SÍNTESIS.- En el caso, corresponde confirmar la resolución de grado en cuanto dispuso la continuación del proceso y fijó audiencia en los términos del artículo 210 del Código Procesal Penal de la Ciudad.
En autos, concretamente, el imputado no cumplió en tiempo y forma con las obligaciones asumidas en el acuerdo de mediación pese a las reiteradas oportunidades que se le dieron para hacerlo, incluida la modificación del convenio original -el que tampoco observó-.
Al respecto, la falta de cumplimiento indicada es suficiente para disponer la continuación del trámite de la causa pues en lo que hace a la regulación del instituto en cuestión, la Ley no establece el requisito de que, previamente al dictado de una revocación de un acuerdo de mediación, el encausado comparezca ante el Tribunal a fin de exponer los motivos por los cuales incumplió con lo pactado o se celebre una audiencia con las partes intervinientes.
Por tanto, si bien no existe una obligación de celebrar la audiencia que solicita la Defensa, ello no implica, en modo alguno, que el nombrado tenga vedada la posibilidad de exponer las razones aludidas, mediante las presentaciones pertinentes, ante cualquier circunstancia que le impidiera hacerse cargo de la responsabilidad oportuna y libremente asumida, lo que no ha ocurrido en el caso bajo estudio con relación al segundo convenio. Pues más allá de la comunicación telefónica a la que refiere la Defensa, a través de la cual se informa que el acusado se encontraba nuevamente desocupado, no se acompañó ningún elemento objetivo para acreditar esa circunstancia.
R., J. A., Cámara de Apelaciones Penal, Contravencional y de Faltas, 31/08/17
Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires
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