A seis meses de la sustracción de Loan Danilo Peña en un paraje de 9 de Julio en Corrientes, habló la jueza Cristina Pozzer Penzo con el equipo de #QCD.
👉 Seguí en #Alerta24/7
👉 Seguí en #Alerta24/7
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00:00It's fair, it's fair, it's fair to fall alone, and understand me, only to the federal judge?
00:11No.
00:12Or do we also have to talk about the first ordinary prosecutors?
00:16The main culprits.
00:17Of the federal prosecutors.
00:18Of course.
00:19No one talks about that?
00:20Those are the main culprits who let the concrete evidence to lead to a conviction to the criminals of this band.
00:28So, that's what we have to attack.
00:31The judge goes out to put patches where she can't anymore, but there are irreproachable evidence like you say, Nahuel.
00:36There are things that should have been done at the time that they will not be able to do.
00:39There are the culprits.
00:40Ah, well.
00:41Those two ordinary prosecutors.
00:43Incapable that one leaves now as an official defender that I don't know what he's doing.
00:47Sorry, I get nervous that you make me.
00:49Yes, I see you, I see you.
00:50Are you going to give him something?
00:51No, no, it's fine.
00:52I don't know if it's water or transpiration.
00:54Nothing happened to him so far.
00:55I don't know if it's water or transpiration.
00:56Look, then believe that the judge now, the judge what he's doing is covering the holes that left the two sinister prosecutors we had in this cause.
01:04Let's see, there's more.
01:05There's more from the judge.
01:07Bad that I weigh.
01:08And messages do not want to put?
01:09There are more messages?
01:10I don't know, tell me.
01:11There was one that indicated that they also reconcile, no.
01:13Let's see.
01:14Calm down, Diego, don't be toxic.
01:16Nahuel is your loyal friend.
01:17They treat you as toxic.
01:18Well, people obviously buy anything, buy pots.
01:20People don't, huh, because many support me, most of them.
01:24I don't know if you support me, but some exceptions like this one that still trust you, very wrong.
01:32It's not wrong, Diego.
01:34I think it's time to listen to the judge.
01:36Yes, let's go.
01:38It seems corrective, but this has to be processed in the process.
01:42What I can say is that it does the sanity of any process, that there are different opinions and judgments.
01:49The prosecutors have a role, the defense, the jury, the judge.
01:52It's very occupying when we are all in the same line, I don't know if I'm clear.
01:56I think that in this, the process is enriched and that all guarantees and rights are respected.
02:01In general, and not giving to the case in particular that we are talking about,
02:06the judges can say that, in our opinion, we still lack elements to cite someone as accused.
02:14That is discretionary, it is a position that the judge has.
02:18It can be reviewed, like all first instance judges, for the tranquility of the community.
02:23We are the most reviewed, because the first instance is the one that is at the foot of the canyon.
02:28Then the jurisdictional chamber, the case chamber, the court, the magistrate's council, the disciplinary part,
02:34check us. It is a constant process of analysis of what we are doing.
02:41She made it clear, right?
02:42It was very clear.
02:44Are there enough elements to cite her as accused?
02:47That's what we say, right?
02:49But logically, she was referring to two of the women who are in doubt,
02:52who are Camila and Macarena.
02:54There are no elements, Diego.
02:56The prosecution asked Macarena to cite her as accused,
02:59and another man who had been with Benitez.
03:01No, there are no elements.
03:02Look at what they are doing. There are seven detainees.
03:05And according to that process, what you are telling me, in a few words,
03:09is that the seven had the intention and the concrete goal of getting her out,
03:14or at least disappearing from the OAN.
03:16I mean, do you understand me? The serious thing.
03:18So the judge, which is easier, and unfortunately she has no other option,
03:22to put seven with little responsibility, because it is up to 15 years in prison,
03:28than to really put four, three, two or one, understanding what happened.
03:35So it's easier.
03:37Let's be fair.
03:38We start in a salomonic failure, we throw the preventive for seven,
03:42we throw the trial for seven.
