What A Moto Robbery Looks Like

[Bajo_cero2]

Well you are a criminal lawyer after all so I don't expect you to think about the victims and likelihood of re-offending before sentencing.. How long does this process usually take in the efficient Argentine legal system?

1 year.

 

[Bajo_cero2]

Although it might surprise some to see an intelligent lawyer attacking pre-trial detention for violent criminals. It does make sense if looked at from a political perspective. A staunch Peronist (perhaps with political ambitions) is going to defend any government actions as a loyal party member.

This lawyer might very well decry this, in the most strident terms, if an opposition party were in power.

Please read what you write, he is a shame for violent criminals.

 

[Somewhereinba]

1 year.

Do you see a problem with a person who has committed armed robbery on camera roaming the streets for 1 year? Are you aware of how many criminals re-offend?

 

[Bajo_cero2]

Do you see a problem with a person who has committed armed robbery on camera roaming the streets for 1 year? Are you aware of how many criminals re-offend?

In fact he didn't commited it. He attempted it.
The penalty is 5/15 if it was commited and 33% for an attempted. It means 20 months up to 5 years.

Jail during process is available only on crimes with over 8 years of jail if he gets sentenced. In this case is 5.

I m a criminal lawyer, i don t judge people.

 

[Somewhereinba]

In fact he didn't commited it. He attempted it.
The penalty is 5/15 if it was commited and 33% for an attempted. It means 20 months up to 5 years.

Jail during process is available only on crimes with over 8 years of jail if he gets sentenced. In this case is 5.

I m a criminal lawyer, i don t judge people.

Is this because Argentina doesn't have the money to house more people in jail who would await trial and sentencing for serious crimes like armed robbery?

 

[Bajo_cero2]

Is this because Argentina doesn't have the money to house more people in jail who would await trial and sentencing for serious crimes like armed robbery?

No, it has nothing to do with that. At Pcia. de Buenos Aires they jailed so much people that they have to sleep in turns because the room is as crewded as a bus in rush hour. There jail during process is normal.

It has to do with something different, constitucional rights.

 

[Somewhereinba]

It has to do with something different, constitucional rights.

They don't apply to the next potential victims I guess. Struggling to accept that a person who committed armed robbery (or attempted) is walking the streets before trial. Wrong on so many levels.

 

[Bajo_cero2]

They don't apply to the next potential victims I guess. Struggling to accept that a person who committed armed robbery (or attempted) is walking the streets before trial. Wrong on so many levels.

You should move to country where the sharia is enforce and there people just cut his hand right there or they Stone him to death.

But, comming back to the topic, of course constitucional rights applies to the victim: the existance of courts and police are constitucional rights too.

 

[sergio]

[background=rgb(252, 252, 252)]"You seem (words can be imprecise, I may be taking you wrong) to be [/background]feeling[background=rgb(252, 252, 252)] more irritation with this yanqui than outrage at what the thief did"[/background]

[background=rgb(252, 252, 252)]So the offensive term "yangui" now extends to Canadians? [/background]

Some people here seem surprised at how the Argentine criminal justice system works. I am surprised that they are surprised. It is a no-man's land in Argentina of lawlessness and lack of justice. By the way, there is a generous system of giving criminals credit for time spent awaiting trial. Maybe someone familiar with details can explain.

 

[Bajo_cero2]

Sergio, when jail during process was the rule, there was no incentive for going to trial because they were already in jail. So, 90% of people jailed was innocent and they were there for 7/10 years when, if they have the trial they were going to be found non guilty (statics shows that 5% of the cases are guilty senteces, mainly cases fail for lack of evidence).

So, there were mutinies at jails all around the country. The answer was law 24.390 that stablished that every day at jail being innocent counts double if you are senteced guilty.

That law was abolished and the new law repeat the same rule than the international human rights standards that says that somebody can be jailed without sentence for a máximum of 2 years.

http://www.catedradeluca.com.ar/MATERIAL/Garantias%20constitucionales%20del%20proceso%20penal/Javier%20A.%20De%20Luca.%20La%20ley%2024390%20y%20sus%20modificaciones%20por%20la%20ley%2025.430.doc

Clarification, according to human right standards, preventive jail is only valid if there risk for the criminal trial: a) that he can escape B.) intimidate witnesses or c) destroy evidence.