2023-12-17 08:05:00
The young man suspected of having been the author of the murder of Silvia Martin, which occurred on December 7 near the Costanera de Bariloche, had been dismissed three days earlier by Judge Víctor Hugo Gangarrosa because he was declared unimpeachable. The measure was issued at the request of the deputy prosecutor María José Jalil.
The file had originated after the arrest of the young man, who was accused of violently breaking into a house, without inhabitants, located at 100 Claude Monet Street, at kilometer 24 of Bustillo Avenue. The event occurred on last October 2. The case It was reported in local media because the thief had drunk champagne.
He On October 4, he was charged with simple robbery. And on December 4, the deputy prosecutor requested the dismissal of the 29-year-old accused on grounds of non-imputability. Jalil warned that at the time of committing the robbery, the accused “lacked the mental integrity to properly evaluate the norm”, according to the resolution that Río Negro accessed from judicial sources. The official defense agreed.
However, Neither the judge nor the deputy prosecutor mentioned in the resolution any provision to apply a preventive measure for the boy.. There is also no mention to ensure that he continued his treatment in the Mental Health area.
Law 2440 on Mental Health, Treatment and Rehabilitation of Persons, in force since October 1991, orders the Province to promote “in judicial processes the recovery of people with mental suffering subject to their jurisdiction, for which the acting judge will intervene for such purposes in the therapeutic teams and means that the health authority allocates for such purposes.”
“It is the duty of judges to exercise present jurisdiction over persons with mental suffering, “ensure the application of all means of therapy and health and social promotion created by this Law and its regulations, at the request of the intervening therapeutic team”, establishes article 14 of that norm.
Three days later, The young man encountered Martin, who was walking alone that morning on Rivadavia Street, and attacked her with a knife. The woman received a deep stab wound to her chest, which caused a fatal hemorrhage. The attacker escaped and threw the knife.
The woman He was 67 years old and had only left his home, located in the Ñireco neighborhood, to do some shopping. The victim had a large family that was shocked by the tragedy.
The researchers They identified the suspect after analyzing the recordings of some security cameras located in the area where the attack occurred. Also, from some testimonies of people who passed by the place. Police intercepted himOn the afternoon of December 7, when I was wandering through the center of Bariloche, judicial sources commented.
Immediately, The judge who intervened ordered his hospitalization in the Mental Health area of the Ramón Carrillo hospital in this city.. There, they know the patient because he has passed through that area several times because he sporadically complies with the treatments indicated.
The sources consulted They reported that the forensic psychiatrist of the Judicial Branch Verónica Martínez ruled that the young man cannot be subjected to criminal proceedings. due to his mental health status. “It’s psychotic,” the expert diagnosed, according to sources.
In any case, the investigation has not yet been closed. Investigators are looking for more evidence to confirm that the suspected young man was the author of the crime.
The sources commented that so far There are only the footages, but they believed that they are not categorical. They revealed that a witness did not identify the suspect in a lineup.
We still need to know the results of the knife tests. found on the street on the day of the crime. The expectation is to obtain fingerprints for comparison with the young man who remains hospitalized, under police custody.
Article 34, first paragraph, of the Penal Code establishes that those who “were unable to do so at the time of the incident, either due to insufficiency of their faculties” are not punishable.due to morbid alterations of the same or due to their state of unconsciousness, error or ignorance of non-attributable fact, understand the criminality of the act or direct their actions.
But determine: “In case of alienation, the court may order the confinement of the agent in a mental hospital, from which he will not be released except by judicial resolution.with a hearing from the public ministry and prior opinion from experts who declare that the danger of the patient harming himself or others has disappeared.
“In other cases in whichand acquits a defendant on the grounds of this section, the court will order his confinement in an appropriate establishment. until the disappearance of the conditions that made it dangerous is proven,” the rule indicates.
A law with good intentions, but that is not enforced
In Río Negro, the Mental Health Law for the treatment and rehabilitation of people with mental suffering has been in force since October 1991, which prohibits “the authorization and operation of asylums, neuropsychiatric hospitals or any other equivalent, public or private, that does not comply with the principles individualized in this Law.”
This rule provides that the hospitalization “It is conceived as a last therapeutic resource and after the exhaustion of all previous therapeutic forms and possibilities. If hospitalization is essential, proceed with the aim of achieving the quickest recovery and resocialization of the person, and efforts must be made in all cases to ensure that the duration is reduced to the minimum possible.
Clarifies that “hospitalization implies that there is a permanent tendency to achieve the person’s discharge and outpatient treatment.”
The law also orders the enforcement authority, through the Provincial Council of Public Health, “ensure access – when you cannot provide it yourself – to housing, education and job training, pension benefits, health, medicines and all other elements necessary for this purpose, as a way to guarantee human advancement and decent living conditions for people with mental suffering.”
The young man suspected of Martín’s murder lived on the streets much of the time, sources commented.
“The Province does not recognize as valid any therapeutic means, whatever its nature, intended exclusively to obtain the stabilization, closure or confinement of people. as an end in itself, unrelated to the social purpose contained in this Law,” the text says.
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