The Federal Chamber of Criminal Cassation confirmed the processing of Eduardo “El Presto” Prestofelippo of course incitement to violence and hatred against Vice President Cristina Fernández de Kirchnerinformed judicial sources on Tuesday.
The Second Chamber of Cassation dismissed a defense appeal against the resolution issued by Chamber B of the Federal Court of Appeals of Córdoba, on October 12, 2021, when, unanimously, it revoked a first instance ruling and prosecuted Prestofelippo by article 212 of the Penal Code and article 3 second paragraph of law 23,592.
The norm of the Penal Code provides that “it will be punished with imprisonment of three to six yearswhoever publicly incites collective violence against groups of people or institutions”, while the Anti-Discrimination Law contemplates a similar penalty for “those who by any means encourage or incite persecution or hatred against a person”.
The ‘youtuber’ “El Presto” was prosecuted – even It remains to be resolved whether or not it will be with preventive detention– because on August 27, 2020, from the city of Córdoba and using his Twitter social network account @ElPrestoOk “El Presto”, published the message that the Córdoba court framed in criminal figures.
“You are not going to get out of this social explosion ALIVE. You are going to be the first –along with your political offspring- to pay for all the damage they caused. YOU HAVE LITTLE TIME LEFT”said the message on Twitter, which was considered “a public incitement by the accused to support a social outbreak, favoring the use of violence against a group of people” and “inciting hatred due to their ideas or belonging politics”.
For Cassation, the court of Córdoba “adequately expressed the reasons that determined its decision and it is not verified -nor does the appellant manage to demonstrate-, the concurrence of an assumption of arbitrariness that affects the validity of the resolution.”
chambermaids Carlos Mahiques, Angela Ledesma and Guillermo Yacobucci They said that to annul the dismissal of “El Presto” “a reasonable analysis of the norms applicable to the case and the evidence included in the file was carried out.”
In addition, by majority, it was concluded that the cassation procedure had been properly denied – the case came via a complaint appeal – because “it is not noted that the guarantees of due process and defense have been affected by the resolution of the lower court.” on trial.”
Recently “El Presto” was in the news again because it appeared linked with Brenda Uliartethe girlfriend of Fernando Sabag Montielthe man who tried to kill the Vice President last September 1st. Uliarte and Sabag Montiel are detained and prosecuted for attempted aggravated homicide.
