Sabrina Basile was prosecuted on November 3 for article 213 of the Penal Code, “apology for crime”, but Martínez de Giorgi notified her today that “due to a material error, the adverb ‘bis’ was omitted to be entered next to article 213”.
Those three letters substantially change the accusationsince 213 bis establishes that “Anyone who organizes or takes part in permanent or transitory groups whose main or accessory purpose is to impose their ideas or fight those of others by force or fear will be punished with imprisonment or imprisonment for three to eight years.”
This figure was originally applied to the other three defendants, Jonathan Morel, Leonardo Sosa and Gastón Guerra, also members of the Federal Revolution.
The “material error” -considered the judge- “deserves to be rectified”, so that three weeks after the prosecution Basile was involved in the case “in order to the fact for which she was investigated, considering her co-author criminally responsible for the crime foreseen and punished by article 213 bis of the Penal Code of the Nation”.
The curious thing about the case is that Basile was the protagonist today of a hearing for the appeal against her prosecution, so her lawyers came to that instance defending her for a crime but they found that -in reality- she was accused of another.
This could open a complex instance of annulmentsattentive to the fact that the accused was able to invoke that her constitutional guarantee of “defense in trial” was violated.