What A Moto Robbery Looks Like

[Bajo_cero2]

According to the Argentine law the robber can have a gun to protect himself (an ex prisoner authorized by the experts). The robber remains free, allowed to keep a gun until the law suit ends (he is not guilty yet), etc.

This is not true.
Self defense requires illegal attack, a criminal cannot (legally) self defense.

He cannot legally keep the gun. The judge normally order the police to go to his home to confiscate it.

Canadian tourist can return Argentina whenever he wants and he can go for a bike ride around La Boca. Of course, the Canadian guy cannot carry a gun to protect himself if he has no DNI.

Almost Nobody is allowed to carry a gun. The permits are for having them at home for self defense.

It is clear that the robber does not fear justice; I heard the robber saying that the justice will decide weather if he is going to be imprisoned and that he does not care about what people say about him. What I notice is that the guy knows what to say word by word, such as he did not plan this or that and that he just took advantage of an opportunity

The guy is a pro so he has proper legal advice.

I said we need more criminals like him (instead if those who kill you) because the criminal code has a lot of incentives for criminals who do not kill or don t use violence or gave up.
To give up (as i think it happend) is a reason for forgiveness at the criminal code. However, there is still the abuse of fire arm.

(it is obvious he had a new motorbike to steal, a gun, and a scarf to partially cover his face, robbers do not use stolen motorbikes anymore because they have better chances to get away with it if they are caught). He has been into many troubles before and he is an expert in getting away with it.

If he use a stolen motorbike, then he will be facing 20 years in jail instead of 20 monts up to 3 or 5 years, i don t remember now.

The criminals who attacked me and my familly were using their own car too, police identified them, they declared that was a simple car crash, as far as i didn't récord them when they crash us at purpouse, they were found non guilty ( they forcé you to stop to rob you).

If this guy does not fear to be with a gun on the street with many people looking at him. Just imagine how this person behaves when he is not watched.

Helloooooo, it is La Boca not Recoleta.
I don t think that he behaves different.

The robber is not an idiot, he is a criminal and must pay for his debts to the society.

We agree, i refered to the victim as "the idiot".

 

[ArielFabian]

[background=rgb(252, 252, 252)]The judge "normally" order the police to go to his home to confiscate it:[/background]


[background=rgb(252, 252, 252)]It is not the case, he had a gun for self-defense. The robber said that, and if he lied on TV he should be arrested immediately. In both cases there is no justice. The "robber" said on TV, I did not rob in the last 15 years (so he admitted he robbed at the age of 33 - 15 = 18, this means he was arrested or at least in serious problems when he was 18, and not before because he was under the legal age, once he learnt the tricks needed to not be caught, he was not arrested again, but.. now, he has the problem that he was filmed by a tourist and he appears on CNN and other networks.. what a problem...).[/background]

The victim is an idiot? He is not an idiot, he is a victim. According to our constitution Argentina is a country where everyone who wants to live in peace can go anywhere in our territory. And you being a lawyer call the victim an idiot ???? The VICTIM just wanted to visit a touristic place. When your family has been attacked were they idiots too? A victim cannot be referred as an "idiot", not even figuratively as a joke, specially if you are a criminal lawyer.

It is obvious the robber lied, you do not go around La Boca with a motorbike and a gun. If it is La Boca or wherever, it does not matter. THE ROBBER LIED !!!!!!!!!!!!! It was not an "opportunity", you do not drive a motorbike and carry a gun to take advantage of an opportunity. His intention was to rob, and it is not true that he did not rob in the last 15 years. I cannot believe he is still free, the lack of justice is much worse than I thought. This is worse than in the far west.

I have RIGHTS to be around La Boca or wherever I want; I cannot believe you are telling me where I should walk! Going for a ride bike is not a crime.

The robber has been forgiven in the past with a relaxed charge and it is obvious it did not work for him. He had a second chance, he did not take advantage of it, and he is still free.

 

[ajoknoblauch]

Defending Gastón in court, would Bajo_cero argue for acquittal because the Canadian was "an idiot?"

 

[Bajo_cero2]

[background=rgb(252, 252, 252)]
The judge "normally" order the police to go to his home to confiscate it:[/background]

[background=rgb(252, 252, 252)]It is not the case, he had a gun for self-defense.

Right, and you leave grass for the reindeers of Saint Clauss on Chrissmass eve.

[background=rgb(252, 252, 252)]
The robber said that, and if he lied on TV he should be arrested immediately. In both cases there is no justice.

The law is different in Argentina. While in the US the accused has to declare under oath, in Argentina in use of the art. 18 of the National Constitution (self defense right) he cannot be forcéd to declare against himself. It means that he can keep silent or to lie and this is legal.

[background=rgb(252, 252, 252)]
The "robber" said on TV, I did not rob in the last 15 years (so he admitted he robbed at the age of 33 - 15 = 18, this means he was arrested when he was 18, and not before because he was under the legal age, once he learnt all the tricks needed to not be caught, he was not arrested again, but.. now he has the problem that he was filmed by a tourist and he appears on CNN and other networks).[/background]

With all my respect, here you are being naive.
In non common law countries, the posibility to send somebody to jail expires after the máximum of the penalty pass by.

