SÍNTESIS.- Violencia de Género. En el caso, corresponde confirmar la resolución de grado en cuanto dispuso condenar al imputado por los delitos de privación ilegítima de la libertad y amenazas (arts. 141 y 149 bis CP).
La sentencia tuvo por acreditado que el imputado, en el interior del departamento que compartía con su ex pareja, amenazó y le sacó las llaves de la morada a quien fuera su novia, para luego retirarse dejándola encerrada con su hija menor de seis (6) años.
La crítica central al fallo efectuada por la Defensa, radica en la valoración que hace del “testimonio” de la víctima, que ingresó por lectura al juicio, atento que la mujer fue asesinada pocos meses después de realizada esta denuncia. Esa causa se encuentra en trámite y en ella se encuentra detenido e imputado quien fuera aquí condenado.
Sin embargo, resulta pues innecesario, conforme se analizará seguidamente, la valoración acerca de la validez del ingreso por lectura de la declaración oportunamente prestada por la víctima porque las declaraciones testimoniales prestadas por ella en la etapa de investigación no fundan el juicio de reproche. De tal modo que por el método de supresión hipotética que propone el recurrente, eliminada toda consideración respecto de las declaraciones que brindó antes de ser asesinada, razón que impidió que declarara en el juicio oral no alteran la convicción del A-Quo que no se ve teñida de arbitrariedad, pues la versión de la víctima ingresó al juicio a través del testimonio de quien la escuchó de ella en la fecha en que se denuncian los hechos y que luego volvió a declarar lo mismo en juicio.
Esto es, la víctima señaló que quien la amenazó y al que tenía miedo de que la matara y quien la dejó encerrada en el departamento ese día fue su ex pareja. El policía a quien se lo dijo la víctima lo declaró, como también ella lo hizo, apenas sucedidos los hechos y lo relevante es que volvió a declarar diciendo lo que escuchó de la propia víctima, a quien, dado su asesinato, no se pudo escuchar en el juicio oral.
Lo expuesto, adunado a los demás testigos que declararon en el debate, impide considerar que el fallo recurrido esté fundado en la sola voluntad o capricho del juzgador y no guarde relación con lo que surge de las pruebas producidas.
Por tanto, si bien el “testimonio” de la víctima, que ciertamente no fue tal sino un ingreso por lectura, no será tenido en cuenta como testimonial en este voto, eso no afectará el mérito que asiste a la confirmación de la sentencia de condena.
V., A. T., Cámara de Apelaciones Penal, Contravencional y de Faltas, 14/07/17
Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires.
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