By majority, the Federal Chamber ordered on Thursday Judge Sebastian Casanello Investigate the “origin and authenticity” of audio recordings Former President of the National Disability Agency (ANDIS), Diego SpagnuoloWho started the case of alleged bribery in purchasing medicines.
“Doubt” about the origin of audio recordings “is shifting It is inappropriate to uphold Casanello’s decisionWhich refused to cancel the lawsuit requested by the defendants’ lawyers.
According to the ruling reached Introductory accountWaiters Roberto Boyko and Martin Errorzon They indicated that the case began based on a complaint from a person based on “press reports,” but the source of the audio recordings in question is not yet known or whether they are real. “Manipulated, edited, or weaponized in whole or in part with artificial intelligence.”Spagnuolo also argued in his defense led by Mauricio D’Alessandro.
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In the dispute, the judge Eduardo Farah He supported Casanello’s decision and said it was his decision Deny the requested cancellation For the defenses of Jonathan, Emanuel and Eduardo Covalvecar, owners of Suizo Argentina Drug Store, and Diego Spagnuolo. was “true”.
Farah said: “What is clear from the file is that there was ‘notitia criminis’ through legal channels, and that the subsequent course printed on the case ‘responds to the legal obligation to initiate a criminal investigation in light of information related to the alleged crimes’.”
Farah stressed this “Suspected audio recordings” relate to “alleged acts of public corruption” stipulated in Article 36 of the National Constitution, the United Nations Convention against Corruption, and the Inter-American Convention against Corruption. In the complaint created by the file, filed by Gregorio d’Albon, the president is mentioned Javier MileyPresidential Secretary, Karina Miley And the advisor Eduardo Menem.
Spagnuolo’s lawyer had stated that the audio recordings would be “evidence that violates constitutional rights and guarantees,” as they were obtained without confirming their source, “surreptitiously,” and could be “false, fraudulent, or obtained without the consent of the interviewer.”
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“It appears the conversation took place in a non-private area.” Judges Boyko and Erurzon, who formed the majority, noted.
Sources with access to the file told PERFIL that They discovered the decisions of the Federal Chamber About the ANDIS issue By media. In another unanimous decision, the justices rejected the non-filing exception.
To discuss this exception, Farah said that in this case it does not constitute a violation of the warranty I repeat myself, Which prevents the state from making repeated attempts to criminally prosecute an individual by bringing successive charges for crimes resulting from the same criminal episode.
On the other hand, the urologist’s defense Pablo Achabahianthe first detainee in the ANDIS case in his rural home in Mendoza, asked this Thursday Cancel your house arrest This is done by ensuring that there are no procedural risks that justify this procedure.
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