Báez Sosa case: what are the possible sentences that the defendants could receive

The trial for the murder of Fernando Báez Sosa comes to an end. Between January 25 and 26, the parties will give their final arguments and the sentence will be known, as expected, on the 31st of the same month.

For the crime there are eight defendants who might receive different sentences, in case they are found guilty by Justice. What does the Penal Code of the Argentine Nation stipulate when a person is killed?

The defense will request that the life imprisonment, it has a maximum penalty of 35 years in prison. Article 13 of the Argentine Penal Code implies that this sentence applies to qualified homicides.

Article 80 describes that this crime is carried out intentionally, that is, with intent, and has the characteristic of having been done out of hate or treason, to take revenge or carried out in a group.

The crime committed by the contest -conduct- premeditated -intentional- of two or more people.

It is believed that the prosecution will prosecute the accusation in the figure of simple homicide and the defendants might receive a sentence of between 8 and 25 years.

Article 79 of the Argentine Penal Code states that it will be applied to those who kill. It is a crime that takes place when the life of a person is put to an end with intention or fraud.

For its part, the defense works to obtain the manslaughter. Article 95 of the Argentine Penal Code states that in a fight or aggression in which more than two people take part and one is killed without it being possible to identify who caused it.

With this conviction, the defendants might receive a sentence of two to six years and all those who exerted violence on the person who lost their life will be considered perpetrators.

If the court finally applies this sentence, the defendants will automatically be released for having been incarcerated in the Dolores prison since January 18, 2020 or, also, obtain legal probation for having served two thirds of the sentence.

Share:

Facebook
Twitter
Pinterest
LinkedIn

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.