The III room of the Federal Chamber of Criminal Cassation confirmed on Wednesday the attorney general Dante Marcelo Vega to intervene in the oral trial against the federal judge of Mendoza Walter Bento and other defendants in a case for the alleged sale of judicial benefits to smugglers, among other crimes.
Judges Juan Carlos Gemignani, Mariano Borinsky and Javier Carbajo, members of that chamber, declared inadmissible the appeal filed by Javier Leónidas Angeletti, another of the accused, against prosecutor Vega.
The ruling took into account that the Federal Criminal Court No. 2 of Mendoza, dated December 12, 2022, resolved: "Not to make room for the recusal of the Attorney General, Dr. Dante Marcelo Vega, attempted by the defense of the accused Javier Leónidas Angeletti."
"Therefore, and aware that the institute of recusal is a mechanism of exception and that, in principle, it is of restrictive interpretation and for cases exhaustively provided for in the ritual regulations, I understand that in the case the appellant has not been able to demonstrate any circumstance that justifies the removal of the representative of the Public Prosecutor's Office. " said the judges of Cassation.
"For the rest, the discrepancies in the assessment presented by the party, beyond demonstrating that the grounds provided by the court are not shared, do not constitute a grievance based on the doctrine of arbitrariness (Judgments: 306:362 and 314:451, among many others), in the serious defects "concluded the judges of Cassation.
The oral trial process of Judge Walter Bento, accused of granting prison benefits in exchange for bribes, advanced on Monday in the federal jurisdiction of Mendoza.
Bento is still in office as judge of Federal Court No. 1 and with electoral competence in Mendoza, in charge of national elections.
After his peers with whom he shares a building in the courts of Calle España, in the city of Mendoza, were inhibited to judge him, it was possible to form a court with magistrates from San Juan and San Luis.The court that must judge him is composed of the chambers Gretel Diamante, María Carolina Pereira (both from San Luis) and Eliana Rattá (from San Juan).
The sole purpose of the preliminary hearing is to determine issues related to the organisation of the trial, such as the date, time and place.
See also
A commission of the Council of the Magistracy proposed to suspend the judge of Mendoza Walter Bento
See also