Con fecha 11/11/2014, la Corte Suprema de Justicia de la Nación, al declarar procedente el recurso extraordinario y hacer lugar a la queja interpuesta por la defensa de Ralph Matthias Kleinhempel en la causa “Carreras, Aldo Ornar y otros si defraudación contra la administración pública si incidente de falta de acción promovida por la defensa de Ralph Matthias Kleinhempel», dejó sin efecto la sentencia dictada por la Sala III de la Cámara Nacional de Casación Penal, que había declarado mal concedido el recurso de casación deducido contra el fallo de la Sala II de la Cámara Criminal y Correccional Federal, confirmatoria de la decisión de primera instancia que no había hecho lugar a la excepción de falta de acción y cosa juzgada «ne bis in ídem» interpuesta por la defensa de Ralph Matthias Kleinhempel.
El a quo fundó la desestimación de la vía casatoria en la consideración de que el rechazo de una excepción de falta de acción no encuadraba en los supuestos de resoluciones recurribles que contiene el artículo 457 del ordenamiento adjetivo.
Fundamentos de la CSJN
El Supremo Tribunal afirma que en el caso se han vulnerado los principios de la defensa en juicio y el debido proceso (que exigen que las sentencias sean fundadas y constituyan una derivación razonada del derecho vigente con aplicación a las circunstancias comprobadas de la causa), “toda vez que la exclusión de la competencia del a quo se basa en una interpretación irrazonable del artículo 457 del Código Procesal Penal que no armoniza con las restantes normas del ordenamiento jurídico.”
Asimismo, señala que “de acuerdo con jurisprudencia constante del Tribunal, corresponde hacer excepción a la doctrina según la cual no revisten la calidad de sentencia definitiva las resoluciones cuya consecuencia sea la obligación de seguir sometido a proceso penal, en los supuestos en los que el recurso se dirige a lograr la plena efectividad de la prohibición de la doble persecución penal.”
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