Former president Alberto Fernandez accused of domestic violence... and corruption

[fein]

I said republican institutions: separation of powers. Now you confuse democratic with theocratic institutions where private life is a public matter.
You are changing the facts here, you invented a femicide. Nobody died. A murder is a crime of public action where everybody has the duty to denounce and all the public officers to prosecute.
However, family matters like domestic violence are a private business in secular societies where judges have no poder unless the victim submits a formal denunciation (arts. 19 and 20 NC). This is what difference Medieval Ages from modernity. But there is a clear regression in society.

I admit that I made a mistake by using the word "femicide" here. The correct term I should have used is "violence against women". Sorry about that.

But the rest of your post is hilarious. "Theocratic," "Medieval Ages"? LMAO! What do you smoke in the morning?

The executive branch I mentioned in my post is one of the three branches of a democracy. But the best part is your view that domestic violence is "private business"! That’s priceless. This says a lot about you!

And the most shocking thing is that you claim to be a lawyer. Yet here I am, a regular citizen, having to explain it to you.

Ley 26.485 - LEY DE PROTECCIÓN INTEGRAL A LAS MUJERES

Link: https://servicios.infoleg.gob.ar/infolegInternet/anexos/150000-154999/152155/norma.htm

ARTICULO 18. — Denuncia. Las personasque se desempeñen en servicios asistenciales, sociales, educativos y desalud, en el ámbito público o privado, que con motivo o en ocasión desus tareas tomaren conocimiento de un hecho de violencia contra lasmujeres en los términos de la presente ley, estarán obligados aformular las denuncias, según corresponda, aun en aquellos casos en queel hecho no configure delito.

It clearly states here in Article 18 that these individuals must report any such act, meaning that authorities can be informed about a situation even if the victim does not file a formal complaint.

And now, regarding your ridiculous claim that a judge has no power unless the victim reports the crime. See Article 22:

ARTICULO 22. — Competencia. Entenderáen la causa el/la juez/a que resulte competente en razón de la materiasegún los tipos y modalidades de violencia de que se trate.
Aún en caso de incompetencia, el/la juez/a interviniente podrá disponer las medidas preventivas que estime pertinente.​

This clearly implies that judges can act in cases of domestic violence to protect the victim, even if the victim does not press charges.

If you had been watching the news lately on channels other than C5N or reading newspapers other than Pagina 12, you would have heard/read experts discussing this topic and explicitly stating that judges can act without the victim reporting the crime in this case.

Let me know if you need more info... I’d be happy to Google it for you.

​

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[Silvie]

Women's abusers are always in state of denial

 

[Bajo_cero2]

Question: couples that are not legally married but with a child when they legally separate/divorce the concubine has the same rights as in a married couple that divorces ?

No. She has the right to child support only.

 

[Bajo_cero2]

I admit that I made a mistake by using the word "femicide" here. The correct term I should have used is "violence against women". Sorry about that.

But the rest of your post is hilarious. "Theocratic," "Medieval Ages"? LMAO! What do you smoke in the morning?

The executive branch I mentioned in my post is one of the three branches of a democracy. But the best part is your view that domestic violence is "private business"! That’s priceless. This says a lot about you!

And the most shocking thing is that you claim to be a lawyer. Yet here I am, a regular citizen, having to explain it to you.

Ley 26.485 - LEY DE PROTECCIÓN INTEGRAL A LAS MUJERES

Link: https://servicios.infoleg.gob.ar/infolegInternet/anexos/150000-154999/152155/norma.htm

ARTICULO 18. — Denuncia. Las personasque se desempeñen en servicios asistenciales, sociales, educativos y desalud, en el ámbito público o privado, que con motivo o en ocasión desus tareas tomaren conocimiento de un hecho de violencia contra lasmujeres en los términos de la presente ley, estarán obligados aformular las denuncias, según corresponda, aun en aquellos casos en queel hecho no configure delito.

It clearly states here in Article 18 that these individuals must report any such act, meaning that authorities can be informed about a situation even if the victim does not file a formal complaint.

