and defines the measures taken in the file, in the

accusatory system

the impulse of the case and the entire development of the investigation remains in charge of prosecutors.

Judges, on the contrary,

cease to have these powers

and become guardians who oversee that the constitutional guarantees that protect the accused are respected in these investigations.

Consequently, in the new system each of the three parties that intervene in the criminal process perform different tasks.

The defendant's lawyers are dedicated to defending him,

the prosecutor carries out the accusation and the investigation

to prove the crimes for which he is accused, and

the judge is in charge of observing

impartially that the two parties respect the guarantees of the process.

Daniel Rafecas, Alberto Fernández's chosen one for the Attorney General

The new

accusatory system

began to be applied in Salta and Jujuy in June 2019, and the law established a schedule of ten stages for it to begin to be implemented throughout the country.

The second stage was that of the provinces of Mendoza, San Juan and San Luis.

However, the law itself also established that the definition of that schedule will be in charge of the Bicameral Commission for Monitoring and Implementation of the Federal Criminal Procedure Code, which since July of this year has been chaired by Mendoza senator Anabel Fernández Sagasti, of the group

La Cámpora

and one of the legislators closest to Cristina Kirchner.

That point, according to the opposition of Juntos por el Cambio, is the one that gives the vice president all the power to decide when and in which districts the system that gives more power to prosecutors and, consequently, converts the Procurator - the administrative head of all prosecutors - in

one of the positions with the greatest power

in all Justice.

Even with the system that is still in force, in which the Attorney General does not have as much power as he will have when the new

Criminal Procedure Code

is implemented

, Kirchnerism already has a long history of dealing with that position.

In April 2012, Attorney

Esteban Righi

- Alberto Fernández's friend and mentor - resigned after Vice President Amado Boudou publicly accused him of harming him in the Ciccone case.

Cristina, then President, ran to replace him with

Daniel Reposo

, an opaque official who had to decline his candidacy when it was discovered that he had

falsified data in the resume

he presented to offer his background for the position.

After resting, Cristina appointed a Kirchner prosecutor, Alejandra Gils Carbó, who had to resign from her post amid the pressures that the government of Mauricio Macri carried out after her inauguration. After the departure of Gils Carbó, the Deputy Attorney General, Ricardo Casal, took office and Macri never obtained the necessary majority or the agreements with Peronism to appoint his candidate,

Inés Weimberg de Roca

.

Source: clarin

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