03:43It is not known very well what happened.
03:45By doubt we put everything in the bag.
03:47By doubt?
03:48The camera.
03:49Cut, cut.
03:50How much time does the camera have to solve?
03:52No, no, no, there is no time.
03:53There is no specific time.
03:54The times are not predetermined.
03:56Which means that they will not be exhumed in time,
03:59but what happens, what will happen,
04:02is that it will be dedicated precisely to analyze the criminal conduct of each of them
04:06and if the causal link of the evidence with the indictment is well granted.
04:11And there really is no evidence.
04:13The smell of the dog, the smell of the dog, which is going to be null,
04:16the call from the walkie-talkie with the policeman next to him,
04:21talking to the other policeman.
04:23That there is no record of that.
04:24That's the evidence.
04:25Do you know the only clue there is?
04:26The only clue they should have deepened,
04:28and that according to the precedent they did not,
04:30of the boot.
04:31Of the finding of the boot.
04:32Because the boot is the only thing that leads us to know
04:35that really that person took the boot out of Loan
04:40and they planted it.
04:42So, there we know that there is a causal link between Loan,
04:45the crime body that does not appear,
04:47and the indictment.
04:49And now,
04:50suppose that this cause is null,
04:54of absolute nullity,
04:56and it falls.
04:57Yes?
04:58Yes.
05:00The judges, prosecutors and all this,
05:02with what do they pay all this?
05:03With nothing.
05:04How?
05:05With nothing, unfortunately.
05:06With nothing.
05:07In the hypothetical case it is counterfactual,
05:09because it could never be,
05:11in law there are two kinds of nullities,
05:12some relative, others absolute.
05:14In this case, all the nullities that happen in this process
05:17are going to be relative,
05:19as long as they can be reproduced.
05:20There are very specific nullities, absolute,
05:23but they are not going to make the whole cause fall.
05:25But ultimately, as you say,
05:27with nothing.
05:28I do my job badly,
05:30and the law school grabs me and takes my license.
05:32You do more of your job, they fire you.
05:34You do the same.
05:35Of course.
05:36Here, no one pays anything.
05:37On the contrary, they hide it.
05:39The Attorney General tells him,
05:42listen to me, now change your job,
05:44go to the defense.
05:45You continue to charge your salary.
05:46You still belong to the public ministry.
05:48So, he passed me the public ministry,
05:50he passed me the defense.
05:51Great.
05:52Everything is party, eat roast, lechones,
05:54take five mates,
05:55and nothing happened here.
05:56Yes, Miyapi, who has been in prison for about five months,
05:59and you can imagine,
06:01he will spend the summer in prison.
06:03In his case, he was detained at home,
06:05in a home prison.
06:06But hey, it's an affectation, let's say,
06:08to his freedom.
06:09If he is absolved,
06:10can the State judge him?
06:11Yes.
06:12What happens is that here,
06:13the State judges.
06:14I have detainees who were three or four years old
06:16and still do not prosper.
06:17Unfortunately, our system,
06:18which is the Anglo-Saxon system,
06:20Roman, it is not Anglo-Saxon,
06:23which, unfortunately,
06:24has not planned to remunerate.
06:27There have been very few cases,
06:29but it doesn't make sense.
06:31They destroyed his life.
06:32I don't want to defend someone
06:33who still doesn't know
06:34if he is guilty or innocent.
06:35Of course.
06:36The presumption is there.
06:37But what really worries me
06:38is that if they are going to base an oral trial,
06:40a sentence,
06:41well,
06:42I also saw the sentence of Villagé,
06:44that of the boy who ...
06:46Baezosa.
06:47Of Baezosa,
06:48who was also based in a way,
06:49of a guy who has been sentenced to life.
06:51Everything can be in this country.
06:52Justice, unfortunately,
06:53the quality of justice is the same
06:55as buying a Chinese toy.
06:56That's why I tell you,
06:57the media pressure,
06:59the media pressure plays.
07:01Yes, of course.
