Party in Olivos: they rejected Alberto Fernández’s proposal about the non-existence of a crime

Federal prosecutor Fernando Domínguez rejected on Tuesday the request made by the President of the Nation, Alberto Fernández, on the non-existence of a crime for the Olivos festival. It is worth mentioning that last August the president had argued that what happened in the presidential residence was not a crime and requested that the criminal action be declared extinct and that its dismissal be decreed. Regarding Fernández’s request, federal prosecutor Fernando Domínguez rejected the proposal in an opinion that he presented today in the file.” The national doctrine is answered when it comes to affirming that the exception for lack of action based on the absence of a crime is only viable when the lack of adequacy typical of the incriminated act arises in a manifest way. The facts investigated can in no way be described as blatant and/or obviously atypical,” the official said. In turn, in another section of his resolution, he highlighted: “The typicity of the conduct investigated is not denied by the allegations intended to affirm that the event of 07/14/20 was not intended to spread the pandemic, much less endanger public health in general. In this sense, it should be noted that the absence of such intentions or purposes does not disappear ‘ex ante’ the danger of injury to the protected legal good”. After the prosecutor’s response, now the federal judge of San Isidro, Lino Mirabelli, who is in charge of the case after the dispute over jurisdiction with Judge Sandra Arroyo Salgado, must make the final decision on the request for non-existence of crime

Original source in Spanish

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