The head prosecutor of the National District, Rosalba Ramos, clarified this Thursday that the Public ministry it is only called upon to accuse a person if there is evidence, and if there is no evidence, the goal is to “file” the criminal action.
“The Public ministry is called to be objective. If there is evidence, we are called to accuse, otherwise, we must also file the cases where we do not have evidence. Forcing the prosecutor to accuse is unconstitutional.” highlighted the incumbent prosecutor on her Twitter account.
Some lawyers took advantage of its publication to support their position, such as the robed Julio Cury, who understands that forcing to accuse “transgresses the accusatory principles and separation of duties.”
“Furthermore, based on objectivity, the Public ministry, responsible for the criminal action, has the duty to file if it does not have a burden of proof to demonstrate the criminal responsibility of the subject under investigation,” Cury added in a tweet.
The reaction of the head prosecutor of the National District occurs after this Wednesday the Fifth Court of Instruction of the National District revoked the file that the Prosecutor’s Office made of a complaint for gender violence against the ex-player of Big leagues David Ortiz.
The court made the decision after accepting an objection made by Fary Almanzar, former partner of David Ortiz.
In addition to revoking the file, the court ordered the Public ministry present accusation against “Big Papi” in 20 days.
The journey of the lawsuit
The Big Papi, who has just entered the Cooperstown Hall of Fame, was brought to justice by his ex-partner Fary Almanzar, with whom he fathered a son, for alleged verbal aggression and psychological violence.
The Public ministry decided to file the file, based on article 281 of the Criminal Procedure Code, which establishes that the Public ministry can provide accordingly by means of a reasoned opinion when it is clear that the act does not constitute a criminal offence.
This complaint had been filed by the Prosecutor for the same reasons on August 7, 2020 and September 1, 2021, but on both occasions it was objected by the complainant.
