02/12/2021 1:18 PM
Clarín.com
Politics
Updated 02/12/2021 1:18 PM
Chamber IV of the
Federal Chamber of Criminal Cassation
resolved this Friday that two files related to the
investigation of alleged espionage initiated against former officials of the macrismo
, who resided in the courts of Lomas de Zamora, should be processed in Comodoro Py.
These are the causes in which he investigates illegal spying on
the Instituto Patria and former President Cristina Kirchner and another for the same crime known as "supermariobros" against former K officials detained in prisons
for corruption reasons.
The cause for surveillance tasks on the Instituto Patria had already been dismissed by federal judge Marcelo Martínez de Giorgi.
While "supermariobros" was the self-denomination that an AFI group had taken which the Kirchnerism accused of illegal espionage, including against former K officials imprisoned in prisons for corruption reasons.
With this decision, the Lomas de Zamora justice was left with files of less relevance.
The AFI comptroller, Cristina Caamaño, brought complaints to Lomas de Zamora for events that occurred in the Federal Capital in what is known as a forum shopping maneuver or election of a friendly judge.
The highest criminal court took into account
issues of jurisdiction
and competence for events that occurred in the Federal Capital or were organized from it, where the AFI is based.
The decision, signed by
judges Mariano Borins
ky, Ángela Ledesma and
Carlos Carbajo, refers to two proposals made by the defense of Darío Nieto, former private secretary of former president Mauricio Macri, and Gustavo Arribas, former AFI secretary during said management
, so that the development of the Investigation is carried out in the Federal Capital and not in Lomas de Zamora.
"The Federal Criminal and Correctional Justice of the City of Buenos Aires is declared competent to continue with the processing of the cases FLP 14149/2020 and FLP 5056/2020," said the ruling, sealed by the judges of the Chamber of Cassation.
Thus, it was decided on the inhibitory claim made by Darío Hugo Nieto, on the one hand, and Gustavo Arribas, on the other, who had requested the intervention of the Federal Justice in the case in which
a complaint about a network is being investigated of parallel espionage
from the AFI that Arribas and Silvia Majdalani commanded.
In an extract from the court ruling, it is highlighted that the decision conforms to the constitutionally established principle of jurisdiction.
Article 118 of the Magna Carta, they highlight, establishes that "the performance of these (criminal) trials will be carried out in the same province where the crime was committed
"
, thus establishing the principle of territoriality - known as "forum delicti comissi "as a method of assigning jurisdiction for federal criminal trials.
In this way,
the highest criminal court resolved the conflict of jurisdiction raised in recent months between Judge Juan Pablo Augé, from Lomas de Zamora,
and the Comodoro Py justice, regarding where cases of illegal espionage of the police should be investigated. AFI during the macrista administration to political leaders, journalists and union members.
