Tribunal: Sup Court
Date: 20/12/2005
Parties: Durán Sáenz, Pedro
SPECIAL APPEAL - Superior Court of the cause - in national jurisdiction - National Chamber Federal Criminal - Court not uniform - forwarding the cause for the purpose of trying to appeal to the competent
Buenos Aires, December 20, 2005 .- Considering: 1) against delivery of the 1st room of the National Chamber of Criminal Appeals and Federal Correctional of this city which upheld the decision of first instance did not grant the release of Pedro Durán Sáenz defense concluded a special appeal, the rejection of which gave rise to this complaint.
2) That, subject to torts invoke federal nature that enable the jurisdiction of this Court, through extraordinary in the field of national criminal justice proceedings under the laws in force, they must be treated in advance by the National Cassation criminal, as the intermediate court, thus constituting in the superior court of the cause for national justice in criminal matters within the meaning of art. 14, law 48 (1).
Thus, it would be equating the situations covered by art. 14, law 48 (special federal appeal), and the art. Law 4055 6 (2) (special appeal in the field of national justice), taking a common approach as an element, which is the highest ranking court in each case, prior to his admission to this Court. For the justices provincial superior courts or provincial courts of appeal regardless of which access them-and in the field of national criminal justice National Chamber of Criminal Appeal.
3) That, consequently, the court issued the sentence against which addresses the special appeal in the case, there is the highest court in the case, according to art. 14, law 48.
4) That statement notwithstanding, does not escape the court's view, the superior court's determination of the cause in the field of national criminal justice has not been preceded by a uniform law, which is why the application at the time of the new criteria established, is to be chaired by a special caution in order that the gains are not ill-fated proposed in this trance (Bug 308:552 [3]), hence its applicability to the federal appeals directed judgments against notified after the ruling of the court in the Expte 3/5/2005. D.199.XXXIX, "Di Nunzio Beatriz H. s / release ", since it can not ignore the situation that would reduce the recurrent appeals for art. 14 as hitherto interpreted by the court under the rules of precedent" Rizzo "(Bug 320: 2118), arguably, regulating the subject matter discussed herein.
For these reasons, this new jurisprudential approach to meeting the unique requirements of special appeal, you can not set an obstacle to be addressed grievances defense, because otherwise they would be violating their rights, especially if what is at stake is the liberty of the accused during the trial.
5) What is then, in order not to contradict the explicit criteria, submit certified copy of such records to the source instance, for the defense, who already has guaranteed the right to appeal in the court of appeal, may exercise their rights and grievances through the use involved federal court for intermediate authorized for this purpose the relevant terms of notification of the filing of the documents in the National Criminal and Correctional Matters.
That is so because "it can be concluded that the intervention of the National Chamber of Criminal Appeal in the sub examine ... Far from being an obstacle guarantees the accused in criminal proceedings, matters ensuring full exercise thereof "(Failure 324:4076, of Judge Fayt).
Note that this solution also to guarantee the accused a further instance of review, it expands treatment of freedom of the accused, as the denial that is challenged, does not have to delay its passage through the intermediate court in this Court. On the contrary, it creates another opportunity for debate on the federal issue involved, where defense can find redress of your grievance (expte. D.199.XXXIX, "Di Nunzio, Beatriz H. s / release-due 107572 -" vote of judges Maqueda, Zaffaroni, Highton de Nolasco, and Lorenzetti).
therefore dismissing the complaint. Exempts the deposit to the plaintiff under the facts of the case. Notified, refer copy of this file under the court of origin as stated in the consent. 5 and timely file it .- Elena I. Highton de Nolasco .- John C. .- E. Maqueda Ricardo L. .- Raúl Zaffaroni Lorenzetti. According votes: Carlos S. Carmen M. Fayt .- Argibay.
VOTE DR. FAYT .- Considering: 1) That the special appeal, the denial of which led to court intervention, is not directed against a decision of the superior court of the case.
2) That without prejudice of the statement, does not escape the court's view, the superior court's determination of the cause in the field of national criminal justice has not been preceded by a uniform law, which is why the application in time for the new criteria established , to be chaired by a special caution in order that the gains are not ill-fated proposed in this trance (Bug 308:552) thus corresponds to apply a federal appeals against sentences directed notified after the ruling of the 3/5/2005 court in Expte. D.199.XXXIX, "Di Nunzio, Beatriz H. s / release", since it can not ignore the situation that would reduce the recurrent He appealed to the art. 14 as hitherto interpreted by the court under the rules of precedent "Rizzo" (Failure 320:2118), arguably, regulating the subject matter discussed herein.
For these reasons, this new jurisprudential approach to meeting the unique requirements of special appeal, you can not set an obstacle to be addressed the grievances of the defense, because otherwise they would be violating their rights, especially if what is at stake is the freedom of the accused during the trial.
3) It is then, in order not to contradict the explicit criteria, send a certified copy of these proceedings a source instance, for the defense, who already has guaranteed the right to appeal in the court of appeal, to exercise their rights and grievances through the use involved federal court for intermediate authorized for this purpose the relevant terms of notification of the filing of the documents in the National Criminal and Correctional Matters.
That is so because "it can be concluded that the intervention of the National Chamber of Criminal Appeal in the sub examine ... Far from being an obstacle to the guarantees of the accused in criminal proceedings, matters ensuring their full enjoyment "(Decisions 324:4076, of Judge Fayt).
Note that this solution also to guarantee the accused a further instance of review, it expands the treatment of freedom of the accused, as the denial that is challenged, does not have to delay its passage through the intermediate court in this Court. On the contrary, it creates another opportunity for debate on the federal issue involved, where the defense can find redress of your grievance (expte. D.199.XXXIX, "Di Nunzio, Beatriz H. s / release-due 107572 -" , of Judge Fayt).
therefore dismissing the complaint. Exempts the deposit to the plaintiff under the facts of the case. Notified, refer copy of this file under the court of origin as stated in the consent. 3, and timely filed.
VOTE DR. Argibay .- Considering: That the special appeal, the denial of which results in this complaint is inadmissible (art. 280 CPCCN.).
therefore dismissing the complaint. Intímese the appellant, within the fifth day, make the deposit available to the art. CPCCN 286. (4), the Banco de la Ciudad de Buenos Aires, to the order of this Court and on pain of execution. Let it be known and filed.
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