Within the framework of the case followed by the Federal Judge of Mendoza, Walter Bento, the Federal Chamber of Criminal Cassation
confirmed on Tuesday the rejection of the request for release requested by Commissioner José Moschetti
, arrested as an alleged member of the group that exchanged bribes in exchange for procedural benefits to judges.
The highest federal criminal court considered
the appeal request of Moschetti's defense
"inadmissible" .
Last week, Cassation had taken the same measure requested by one of the private lawyers indicated as one of the alleged negotiators who asked for dollars in exchange for procedural benefits granted by the Mendoza magistrate.
Chamber III of the Federal Chamber of Criminal Cassation, made up of Juan Carlos Gemignani and Mariano Hernán Borinsky, resolved to declare inadmissible the appeal of cassation presented by the defense of Luis Francisco Álvarez against the decision of the Federal Criminal Oral Court No. 2 of Mendoza that it did not accept the request for release made by Álvarez's technical defense.
In the main case, Bento is being investigated as the alleged leader of an illegal association, where the aforementioned official operated with the assistance of two registration lawyers, one of them Luis Francisco Álvarez, to carry out a criminal mechanism through which procedural benefits were offered for the payment of bribes.
In the incident of release, the Federal Oral Court No. 2 of Mendoza, and in accordance with the ruling of the Public Prosecutor's Office of that instance, voted Cassation.
He did so taking into account "the degree of participation, gravity and nature of the prima facie crime attributed, the severity of the pending sentence and its impossibility of conditional execution, the existence of various criminal cases against him and the presumed belonging to an organization where various actors would converge – judicial officials, police personnel, etc.”
Thus, he decided not to accept the request for release made by the technical defense.
