translated from Spanish: Vip vaccination: the court ruled that there was no crime in the inoculated

Today was known the ruling of Judge Maria Eugenia Capuchetti, who is in charge of the investigation of the case entitled “Vip Vaccination” that cost the position to Health Minister Ginés González García.And while there is a request to deepen the investigation to know what criminal responsibility fits the former official, it has already been ruled that those who obtained the vaccine did not commit any crime of the criminal order. In the list of inoculated appear from President Alberto Fernandez and the people of his press team to the Attorney General of the Treasury Carlos Zannini, the journalist Horacio Verbitsky, the former president Duhalde and his wife Hilda Chiche Duhalde, the Minister of Economy Martin Guzman, the foreign minister Felipe Sola, Jorge Taiana and Eduardo Valdés and also the own Ginés González García.Only five people of that list of 70 individuals that initially reported the Hospital del Posadas as vaccinated did not meet the conditions expressed in that resolution, that is to say: they were neither health personnel nor people over 60 years old nor people considered strategic nor people between 18 and 59 years old with expressly defined diseases. And that’s why they were called to make a witness statement. There are Juliana and Maria Eva Duhalde (48 and 45), journalist Gabriel Michi (52), Nestor Mandraccio (59) and Irene Lopez (43). This is clear from a resolution signed on Thursday by the judge, who ordered – for the time being – to close the criminal investigation into 65 people who were part of the list of the 70 people who received doses of Sputnik V when the vaccine was still only intended for the strategic groups ordered by the Ministry of Health and there was no open call. In his plea, he maintains that in the Criminal Code “there is no criminal type that criminalizes the conduct of a public official who grants special treatment such as that which is the subject of this investigation.” Yes they can be submitted to the Law of Public Ethics.And he added: “Interpreting some types of criminal offenses of the special part of the Criminal Code – of vague and imprecise wording – so that they necessarily fit into the conducts denunciations is based exclusively on an extensive interpretation of the criminal types and grossly ignores the fragmentary and subsidiary nature of criminal law, as well as the clear, concise and evident fact that the people vaccinated were within the group considered as a priority by Resolution 2883/20 that expressly established the possibility of advancing simultaneously between the different stages as recommended by the specialists,” he said. The ruling also indicates that it was the system operator who chose how to detail the quality of the person vaccinated. It was a master gardener at posadas hospital who ended up classifying, for example, President Alberto Fernández as health personnel. The judge also sought to make a difference between ethical and criminal questions. And he analyzed the figures of influence peddling, abuse of authority, embezzlement of funds, negotiations incompatible with the public service and even the crime of spreading a pandemic. In conclusion: “Indignation about the way in which certain events unfold does not imply necessaryly and automatically that criminal law should intervene. There are situations that are not to our liking and that we strongly repudiate but they cannot, by themselves, make us set aside the limits of the function that we have and, as far as judges are concerned, they must not be enough for us to set aside constitutional principles that operate in criminal matters,” he said. With this first ruling, munchos maintain that the case is in the process of being closed and filed, however, the next step will be to analyze the situation in which the 315 people who were also vaccinated at the Posadas Hospital and were not on the original list are. The PIA sent the data of 385 people, but includes the 70 cases analyzed in this resolution, so the investigation is ongoing. En la causa siguen imputados Gonzalez Garcia; the former chief of staff of the Ministry Lisandro Bonelli; his private secretary, Marcelo Cullé and the secretary of the ministry, Alejandro Collia.

Original source in Spanish