The Court of Mendoza declared the crimes of corruption imprescriptible and left a former mayor K one step away from jail

MENDOZA.- After the Supreme Court of Justice of the Nation finalized the conviction for corruption against a former Kirchnerist mayor, the highest provincial court declared that the crimes imputed to Sergio Salgado have not expiredso he is getting closer to being arrested and going to jail in Mendoza to serve the five years of effective prison.

The Second Chamber of the highest local court established the imprescriptibility, through a ruling that gave rise to a request for cassation from the Public Prosecutor’s Office, who filed an appeal against the decision of a lower court, which had ordered the excacique’s dismissal from the commune of Santa Rosa, in two cases for embezzlement of public funds and disobedience.

The decision bears the signature of the Minister of the Court, Theresa Day, and the civil chambermaids Gladys Marsala and Silvina Miquel, in place of the supreme Mario Adaro, Omar Palermo and Jose Valerio, who withdrew from the process for having already acted in another previous instance.

The request for dismissal had been filed by Salgado’s defense, which found an echo in the Collegiate Criminal Court No. 1, which declared the “extinction of the criminal action, because the period required by law had elapsed. Consequently, it is resolved to definitively and irrevocably dismiss the processes in favor of the named.”

However, now the highest body of Justice in Mendoza has rejected that resolution, once again leaving the sentence of five years in prison standing, in line with the endorsement of the National Court, which validated the sentence in 2018, where it was also handed down. the absolute and perpetual disqualification for the exercise of functions in the public administration. In all the accusations, Salgado was accused of concussion, disobedience, embezzlement of public funds and fraud against the public administrationin the modality of unfaithful administration.

The former mayor was sentenced for demanding a charge from those who parked their cars at the local fair “La Salada”: the collection, which was controlled by Marcial Ibarra, one of his collaborators, who received three years in prison, was placed in a box and then it was delivered to Salgado. As for the reason for disobedience, did not comply with a request for reports from the Deputy Prosecutor for Administrative Investigations of the State Prosecutor’s Office, on a public tender. Meanwhile, the case of embezzlement of public funds It is in relation to a deposit of one and a half million pesos for works that he used for another purpose.

“Now, the defense possibly return to the national court with a new extraordinary appeal for the prescription of crimes. If he receives another setback, he will no longer have any more instances and will be detained ”, they explained to THE NATION sources of the Mendoza Justice.

The ruling of the Provincial Court states, among its main arguments, that “The prescription regime of the action is inapplicable to the facts of the case, because the criminal action corresponding to them is constitutionally imprescriptible”.

In fact, the Chamber valued Article 36 of the National Constitution. “This Constitution will maintain its rule even when its observance is interrupted by acts of force against the institutional order and the democratic system (…) Its authors will be subject to the sanction provided for in article 29, disqualified in perpetuity from holding public office and excluded from the benefits of pardon and commutation of sentences (…) The respective actions will be imprescriptible (…) Likewise, whoever commits a serious intentional crime against the State that entails enrichment, will be disqualified for the time that the laws determine to hold public office or employment.

Judges Day, Marsala and Miquel also emphasized the arbitrariness in the ruling of the court of previous instance since “it deviated from the applicable legal system to resolve the case, using only, failing that, the substantial rules that criminally regulate the institute of the prescription of criminal action; which ignores the special criminal nature of the facts intimidated to the accused. If the sentencing court had adequately considered the nature of these facts, together with the legal consequences that derive from their legal classification as crimes against the public administration and had applied – as appropriate – the constitutional and conventional regulations, would never have been able to order the prescription of the respective criminal actions. Basically because they are constitutional crimes, whose actions to channel the accusatory claim are imprescriptible.

The ruling, made up of 34 pages, includes a reflection on the investiture of those who hold positions after being elected by the people. “Whoever holds a public office in general, and much more so when it comes to a communal intendant elected by popular vote, he cannot but exercise that power that is granted to him in accordance with what, in this regard, the valid and binding norms for society prescribe. That is, within the formal and material limits established by constitutional norms. So that, by acting contrary to those legal mandates, it corrupts its legitimacy and seriously affects democratic institutions,” points out the provision of the highest body of Justice of Mendoza.

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