And now, regarding your ridiculous claim that a judge has no power unless the victim reports the crime. See Article 22:

ARTICULO 22. — Competencia. Entenderáen la causa el/la juez/a que resulte competente en razón de la materiasegún los tipos y modalidades de violencia de que se trate.
Aún en caso de incompetencia, el/la juez/a interviniente podrá disponer las medidas preventivas que estime pertinente.​

This clearly implies that judges can act in cases of domestic violence to protect the victim, even if the victim does not press charges.

If you had been watching the news lately on channels other than C5N or reading newspapers other than Pagina 12, you would have heard/read experts discussing this topic and explicitly stating that judges can act without the victim reporting the crime in this case.

Let me know if you need more info... I’d be happy to Google it for you.

​

​

You really need to read article 19 of the AR National Constitution. It says that on private life of people, that they do not offend morality in public, judges have no power.

 

[Bajo_cero2]

All the K supporters on this forum were horrified that Milei cloned his dog and was friends with his sister.

Alberto was a racist he beat and cheated on his wife and they said nothing.

LOL

You mean his father in law is his father.

 

[fein]

You really need to read article 19 of the AR National Constitution. It says that on private life of people, that they do not offend morality in public, judges have no power.

You mention one key issue yourself: “Morality.” The president beating the shit out of his wife is clearly an offense to morality. Or in what parallel universe do you live?

As I mentioned, I’m not a lawyer, but using common sense leads me to agree with experts who have discussed this issue in various news programs, before Fabiola Yañez pressed charges. Domestic violence is not a purely private matter because it directly harms another person and, by extension, affects public welfare and morality.

This interpretation also aligns with Argentina’s obligations under international human rights treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women, which Argentina has ratified. (Link: Convention on the Elimination of All Forms of Discrimination Against Women)

And all legalities aside, what a bunch of cowards for not offering her any help back then in Olivos. But no surprise there.

PS: Let me know if you have any other question regarding your legal system. I am happy to Google them.

 

[Rich One]

No. She has the right to child support only

So she can't get a cut of the hidden dollars of the former husband...!

 

[LuckyLuke]

But the rest of your post is hilarious. "Theocratic," "Medieval Ages"? LMAO! What do you smoke in the morning?

The executive branch I mentioned in my post is one of the three branches of a democracy. But the best part is your view that domestic violence is "private business"! That’s priceless. This says a lot about you!

And the most shocking thing is that you claim to be a lawyer. Yet here I am, a regular citizen, having to explain it to you.

You mention one key issue yourself: “Morality.” The president beating the shit out of his wife is clearly an offense to morality. Or in what parallel universe do you live?

PS: Let me know if you have any other question regarding your legal system. I am happy to Google them.

Fein...we're all mature adults here...I enjoy a lively debate as much as anyone else, but please dial down the internet trash talking. You can disagree or correct someone without constant ad hominem attacks. Nobody wants to see this forum devolve into 4Chan.

We're all here to collaborate and share advice without fear of reprisal from internet gangsters.

 

[fein]

Fein...we're all mature adults here...I enjoy a lively debate as much as anyone else, but please dial down the internet trash talking. You can disagree or correct someone without constant ad hominem attacks. Nobody wants to see this forum devolve into 4Chan.

We're all here to collaborate and share advice without fear of reprisal from internet gangsters.

I believe my posts have been factual and precise when you consider the complete text I’ve written. I’ve cited relevant laws and provided a summary explaining why I think they support my opinion. On the other hand, I find it quite unprofessional that my earlier posts were met with terms like “theocratic” and “medieval ages.” That sounds more like “trash talking” to me, especially coming from someone who claims to be a professional in this field. But point taken.

 

[FrankPintor]

I'd add my voice to @LuckyLuke , not that he needs or even wants it. @Bajo_cero2 tends to be right on most legal matters, as you might expect from a lawyer who's not only argued cases in federal court, but also won them. he frequently cites "Roman Law", which is a significant influence in Southern Europe, as well as South America, it's not like he's going back to Roman times, or even to the medieval ages, but contrasting with (I assume) with Common Law as used by the UK, Ireland, and other countries. @Bajo_cero2 's English may be sometimes wanting, but he's not posting in his native language, and I read his posts attentively. Let's not beat up on him please.