Guess how many years is for robbery? Right! 15 years. He confessed absolutely nothing.

In fact he didn't robb the Canadian guy neither.

So, you confirmed my asserts that this guy is a pro very well adviced by his criminal lawyer.

[background=rgb(252, 252, 252)]
The victim is an idiot? He is not an idiot, he is a victim. According to our constitution Argentina is a country where everyone who wants to live in peace can go anywhere in our territory. And you being a lawyer call the victim an idiot ???? What kind of lawyer are you? When your family has been attacked were they idiots too?

The receiver of the art. 20 of the National Constitution (the right to go anywhere) is the goverment. It means that the goverment cannot deny you to go to La Boca, but if you go it is under your own risk.

Regarding me and my familly, yes, we were idiots.
We were on vacations, on the road to Ezeiza, with luggage in the front seat. They were just beside us, the saw the luggage, they thought we had usd cash, they hit us immidiately trying to make us stop.
I had an argue with my wife because i told her before leaving home that we should use the car plus a taxi but she didn t want to spend the 300 pesos. It was predictable...

[background=rgb(252, 252, 252)]
It is obvious the robber lied, you do not go around La Boca with a motorbike and a gun. If it is La Boca or wherever, it does not matter. THE ROBBER LIED !!!!!!!!!!!!! It was not an "opportunity", you do not go with a motorbike and a gun and take advantage of an opportunity. His intention was to rob, and it is not true that he did not rob in the last 15 years.

Well, do you still wait that a professional criminal tells the true?

[background=rgb(252, 252, 252)]
WEAK UP ! What kind of lawyer can believe on his words? If you believe this S*it it is because you are part of the crime. I have RIGHTS to be around La Boca or wherever I want; I cannot believe you are telling me where should I walk! Going for a ride bike is not a crime.

Should i clarify that i do not believe him? Come on!

You can go where ever you want, risk is not only on criminals. You can go to Sierra Leona and guess what? You can get Ebola. It is the same.

Nobody disagree that to go on vacation to a city with a pandemia of Ebola is stupid. It is also stupid to go to La Boca with a big sign that says "yes, i m a tourist".

 

[Bajo_cero2]

Defending Gastón in court, would Bajo_cero argue for acquittal because the Canadian was "an idiot?"

Of course but with legal language. The accused decided to give up because the victim was an idiot that didn t have brains enough to understand that he was able to kill him and get the bag just like that.

When the criminal decides to give up by his will, there is acquittal because the law rewards that. In theory they call it the "golden bridge" that allows him to cross to acquittal.

The silver bridge is the attempt but there the crime didn t happend because, for example, police showed up. Then is 33% of the penalty.

Any complain about the criminal law, before Ajo asserts that this is the Queen's fault, you should resend it to the Germán's criminal law school.

 

[ArielFabian]

The receiver of the art. 20 of the National Constitution (the right to go anywhere) is the goverment. It means that the goverment cannot deny you to go to La Boca, but if you go it is under your own risk.

Bullsh*t, the GOVENMENT is denying me to go La Boca by providing a criminal with a gun and keeping him free.

 

[Bajo_cero2]

Bullsh*t, the GOVENMENT is denying me to go La Boca by providing a criminal with a gun and keeping him free.

He is under criminal investigación, he is not a "paramilitar" working for the goverment like in Colombia or a black water mercenary working for the US goverment, he is just a criminal.

 

[ArielFabian]

Of course but with legal language. The accused decided to give up because the victim was an idiot that didn t have brains enough to understand that he was able to kill him and get the bag just like that.

When the criminal decides to give up by his will, there is acquittal because the law rewards that. In theory they call it the "golden bridge" that allows him to cross to acquittal.

The silver bridge is the attempt but there the crime didn t happend because, for example, police showed up. Then is 33% of the penalty.

Any complain about the criminal law, before Ajo asserts that this is the Queen's fault, you should resend it to the Germán's criminal law school.

I cannot hear you anymore, if the criminal remains free and kills someone I hope this person to be a lawyer that defends criminals to get away with it. I will not answer your posts anymore.

 

[Bajo_cero2]

I cannot hear you anymore, if the criminal remains free and kills someone I hope this person to be a lawyer that defends criminals to get away with it. I will not answer your posts anymore.

Thank you so much for that!

I just explained you ABC of criminal law as a former profesor of UBA University.

By the way, i m a former criminal lawyer because i decided to help people who really deserves it. That's why i become the lawyer of the víctims of illegat trafficking of immigrants (80% of the cases i deal on nowadays while the other 20% is people who arrived with visa)..

 

[ajoknoblauch]

Of course but with legal language. The accused decided to give up because the victim was an idiot that didn t have brains enough to understand that he was able to kill him and get the bag just like that.

So, attempted robbery and assault with a deadly weapon get a free pass in Argentina?