Importante fallo de la casación bonaerense sobre juicio por jurados que confirma la condena impuesta

El pasado 11 de agosto de 2016 el Tribunal de Casación Penal de la provincia de Buenos Aires dictó un nuevo fallo, confirmando la condena impuesta por el jurado popular en el primer juicio por jurados realizado en Quilmes (el homicidio de la pizzería).

Es el primer pronunciamiento de la Sala IV, compuesta por los jueces Carlos Natiello y Mario Kohan, lo que resalta su valor e importancia en relación a sus posturas frente a la ley de juicio por jurados de la provincia de Buenos Aires.

La sentencia discute en profundidad prácticamente todos los temas que se espera sean discutidos en revisión frente a una condena impuesta tras el veredicto de un jurado popular; V.gr., principio de la duda razonable (vinculado al principio de inocencia), la soberanía del jurado en la determinación de los hechos, el alcance de la revisión en materia de hechos y pruebas, el test del jurado razonable, el test de la valoración independiente, entre tantos otros.

El fallo sorprende gratamente por haberse hecho eco de especializada doctrina nacional (Julio Maier, Edmundo Hendler, Héctor Granillo Fernández, Andrés Harfuch, Hernán Gullco y Gustavo Herbel) e internacional (Chiesa Aponte), y por haberse adentrado en el análisis de la más calificada jurisprudencia de países del common law, tales como los fallos «Lifchus», «Yebes» y «Biniaris» de Canadá, «Weis» de Australia, y «Winship», «Thompson» y «Jackson» de Estados Unidos.

El fallo tampoco se priva de advertir a los operadores sobre la necesidad de litigar los casos en forma preparada y responsable, dominando técnicas de litigio adecuadas tanto para las etapas preparatorias y de juicio, como para la etapa recursiva.
Finalmente, es imposible no reparar en que el homicidio ocurrió el 16 de octubre de 2014, el juicio por jurados se celebró el 14 de octubre de 2015 y el fallo revisor es del 11 de agosto de 2016. Es decir, en un año y diez meses, el acusado vio definitivamente resuelta su situaciónincluyendo al juicio público por jurados y al doble conforme que ordenan la Constitución y los Pactos Internacionales. La AAJJ felicita a los operadores judiciales que han hecho posible el derecho humano básico a que los casos sean resueltos en un plazo razonable.
Cámara de Casación Penal de la Provincia de Buenos Aires, Sala IV, Causa N° 75197 («Castillo, Rodolfo Marcelo s/ recurso de casación»), 11/08/16
Fuente: www.juicioporjurados.org

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