El tribunal tampoco hizo lugar al pedido de “probation” de la defensa de Caminada Rossetti, acusado por la muerte de Leandro Ravasi
La Cámara 9° del Crimen de Córdoba no hizo lugar al pedido de extinción de la acción penal por la reparación integral del perjuicio que había planteado la defensa de Ignacio Caminada Rossetti sobre la base del artículo 59, inciso 6° del Código Penal. Caminada Rossetti está acusado de atropellar y de causar la muerte del peatón Leandro Ravasi Tea, cuando la víctima cruzaba la avenida Poeta Lugones, en la ciudad de Córdoba, la madrugada del 13 de junio del año 2010.
La defensa había solicitado la extinción de la acción penal -lo que supone el sobreseimiento sin debate del acusado-, en función del acuerdo suscripto por los únicos herederos forzosos de la víctima con la compañía de seguros en la causa civil generada, en forma paralela, por el accidente de tránsito.
Sin embargo, la Cámara 9° del Crimen argumentó que, en la provincia de Córdoba, “el criterio de oportunidad no es todavía operativo para constituirse en una razón legal que justifique la no iniciación de oficio de la acción, ni para operar como causal de extinción de la acción penal, toda vez que para ello es necesario que el legislador local proceda como otros lo hicieron antes en sus legislaciones procesales”.
El tribunal consideró que la conciliación o la reparación integral del perjuicio, que representan un arreglo entre víctima y victimario por el cual se supera el conflicto penal, no pueden operar sin reglamentación alguna. Esto, “porque el legislador nacional “las ha subordinado a lo que prevean las leyes procesales correspondientes, de modo que compete al legislador local establecer en qué casos, bajo qué requisitos y según qué tutelas serán viables”.
“En consecuencia, hasta tanto la Provincia no legisle sobre la materia, no puede oponerse la reparación integral como causa de extinción de la acción, según ocurre en el caso, por lo que no puede hacerse lugar a la excepción planteada”, concluyó la Cámara.
“Probation”
La defensa del imputado Caminada Rossetti también solicitó, subsidiariamente, la suspensión del juicio a prueba (“probation”), por entender que los rechazos anteriores a la concesión de dicho beneficio obedecieron a que el ofrecimiento de reparación del perjuicio no había resultado razonable.
De todos modos, el tribunal también rechazó este pedido, en consonancia con las posturas de la querella y del fiscal de Cámara, por considerar que la actual imputación que pesa sobre Caminada Rossetti (homicidio simple por dolo eventual) “no hace viable el beneficio solicitado”.
En efecto, en su dictamen, el Ministerio Público Fiscal esgrimió que “el hecho investigado supera las normales características de un accidente de tránsito y esa sola circunstancia enerva cualquier posibilidad de otorgamiento del beneficio impetrado”.
En el mismo sentido, el fiscal de Cámara expresó que no puede sostenerse que la calificación legal dada actualmente al hecho sea “provisoria”, como afirma la defensa, puesto que la modificación de la acusación originaria (homicidio culposo agravado) fue formalizada por el Fiscal Correccional interviniente (a instancias de los querellantes) y corresponde al nuevo hecho fijado. Esto determinó, según el fiscal, la remisión de los autos a la Cámara 9° del Crimen, puesto que el Fuero Correccional había visto excedida su competencia material.
Causa: “Caminada Rossetti, Ignacio p.s.a. homicidio”
Fecha: 23 de octubre de 2015.
Fuente: www.justiciacordoba.gob.ar
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