La Sala IV de la Cámara Federal de Casación Penal declaró inadmisible el recurso extraordinario federal interpuesto por la defensa del imputado, dado que para su procedencia se exigen, entre otros requisitos, que la sustancia del planteo en que se funda implique el debate de una cuestión federal, lo cual no ocurre en el caso.
Cabrera Quiroz, G. J. s/Recurso Extraordinario, Cámara Federal de Casación Penal, Sala IV, 02/02/2017.
Fallo
Buenos Aires, 2 de febrero de 2017.
AUTOS Y VISTOS:
Para resolver en la presente causa FSM 5916/2015/TO1/CFC1, caratulada: “CABRERA QUIROZ, Gonzalo Javier s/recurso extraordinario”, acerca de la admisibilidad del recurso extraordinario federal presentado a fs. 228/247 vta. por la Defensa Pública Oficial asistiendo a Gonzalo Javier Cabrera Quiroz, contra la resolución dictada por esta Sala IV obrante a fs. 210/225 (Reg. Nro. 1419/16.4), en cuanto resolvió: “I. RECHAZAR el recurso de casación interpuesto por el representante del Ministerio Público de la Defensa, doctor Alejandro M. ARGUILEA, a fs. 176/191 vta., sin costas en esta instancia (art. 471 –a contrario sensu- y arts. 530 y ss. del C.P.P.N.)”. Ello en virtud de las previsiones contenidas en los arts. 14 de la ley 48, 6 de la ley 4055 y 257 del Código Procesal Civil y Comercial de la Nación.
Y CONSIDERANDO:
Como reiteradamente lo ha sostenido la Corte Suprema de Justicia de la Nación, el recurso extraordinario exige entre otros requisitos para su procedencia, que la sustancia del planteo en que se funda implique el debate de una cuestión federal, lo que en la especie no ocurre.
No cabe hacer la excepción de la arbitrariedad de sentencia, por cuanto, en atención al carácter restrictivo de la admisión de dicha doctrina, para que prospere la impugnación con ese respaldo, es menester que se demuestren defectos graves en la decisión recurrida, que la descalifiquen como acto jurisdiccional válido, lo cual la defensa no ha conseguido acreditar en autos.
Por ello, y oído que fue el Ministerio Público Fiscal a fs. 249/251, el remedio federal intentado no puede prosperar.
Por lo expuesto, el Tribunal RESUELVE: DECLARAR INADMISIBLE el recurso extraordinario federal interpuesto a fs. 228/247 vta. por la Defensa Pública Oficial asistiendo a Gonzalo Javier Cabrera Quiroz, sin costas (arts. 14 y 15 de la ley 48 y arts. 68 y 69 del C.P.C.C.N.).
Regístrese, notifíquese, comuníquese (Acordada No 15/13 –LEX 100-) y remítase al Tribunal Oral en lo Criminal Federal Nro. 1 de San Martín, quien deberá practicar las restantes notificaciones que correspondan sirviendo la presente de atenta nota de envío.
Mariano Hernán Borinsky – Juan Carlos Gemignani – Gustavo M. Hornos
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