A request for impeachment fell on a prosecutor from the Judicial Department of La Plata who is accused of hinder, hinder and complicate the access of a lawyer to a criminal case to defend a defendantas can be seen from the complaint filed with the Secretariat for the Prosecution of Magistrates, where its analysis will begin.
Lawyer Damian Barbosa complaint to the prosecutor Mariana Yanina Albisuhead of the Decentralized Prosecutor’s Office of the neighboring town of Brandsen, which is part of the judicial department headquartered in the capital of the province of Buenos Aires.
As detailed in the complaint, on March 6, 2023, the lawyer asked the Brandsen Decentralized Prosecutor’s Office to consult a case through the Information System of the Public Ministry (SIMP) for a period of 24 hours.
The following day, the prosecutor’s office indicated that the professional had to “indicate in the document the name and surname of the party for whom access is requested.” On that same day, the lawyer complied with the requirement. Later, from the public department they notified him of new requirements to access the digital file. Strictly speaking, they required “a writing, with a holograph signature of the accused, stating his authorization for the process to be verified in SIMP”, a requirement that according to the complainant is not within the legal framework.
Already on March 10, he presented the new requirements requested and reiterated the request for digital access to the case. “This presentation did not have any response”, so the defendant “had to advance my appointment as defense attorney, without him being able to preview the IPP in question. On March 13, I presented to the Brandsen Decentralized Prosecutor my acceptance of the position of defense attorney (…), attaching the appointment document signed by the accused, ”Barbosa recreated in his letter.
“Given the lack of dispatch of this presentation, from my law firm we communicated by telephone with the Brandsen Prosecutor’s Office, and to our surprise they told us that they could not verify the authenticity of the holographic signature” of the defendant “for what they considered convenient that this defense accepts the charge before the intervening Guarantee Court”.
With this stage of the situation, the defender appeared before the Court of Guarantees 2 of La Plata and on March 17 resolved the following: “…being the acting body in this stage of investigation the Public Prosecutor’s Office processing the present IPP before the UFI Decentralized by Brandsen, the acceptance of the position of the defense must be addressed to such headquarters, stating that the certification of a criminal proceeding in which the professional takes part, will be made effective automatically from the date that the aforementioned investigation fiscal unit issue the corresponding ‘act of acceptance of position’ in the system”.
Already on March 20, 2023, two weeks after the first of the attempts to access the file, Barbosa made a presentation before the La Plata Attorney General’s Office, requesting that the means be arbitrated to be able to accept the position of defense attorney, “to that in this way the effective defense in trial of the accused can be guaranteed.” The resolution of the General Prosecutor’s Office “basically limited itself to asking prosecutor Albisu to resolve what was requested by the lawyer in one way or another,” the professional complained.
“It is more than clear that the Brandsen prosecutor violated the right to defense in court, dignity in professional practice and did not observe” the current legal framework that he detailed in his letter.
Finally, the case ended up in the UFI 2 of La Plata in charge of the prosecutor Lacki’s female who within 24 hours enabled the professional access to the file.
The complaint to prosecutor Albisu was filed with the Secretariat for the Prosecution of Magistrates. In addition to the letter, the lawyer provided abundant documentary evidence of his pilgrimage until he could begin to defend his assistant accused of an act of “aggravated robbery” registered in the town of Ranchos.
Photo: Infobrandsen
