The lawyers of the men accused of the mega case for sexual crimes against minors known as “Operation Ocean” filed an appeal of unconstitutionality before the Justice, considering that there are legal provisions that leave the parties in an unequal condition and favor the party. accuser.
The 16 lawyers of the 11 defendants assure that there is no equality of conditions. According to defense attorney Pablo Casas in conversation with Telemundothere are two articles – one of the Code of Criminal Procedure (CPP) and another of the law of violence against women based on gender (law 19,580) – the unconstitutional.
The first of the articles is 268.4. This gives rise to “when the Prosecutor’s Office presents the accusation, it bases it with evidence that it adds. We have 30 days to answer the accusation and substantiate it with our evidence. Then comes a control hearing, where the victim and the Prosecutor’s Office have the opportunity to add new evidence and we do not.
Because of this, the defenders “are not in equal conditions to face each other in this or any trial,” he added.
irrational and unequal norm
The other article is 80 of Law 19,580. This rule provides for an economic sanction with patrimonial reparation for the victim. This compensation corresponds to an amount of 12 monthly earnings of the convicted person. At a press conference, the defense attorney, Martín Frustraci, stated that this provision violates the principle of rationality and equality of the parties. This is because the same is not established in the case of homicide.
According to Casas, the Justice will take between three and four months to give an opposition on the appeal. The body responsible for resolving the issue is the Supreme Court of Justice.
“The sooner the better. We want them to resolve it as soon as possible because we seek to settle the trial as soon as possible, “said the lawyer.
Until now, Operation Ocean has sentenced nine people through abbreviated procedures. Of the 33 initially charged, 13 were dismissed and the remaining 11 will go to trial.
