Juan Darthés’ plan to avoid a conviction for "aggravated rape"

Friday, November 26, 2021 | 9:21 am.

The legal defense of Juan Darthés told Télam that he trusts that the actor born in Brazil will be acquitted, considered that the sentence will be handed down in 2022 and revealed that his main strategy will be to contradict the witnesses cited by the complainant, the actress Thelma Fardin, who accuses him of having raped her when she was 16 years old, in 2009, during a tour of Nicaragua.

Darthés, born in Brazil as Juan Pacífico Dabul, runs the risk of receiving a sentence of between 6 and 12 years in prison in a prison in the state of Sao Paulo if he is found guilty of the crime of “aggravated rape” against Fardin.

His lawyer, Luiz Antonio Nazareth, spoke with Télam in Sao Paulo before the start of the trial, on November 30, in which the actor, heartthrob and singer who spent his entire career in Argentina will be declared innocent.

“It has become clear that he is innocent. He is going to testify and plead not guilty, he is going to contradict the statements of the witnesses who say they want to incriminate him. He is calm and confident, of course, with the pressure that comes with having to go to a court hearing. “, said the lawyer to this agency.

“It has become clear that he is innocent. He is going to testify and plead not guilty, he is going to contradict the testimony of the witnesses who say they want to incriminate him.”

The federal criminal judge Alí Mazloum must decide on an unprecedented case in the Brazilian justice system, since the crime that he will have to analyze, and which was accepted by the Brazilian prosecutor’s office, occurred in Nicaragua in 2009.

Since 2019, after Fardim’s complaint, Darthés has lived in Brazil and has a request for arrest in Interpol’s red alerts. As he is Brazilian, he can move freely with his family in that country, but if he crosses a border he runs the risk of being arrested.

It is within this framework that the hearings, for which 11 witnesses are summoned, all the intervening parties, including the accused, will participate remotely.

The actor talks remotely even with his lawyers. “I do not know what place is currently,” said lawyer Nazareth, who recommended that he not leave Brazil.

According to the lawyer, the case is “anomalous” because there was no evidence instruction as in any common case.

“The original accusation is in Nicaragua, a country that is a dictatorship, and he was there just that time, on the Ugly Duckling tour. But in Brazil the Public Ministry accepted the documentation of the complaint without having been able to investigate anything because in Brazil it was not nothing happened and there was no investigation in Nicaragua, “he said.

The case is not shocking in Brazil: Darthés, or Juan Pacífico Dabul, is not known in his country of birth as he is in Argentina and the case was hardly addressed by two television channels.

Darthés spoke last May with the Bolsonarista channel TV Record, whose owner is the Universal Church.

Faced with a question from Télam, the lawyer said that, in case of being convicted, Darthés must have a different treatment of the Brazilian Penal Code.

It is precisely in 2009 that Brazil changed the Penal Code of 1940 and increased the penalties for rape of minors.

The actor talks remotely even with his lawyers. “I do not know what place is currently,” said lawyer Nazareth, who recommended that he not leave Brazil

The crime for which Darthés is accused is “rape qualified with serious bodily injury.”

“In case he is convicted, something that we do not believe because there is no evidence or testimonies except for Thelma’s complaint, the minimum sentence would be 6 years, taking into account that he has no prior record,” he stressed.

For the criminalist Nazareth, the sentence runs the risk of being issued by judge Ali Mazloum only in 2022, after the judicial fair that runs from December 17 to January 6.

What is clear for the defendant’s defense of raping an adolescent when the defendant was 45 years old is that the magistrate of the sixth chamber of federal criminal justice may require other procedures, such as written submissions from the parties to make a decision.

In any case, in the event of a conviction, the Secretariat of Penitentiary Administration of the State of Sao Paulo must determine the prison where it must be served.

Depending on the case, it can be a jail called “vip” or in a common prison, but there are also alternatives such as the semi-open regime, that is, free during the day but sleeping in the prison.

“There is not the slightest chance of being extradited to Nicaragua, the crime is already being tried in Brazil,” Nazareth clarified, adding: “We want the judge to give us time to present the allegations in writing, with which the sentence can go away. in 2022 “.

The lawyer said that he will not raise the incompetence of the judge and that “there will be a very respectful treatment” for the complaining Argentine actress. “We have nothing against her,” he maintained and linked the complaint to an alleged interest in “perhaps seeking promotion” in the artistic world.

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