PROCEDIMIENTO PENAL – AVENIMIENTO – ACUERDO DE PARTES – CAMBIO DE CALIFICACION LEGAL – PORTACION DE ARMAS – TENENCIA DE ARMAS -APTITUD DEL ARMA – INFORME PERICIAL – MINISTERIO PUBLICO FISCAL
En el caso, corresponde revocar la resolución de grado y, en consecuencia, hacer lugar al acuerdo de avenimiento al que se arribara en las presentes actuaciones.
En efecto, la Jueza de grado rechazó el acuerdo de avenimiento al que arribaran las partes al considerar en que existe una diferencia entre el hecho plasmado en el requerimiento de juicio (portación) – y los que son reconocidos por el imputado – y la nueva calificación legal (tenencia)”. Plantea que fijado el objeto procesal en el requerimiento de elevación a juicio, la conformidad prestada por el imputado sobre otro hecho deviene fuera de los presupuestos legales establecidos en el artículo 266 del Código Procesal Penal de la Ciudad por lo que entiende que corresponde su rechazo.
Al respecto, en cuanto a la calificación legal, si bien, tal como señala la «A-quo» ha variado, lo cierto es que ello obedeció, tal como se señala en el avenimiento, a la prueba recabada en las presentes actuaciones, lo que llevaba a subsumir el hecho en un caso de tenencia y no de portación.
Ello así, según se desprende del informe pericial, si bien el revólver resultó al momento del examen pericial “apto para producir disparos pero de funcionamiento anormal”, lo cierto es que el cartucho de bala resultó no apto para sus fines específicos, luego de reiteradas percusiones. Que ello podría deberse por ejemplo a un mal estado de conservación o a un defecto de fabricación.
Siendo así, no se vislumbra en el caso una variación de la plataforma fáctica del hecho imputado, pues más allá de la escueta fundamentación del cambio de calificación legal, que fuera brindada en el acuerdo de avenimiento por parte del Ministerio Público Fiscal, lo cierto es que aquella modificación se sustenta en el análisis de las pruebas obrantes en la causa, específicamente en el resultado de la pericia balística.
Cámara de Apelaciones Penal, Contravencional y de Faltas. Causa Nro.: 2036-00-15. Autos: Contreras, Fausto Germán Sala I. Del voto de Dra. Elizabeth Marum, Dr. Marcelo P. Vázquez, Dr. Jorge A. Franza 07-07-2015.
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Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires. El contenido puede ser reproducido libremente, y no genera responsabilidad por ello, bajo condición de mencionar la fuente y esta advertencia.
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The contemporary Zune browser is shockingly favourable, however not as optimistic as the iPod’s. It works properly, yet is just not as immediate as Safari, and is made up of a clunkier interface. If by yourself occasionally method on having the net browser which is not an issue, nevertheless if you are designing toward examine the world wide web alot against your PMP then the iPod’s much larger screen and far better browser might be major.
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I’ll gear this study to Two versions of Those people: existing Zune house owners who are taking into consideration an update, and human beings attempting to make a decision amongst a Zune and an iPod. (There are other players value looking at out there, such as the Sony Walkman X, however I count on this delivers oneself enough facts toward produce an mindful choice of the Zune vs gamers other than the iPod line as nicely.)
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