Why is Susana Freydoz still Free

[perry]

I have been following this case with great interest as it seems that justice is not being done for Carlos Soria the governor of Rio Negro.

The wife confessed to the crime , the evidence shows that the gun was only touched by her and also that it was fired from a distance showing intent .

To me I am shocked that she has not be arrested as most of the little people who would commit this crime would be arrested and not given lenient treatment as is the case here .

There is no excuse for murder and all people should be equal before the law irrespective of their social position.

http://www.clarin.com/politica/dispuso-custodia-medica-viuda-Soria_0_620938040.html

http://www.clarin.com/politica/Podrian-perpetua-Soria-homicidio-intencional_0_621537973.html

 

[Gringoboy]

I too am surprised, but there appears to be some murmur of suicide.

 

[perry]

I too am surprised, but there appears to be some murmur of suicide.

http://www.elmundo.es/america/2012/01/03/argentina/1325556816.html?cid=GNEW970103

There is absolutely no murmur of suicide as she confessed to the crime to two security guards that look after the Soria house.

Also the gun was only touched by Susana Freydoz as the forsenic evidence has proven.

Also this was done from a distance meaning intent . At the time of his death Carlos Soria was lying down on his side either relaxing or sleeping.


The Argentinian people are very angry about this case and rightly so

Justice must be done and all must be equal before the law

 

[glasgowjohn]

The statement she made to the security guards will not be valid in a court.

She has to declare in front of a judge , after she has been advised of her rights.

The strange machinations of Argentine justice.

Try and work out how the guy in La Plata has been released from custody in spite of evidence placing him at the crime scene.......

 

[Bajo_cero2]

There are no reasons to jail her if there isn t risk of escape or destroy evidence.

The Criminal Procedure Code of that State was writen by my master Julio Maier and it is the best of the country regarding respecting civil rights:

Artículo 219. PROCEDIMIENTO POSTERIOR. El juez penal, a pedido del fiscal, concediéndosele previamente oportunidad de manifestarse al imputado y también a la víctima, puede prescindir de la privación de libertad, cuando considere que no existe peligro de fuga o de entorpecimiento, o sustituir, con ese fin, la medida privativa de libertad por otra medida autorizada por este Código [artículo 227], casos en los cuales liberará al aprehendido, previo cumplimiento de las medidas correspondientes.

So, after they call her for interrogation, the prosecutor might ask for remand only if those risks are present.

The point in this investigation is if she commited an aggravated murder for the link (marriage)(perpetual imprisonment) or homicide tempered by violent emotion (10 up to 25 years).

The judge is investigating if she knew what she was doing or if she reacted without thinking.

Art. 80º - Homicidio agravado

Se impondrá reclusión perpetua o prisión perpetua, pudiendo aplicarse lo dispuesto en el artículo 52, al que matare:

1. A su ascendiente, descendiente o cónyuge, sabiendo que lo son.

Cuando en el caso del inciso primero de este artículo, mediaren circunstancias extraordinarias de atenuación, el juez podrá aplicar prisión o reclusión de ocho a veinticinco años.


[editar] Art. 81º - Emocion violenta y Homicidio preterintencional

1. Se impondrá reclusión de tres a seis años, o prisión de uno a tres años:
   • a) Al que matare a otro, encontrándose en un estado de emoción violenta y que las circunstancias hicieren excusable.
   • b) Al que, con el propósito de causar un daño en el cuerpo o en la salud, produjere la muerte de alguna persona, cuando el medio empleado no debía razonablemente ocasionar la muerte.
2. (Inciso derogado por art. 1° de la Ley N° 24.410 B. O. 2/1/1995)

Art. 82º - Atenuante del homicidio agravado por el vínculo

Cuando en el caso del inciso 1º del artículo 80 concurriese alguna de las circunstancias del inciso 1º del artículo anterior, la pena será de reclusión o prisión de diez a veinticinco años.


Regards

 

[Bajo_cero2]

The strange machinations of Argentine justice..

Well, it is called experience. As soon as that evidence was forbbiden, torture by police or security guys disappeared as a routine practice.

These strage machinations were created by the US Supreme Court and it is called theory of the fruit of the poisonous tree.

http://legal-dictionary.thefreedictionary.com/Fruit+of+the+Poisonous+Tree

The name fruit of the poisonous tree is thus a metaphor: the poisonous tree is evidence seized in an illegal arrest, search, or interrogation by law enforcement. The fruit of this poisonous tree is evidence later discovered because of knowledge gained from the first illegal search, arrest, or interrogation. The poisonous tree and the fruit are both excluded from a criminal trial.

Try and work out how the guy in La Plata has been released from custody in spite of evidence placing him at the crime scene.......

Well, you didn t read the file. The judge thinks that there is no jeopardy of escape or evidence destroying. For sending him to jail the judge need for a guilty sentence.
That s the way it works in a civilized country.

Regards

 

[scarface]

Bajo-
1. With regard to confessions, does AR have anything like the Miranda rule and or Miranda rights?
2. Are spontaneous declarations by an arrestee barred froom evidence even if there was no police interrogation that prompted the declaration?
3. Do statements made to private security guards (not govt employees) enjoy the same protections as statements made to police?
Thanks in advance.

 

[Bajo_cero2]

Bajo-
1. With regard to confessions, does AR have anything like the Miranda rule and or Miranda rights?

No, self incrimination is valid but only if it happends under the judge of the Prosecutor with your lawyer present.

It means that our system goes beyond Miranda because whatever you tell to police, cannot be used at Court.

2. Are spontaneous declarations by an arrestee barred froom evidence even if there was no police interrogation that prompted the declaration?

They are forbbiden because this was the euphemism that police used to get confesions under torture.

3. Do statements made to private security guards (not govt employees) enjoy the same protections as statements made to police?
Thanks in advance.

Yes.

I just realize that the Judge is Juan Pablo Chirinos. I know him. He is a disciple of Master Bovino as I am. Here you have an interview that Bovino made him about this case:
http://nohuboderecho.blogspot.com/2012/01/blog-post.html

At the interview he said that he only enacts a remand for 30 days when there is jeopardy of escape or obstructing the investigation. After that, automatically it expires and if the prosecutor believes that the person should remain in jail, then he has to evidence it.

He doesnt take in consideration the seriousness of the offense. He mentioned that he already investigated 3 cases of murder like this one and those women were in freedom until they were found guilty in trial and all of them got a life sentence.

He mention that it is not dangerous for society to leave a wife who murdered his husband because she aldeady killed him, normally these persons are able only to kill his/her spounse.

Regards

 

[mercjoe]

Simple, there's no truly justice here. Killers, thiefs, etc have more rights than normal decent people. That crazy woman should be hanged or jailed for life. In this case I'm not quite sure the gobernor was normal nor decent, but you get the point.

 

[Bajo_cero2]

Simple, there's no truly justice here. Killers, thiefs, etc have more rights than normal decent people. That crazy woman should be hanged or jailed for life. In this case I'm not quite sure the gobernor was normal nor decent, but you get the point.

She is probably going to to get a life sentence in jail but after a TRIAL.
Regards