Chamber IV of the Federal Criminal Cassation Chamber decided, by majority, to reject the appeal filed by the defense of Martín Antonio Báez against the decision of the Oral Federal Criminal Court No. 4, which had ordered do not give place to the request for a relaxation of their detention conditions.
The measure approved by the judges Mariano Hernán Borinsky -president of the Chamber-, Javier Carbajo and Gustavo Hornos maintain that in the moderate mode of preventive imprisonment, Báez could try to evade the action of justice, escape or hinder the investigation.
The defendant, the son of businessman Lázaro Báez, is currently being tried in oral and public debate for his participation in important maneuvers allegedly perpetrated by numerous defendants through suspected organized structures and business and financial networks, through which a economic damage of unusual magnitude.
In the vote of Drs Javier Carbajo and Gustavo M. Hornos, it was highlighted that the procedural risks that were duly verified throughout the process and ratified in various instances were still in force and that the defense did not prove any new circumstance that modified or neutralized them.
The moment of final discussion of the trial in which the request in question was registered was also highlighted, where efforts should be maximized to ensure its realization, that the parameters analyzed to consider the procedural risks present are adapted to the legal regulation of the institute made by the new Federal Criminal Procedure Code, and that none of the alternative coercion measures detailed in it are sufficient to correctly neutralize the risks in question.
Further, It was emphasized that there were real, concrete and objective data that allowed to assert that, through his connections linked to the position he would have held in the complex criminal organization under investigation, could easily undermine research and that through the criminal enterprise investigated the defendant could obtain the material and financial means and the necessary coverage to evade the actions of justice.
In this way, it was recalled that despite the fact that as of April 2016 Martín Antonio Báez was on trial -without preventive detention-, with an embargo ordered in this regard, freezing of bank accounts and other precautionary measures adopted; The named continued to carry out hidden acts that allowed the circulation of millionaire money flows, thereby circumventing the measures adopted to date.
In the vote of Judge Gustavo M. Hornos, it was highlighted that the assurance of the tools available to a State to prevent, detect and contribute to the criminal repression of money laundering as well as to advance in this line in the actions necessary to Achieving the identification of assets and the recovery of assets of illicit origin in a timely and effective manner is essential, and it cannot be ignored that the measure questioned by Báez is transcendental to the eventual purposes of restoring justice and reestablishing the lost balance.
In this sense, he pointed out that these measures aim to ensure the recovery for the community of the assets obtained or used in the commission of socially harmful crimes, which are currently under investigation, and is in line with the commitments assumed internationally by the State. Argentine, tending to adopt the pertinent measures to ensure the investigation, trial and guarantee the recovery of assets from money laundering crimes.
For his part, and in disagreement, Judge Mariano Hernán Borinsky, considered that the appealed judgment should be annulled and pointed out that the Court had not presented sufficient arguments to justify maintaining the measure ordered.
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