Federal Judge of San Isidro Lino Mirabel Received offers from the President and First Lady; Fabiola JanesClosing the case against both Violation of quarantine A total of three million pesos in exchange. Alberto Fernandez offered $ 1,600,000 and Yañez – $ 1,400,000. Upon payment, the file will be closed. Both are being investigated to celebrate the First Lady’s birthday at the Olivos Presidential Palace, while mandatory isolation was in effect due to the Korovirus pandemic..

The judge affirmed that while the proposed solution was not illegal, he said it was admissible: “without prejudice to the powers of other bodies and to the authority of the State.” Here he quoted in parentheses Article 53 of the National Constitution, which governs impeachment, the law of jurisdiction which does not preclude the continuance of the trial until its full completion, and the law of ethics in the exercise of public functions.

Mirabel approved the economic contracts and the money collected would be transferred to the Malbran Institute, according to the court protocol. Payment must be made within the next ten days. “As soon as the terms of the agreement are fulfilled and the relevant bank records are sent to the court, the appropriate temperament will be taken,” the judge of the 2nd San Isidro court said in the ruling.

This alternative sentence of reparation, which provides for reparation, is provided for in the Criminal Code for petty crimes such as this. In the case of the President, it was presumed that no action had been committed in the exercise of the function which constituted a crime, otherwise this concession could not have taken place. It’s like an official putting another person in an injury, for example, in a football match. You can use this article of the Criminal Code to repair damages and close a criminal case.

On page 23, the judge considered the episode as a request for a comprehensive reparation for an alternative to the trial and the agreement of federal prosecutor Fernando Dominguez. He said that on July 14, 2020, at the presidential residence of Olivos, on the birthday of Fabiola Janes, a meeting was held during the strict quarantine, for which the president was accused of violating sanitary measures to prevent the spread of the epidemic. Act DNU 576/2020, which extended the period of social, preventive and compulsory isolation in the area where the office of the fifth president is located and restricted public and private, social and recreational activities.

When the judge initially denied Fernandez’s dismissal, he said the crime he was charged with was known as one of the abstract dangers, i.e. people are responsible for behaviors that the legislature deems dangerous in itself.

“The agreement presented here is about an illegal and prima facie punishable act, which is tailored to art. 205 CP, as for the prosecutor. Initially the formal charge against Alberto Angel Fernandez was a diagram. “In this context, following a new request from the accused and his defense, the owner of the public criminal case agreed to resolve this criminal case through the proposed alternative mechanism,” the judge wrote.

And held that, in the absence of a dispute between the prosecution and the defense regarding the making of this alternative decision, its sole function is to review the legality and reasonableness of the agreement. Citing other cases in which a similar decision was made, he said that “the elimination of criminal acts through the institutions of reconciliation and full compensation for damages” is urgent.

“Comprehensive ways of reconciliation and reparation are two autonomous institutions, although both are currently functioning and subject to the above rules as an alternative means of concluding a criminal case,” he recalled.

The conciliation regulation applies to offenses of a patriarchal content committed without serious violence against persons or in criminal offenses unless there has been a serious injury or death. On the other hand, there is no such specific regulation for comprehensive repairs. The judge noted that in this particular case, “there are no regulatory barriers that preclude the use of the requested alternative mechanism.”

This is because he understood that the fact was not related to the performance of the public functions assigned to Alberto Fernandez as head of the national executive branch.

“The proposed solution does not appear to be illegal, nor does it contradict the regulations governing the matter,” the judge said, but warned: “Without prejudice to the authority of other bodies and the state. Listed here is Article 53 of the National Constitution, which governs impeachment, the law of jurisdiction which does not impede continuity until the full completion of the trial, and the law of ethics in the exercise of public functions.

“The function of a judge is determined by impartiality, which requires him to make decisions in accordance with the national constitution and laws, disregarding any public, political or personal opinion – external or internal – related to the case. “And in the framework of this action, I repeat, there are no legal reasons that prevent the use of the proposed mechanism,” he said.

To him, this offer was reasonable because it promotes the legal interest of the public in the pandemic, given that it helps to mitigate the harmful effects on society, to provide the resources needed for the health care system, and to conduct scientific research.

“An alternative exit from the criminal case does not matter less devaluation of typical and illegal behavior: although it prevents the continuation of the process until the final sentence is, to some extent, it brings ‘painful’ content. “The ancestral order is provided by who is preparing to restore these characteristics,” Mirabel wrote.

In short, after studying the characteristics of the event related to Alberto Angel Fernandez, the criminal category of the relevant figure (abstract threat), its criminal scale and its subject, taking into account the supra-individual legal interest, compared to the specific one. The conditions and patronage of the accused analyzed by the prosecutor, in his view, have no basis to prove that the offer and the agreement with the prosecution are inadequate in terms of the legal requirements sought by the institution. Persuaded.

He stated that “Given that there is no dispute between the parties regarding the legal classification of the fact, the functioning of the institution provided, the amount of damages and the proportionality of the offer, the agreement reached between the defense and the defense parties. The owner of a public criminal case, as the requirement for homologation exceeds the legally protected legality and reasonable control of judges. ”

The president on Friday announced a court agreement to close a case of breach of sanitary measures. “It’s something that should never have happened. “I was the first president to go to court for a mistake,” Fernandez said in a self-critical interview with Radio con Vos.

Presidential marriage is based on Article 59 6 6 of the Criminal Code, which establishes the right to quash an act of the accused. Punishment For reconciliation or comprehensive reparation Damage. Until now, the prosecutor and the judge have always objected to Fernandez’s request for dismissal.

One of the participants of the First Lady’s birthday, a stylist Carolina Marafiot, Has already reached an agreement with court officials for $ 200,000 and has been released. In addition to Janes and Fernandez, there are eight friends of the First Lady who are also accused in the case.

Initially, when the case was heard in Comodoro Py, Alberto Fernandez sought release in the absence of guilt and explained that if his proposal was rejected, he offered to seek redress. A four-and-a-half-hour salary donation to Malbran Hospital.

Eventually, the case moved to San Isidro, the jurisdiction in which the event took place – at Olivos’s estate – and Federal Judge Mirabel denied his release. But the case continued on its course, and Fernandez offered this new figure, which the prosecutor and the judge agreed on.

Who is Lino Mirabel?

Lino Mirabel He is 51 years old and he is Federal Judge of San Isidro In turn, to whom The Federal Chamber sent him the Olivosgate case.

This serious, balanced, low-profile judge has made a career in the field of justice. He graduated from the University of Buenos Aires in 1994 with a degree in law and teaches at the UBA Faculty of Law.

He traveled the entire arc of justice: in his youth he began working in the defense office, then in the prosecution, until he became secretary of the San Isidro General Prosecutor’s Office, head of the prosecution, and then a judge. First the head of the San Isidro Oral Criminal Court and from 2018 the head of the San Isidro Federal Court.

It was a long competition that lasted 6 years and was revealed in the final section when the favorite was another candidate. But intervened Elisa Cario By submitting a letter to the Judicial Council questioning this purpose.

The favorite was Mirabel, who finished before a federal court. Colleagues respect him and have a very good relationship with colleague Sandra Arroyo Salgado.