07:02It plays.
07:03If not, he was still in the ordinary prosecution
07:05and they were talking about the boy being lost.
07:08Yes.
07:09Watch out, watch out.
07:10He would have walked the theory of love.
07:11And I ask you,
07:12does anyone quote this?
07:14Because the judge,
07:15now indulging a judge's guilt,
07:16the judge is putting patches on the investigation,
07:18knowing that the whole country is looking at him.
07:20But the reality is,
07:21those two fiscal criminals,
07:23who were prosecutors,
07:24who are no longer,
07:25or one remained,
07:26those have to give up.
07:28For their own honor,
07:29they have to give up.
07:30The Public Prosecutor's Office
07:32has to tell them,
07:33let's clean up these people,
07:34or take the identity test.
07:36Yes, but you also know very clearly, Omar,
07:38that the prosecutor does not move alone.
07:41No.
07:42The prosecutor responds to the prosecutor general.
07:44Sure.
07:45The prosecutor general lowers a guideline
07:47and you have to comply with it.
07:48He has to give up.
07:49The prosecutor general has to give up.
07:51The prosecutor general,
07:52who took a statement from the prosecutor.
07:54Look, I'll explain something to you.
07:55It's very simple.
07:56Analog case.
07:57The lawyers.
07:58If I have in my studio
07:59a person who did not work well in your case,
08:01and you tell me,
08:02hey Omar,
08:03this person did not do well in the case,
08:04automatically the next day he is no longer there.
08:06Of course.
08:07So if I, as a lawyer,
08:08do that,
08:09imagine the justice,
08:10what obligation they have to have.
08:12Of course.
08:13So, enough lies.
08:14Open people's eyes,
08:15you have to talk to them.
08:17Open people's eyes,
08:18that this process is not any kind of justice.
08:21They already opened them a while ago,
08:23and that's why they ask for justice as they ask.
08:25In the best of cases,
08:26the elephant has escaped,
08:27and whoever would have to go to perpetuity
08:30is not going to go with this process.
08:33At 7 years old,
08:34you're going to have him drinking mate,
08:36roasted in the current.
08:37Because the crime is,
08:38what is now imputed,
08:40subtraction of a minor of 10 years.
08:43How many, what is the expectation?
08:44Up to 15 years,
08:45from 6 to 15.
08:46From 6 to 15 years.
08:47When you don't have a record,
08:49the court understands
08:50that the sentence has to be the least possible.
08:53Of course,
08:54it is considered aggravating and attenuating.
08:56Surely,
08:57none has a record.
08:58They are going to give him 7 years,
08:598 years for the seriousness of the case,
09:019 years at most,
09:02at 4 and a half years.
09:03And at the same time,
09:04because one can
09:06adduce more evidence,
09:08I don't know,
09:09to Caixaba and Pérez
09:10than to Laudelina.
09:11When there is equality in the processes.
09:13Because one thinks,
09:14in abstract terms,
09:15Carlos Pérez,
09:16a man of knowledge and intelligence,
09:17former captain of a ship,
09:19Caixaba,
09:20knew all the corridors of politics,
09:22secretary of planning,
09:24had occupied so many other positions.
09:26Laudelina,
09:27did not have a registered job.
09:29Anyway,
09:30they pay the same.
09:31Of course,
09:32they are all qualified in that way.
09:33Later,
09:34we will see in the oral trial
09:35if the responsibilities
09:36and the roles are neglected.
09:37But the reality is this, guys.
09:39The reality is regrettable.
09:40And people,
09:41instead of sending little messages
09:43and asking for Loan
09:45and everything,
09:46look at how justice,
09:48and not because of the judge,
09:50justice in general,
09:51is trying to put
09:53a rotten frog
09:55in something
09:56and leave it as it is.
09:57Guys,
09:58we wanted perpetuity here.
09:59We didn't want up to 15 years in prison.
10:01And in the best of cases,
10:02and with wind in favor,
10:03they will go 7, 8, 10 years.