La Cámara en lo PCyF de la CABA revocó una resolución que había dispuesto la sustitución de la multa por la pena de arresto ante el incumplimiento del pago

SÍNTESIS.- En el caso, corresponde revocar la resolución de grado, en cuanto sustituye la pena de multa adeudada por el imputado, por la de arresto.
En efecto, si bien el condenado ha realizado el pago de las dos primeras cuotas, posteriormente fue intimado para abonar la tercera cuota bajo el apercibimiento de sustituir la pena de multa por tareas comunitarias o, eventualmente, por la de arresto, de conformidad con lo estipulado en el artículo 24 del Código Contravencional, no acreditándose ni su cumplimiento ni el de la correspondiente al mes siguiente, razón por la cual se sustituyó dicha sanción por la de arresto.
Sin perjuicio de la falta de acreditación oportuna de los motivos económicos y de salud alegados por la Defensa, lo cierto es que el artículo 24 del Código Contravencional, dispone, en lo pertinente, que: “[c]uando el contraventor injustificadamente no cumpla o quebrante las sanciones impuestas, el Juez puede sustituirlas por trabajos de utilidad pública o excepcionalmente arresto…”.
Por lo tanto, la normativa descripta hace clara alusión a la posibilidad de reemplazar las sanciones impuestas por trabajos de utilidad pública o excepcionalmente de arresto, por lo cual la conversión que efectúa el Juez de grado en tanto sustituye la sanción de multa directamente por la de arresto no cumple con el único límite que surge del precepto legal mencionado, esto es, que la aplicación de esa modalidad de la restricción de la libertad proceda con carácter excepcional.
Ello así, consideramos que no se agotaron todas las vías legales posibles para que, ante la negativa de cumplir con la sanción principal, proceda la sustitución realizada por el «a quo» en función de lo regulado por el artículo 24 del Código Contravencional, correspondiendo en consecuencia revocar la resolución.

VILCHEZ, ANASTACIO CESAR Y OTROS, Cámara de Apelaciones Penal, Contravencional y de Faltas, 24/10/17

Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires

40 comentarios de “La Cámara en lo PCyF de la CABA revocó una resolución que había dispuesto la sustitución de la multa por la pena de arresto ante el incumplimiento del pago

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