SUMARIO.- En el caso, corresponde confirmar la resolución de grado en cuanto dispuso revocar la suspensión del proceso a prueba. En efecto, la Defensa alegó que la citación cursada al encartado a los efectos de lograr su comparecencia a la audiencia fijada en los términos del artículo 311 del Código Procesal Penal de la Ciudad no se efectivizó. En este sentido, pese a que el encartado se había obligado a fijar residencia y comunicar cualquier modificación de ésta a la Fiscalía, de las constancias agregadas al legajo se desprende que el nombrado no reside más en el domicilio que denunciara oportunamente. Da cuenta de ello, la circunstancia de que su propia defensa no se encontraba en conocimiento de dicha situación, incumpliendo así las primeras pautas de conducta. Por tanto, no se puede soslayar que se realizaron diligencias suficientes para convocar al “probado” a efectos de escuchar su descargo –fue citado tanto al domicilio constituido, como al denunciado– y en la última ocasión se tomó el recaudo de publicar edictos en el Boletín Oficial de esta Ciudad.
Asimismo, sin perjuicio de la falta de participación del referido, lo cierto es que no se advierte que se haya cercenado el derecho de defensa, el que se garantizó con la intervención de su Defensor, que tuvo la posibilidad de brindar las explicaciones pertinentes o acreditar el cumplimiento de las reglas de conducta.
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43 comentarios de ““P . , F . E . s/infr. art. 149 bis, Amenazas- CP (p/ L 2303)”, Cámara de Apelaciones Penal, Contravencional y de Faltas, sentencia del 11-08-2014”
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