After hearing the decision of the Federal Oral Court 4 (TOF 4), which gave the release of Amado Boudou, his partner and friend José María Núñez Carmona, a prisoner in the Ezeiza prison, he asked Wednesday to be released under arguments corresponding to those who were exposed by the defense of the former vice president of the nation and TOF gave its release. In addition, he was released Nicolás Ciccone, who had a house arrest.
The reason for the purchase of the former Ciccone is no longer withheld. TOF 4 released the release on Thursday to the two accused detained in the trial: José María Núñez Carmona and Nicolás Ciccone. As a domino effect, benefits were requested by both defenders after the liberty awarded to Amado Boudou.
Once again, the Court's vote with their judgment was judged by Néstor Costabell, who opposed the release of those convicted of the Ciccone case for crimes and contests of incompatible negotiations.
The positive vote was from the judges Gabriela López Íñiguez and Adriana Palliotti, who again found that "the abused preventive detention" should be avoided and that this should be "a rule of law in the judiciary".
It was Matías Molinero, lawyer for Núñez Carmona, who requested the release yesterday. His client was sentenced to five years and eight months in bribery and incompatible negotiations in the case of the sale of the previous Ciccone print.
Thus, the lawyer claimed that the federal federal department of Buenos Aires published in January, partner of Boudou, arrested for illegal enrichment on the grounds that there were no procedural risks or a danger of flight. He then claimed that the only difference with this scenario was the statement of 7 August in the Ciccone case that led to his immediate arrest.
In this connection, Miller emphasized that sentence "It is not fixed when this party filed in legal time and form, the corresponding appeal."
In this context, Judges Gabriela López Íñiguez and Adriana Pallioti again said that "Now there is no risk of escape" by Núñez Carmona in the Ezeiza prison for maneuvers to keep the press and make notes.
The first, issued to release Boudous friend, was the prosecutor of the Court, Marcelo Colombo, and then the proposal was approved by the judges López Íñiguez and Pallioti, who stated that the elements that allowed Núñez Carmona to move the debate in freedom (trial by ciccone) they had not changed at all in addition to being convicted. "
In accordance with the Colombo prosecutor's proposal, they stated that truth's truth as the only "new data can be promoted by alternative measures other than imprisonment". And they pointed out that "less harmful measures" should be adopted at the request of Núñez Carmona's defense, ie monitoring via electronic equipment.
Among other things, the magistrates stated in their decision that they had completed the trial, only to analyze the danger of a possible flight. In that sense, they returned to the words of the chambermates who had already released him, saying that Boudous partner "appears to be right in all the files" where he is investigated without showing "obstruction conflicts of any kind".
At this point, López Íñiguez and Pallioti claimed that the danger of escape can not be assumed alone because a judgment of condemnation was given in the Ciccone case, "if the threat of threat did not allow its preventive detention alone (as there was still no closed trial) we can not see why now I have to do it, "says the right text.
In the analysis of the procedural behavior of the former vice president's friend, the magistrate claimed that "the existence of procedural risks does not exist" so that he is detained.
A real bond was established $ 1,000,000 and to calm the release of the prisoner, a GPS surveillance unit with a radius of 100 km around his residence will be placed as well as Boudou.
In addition, the passport was detained and a ban on leaving the country was established. Like Amado Boudou, he must meet before the court every fifteen days for appearance.
Under similar arguments, the Court of First Instance also ruled with Costabel's disagreement during the trial to imprison them released to Nicolás Ciccone, who, because of his health, was under house arrest.
Convincing in the trial of Ciccone
Núñez Carmona and the former vice president were sentenced in August in the trial for the sale of the former Ciccone. TOF 4 gave Carmona 5 years and 8 months for bribery, a penalty a few months shorter than Boudou's.
Boudou and his partner had already been detained in Ezeiza Prison for 70 days after the verdict of Judge Ariel Lijo, which investigates them for alleged illegal enrichment. It was the federal parliament in Buenos Aires that ordered them released.
For Ciccone, it was shown that the printing company went to Núñez Carmona through Vandenbroele, the owner of The Old Fund (owns 70% of the shares in the former intaglio). It was the only company with the capacity to print banknotes and justice "it was in the hands of the former vice president."
The purpose of the operation was "to enter into a contract with the state regarding the printing of tickets and official documentation". Not only did he print the ballot papers in 2011, but he alsoN April 2012, Cristina's government rented Ciccone to print 160 million hundred pesos notes, at a price of $ 140 million.