“It would be important for vacancies to be filled, but if these practices continue, no matter how many 50 judges are named, the problems will continue». (Patricia Lúpica Cristo, president of the College of Judges of the Interior of Neuquén).
«The number of hearings canceled or rescheduled produce the collapse. Last year there were 733, and they do not give the time to program new ones ». (Estefanía Sauli, president of the College of Judges of Neuquén capital).
The serious delay that the penal system has been registering and its consequences, among them the lack of response to the victims and the falls from preventive prisonswere the subject of personal interviews with the two candidates to integrate the Neuquén Challenge Court.
The interviews took place at the Judicial Council, which will announce the grades (awarding 20 points) on Tuesday the 28th. Lúpica Cristo accumulates 45.27 pointsproduct of 14.27 for background, 12 in the written exam and 19 in the oral, while Sauli gathers 36.35: antecedents 10.35, written 9 and oral 17.
As often happens, the counselors asked general questions regarding the judiciary more than regarding the function that you will have to exercise to the winner
That is why one of the focuses was the delay in the hearing schedulesomething that does not affect the Court of Appeal but to the judges of Guarantees.
some statistics
As Lúpica Cristo well explained, last year the Court with provincial jurisdiction held 256 hearings, 93 related to challenging final judgments and the rest related to measures of coercion, execution, refusal of suspension of trial on evidence, regulation of fees, etc.
It currently has 6 members. only two are women. It is the body of criminal justice of highest hierarchy.
Another interesting detail is that In 286 trials carried out, a judge from the Court of Appeal participated in 34%whose function is to review statements, not produce them.
She reported that in turn participated several times integrating the Court and even drafted the first vow.
A collective solution
Regarding the collapse of the criminal judicial agenda, he pointed out that it is due, among other reasons, to the fact that the prosecution and the defense make agreements at the last minute (outside the period provided for in the Procedural Code), then the trial is suspended and the judge is left without work that day, because tasks cannot be reassigned quickly.
“Prosecutors and defenses have their reasons, but Among all of us we must take as an objective not to accept agreements outside the corresponding procedural stage. We all have to do a mea culpa,” she said.
Rigid and meager deadlines
Sauli, in turn, pointed out that “we observe, almost ten years following the Code of Procedure was in force, that the deadlines are very rigid and in some exiguous cases». He gave as an example 24 hours to file charges once morest a detainee and the year of preventive detention.
Regarding the large number of agreements that are reached at the last minute, he explained that “sometimes the defendant, until they tell him ‘tomorrow is the trial’ he does not want to accept an agreementAnd the same thing happens with the victims.
According to the Procedural Code, the agreement must be raised at the accusation control hearing, long before the trial date is set.
And as for preventive detention, it is an exceptional measure. The ordinary is freedom during the process because the person enjoys the presumption of innocence.
In the province of Neuquén it is added that detention conditions are subhumanThat is why the prisons are closed and the cells of the police stations are practically in the same situation.
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