Lawyer to Present New Evidence in Defense of Minor Charged with Serious Crime

“Not only are they testimonies but technical scientific evidence that would demonstrate a hypothesis contrary to what has been disseminated on the networks and in some media about the alleged conduct of the minor that I am defending at this time,” he expressed on Channel 13. The lawyer stated that will offer evidence that will be decisive for the solution of the criminal investigation.

The lawyer said that on Monday, October 23, they will enter evidentiary material that he considers very important to elucidate the true mechanics.

As a strategy, Uzair decided not to release the evidence. “Yes, I can say that, when it comes to a minor, constitutional guarantees must be respected during the criminal process”; he stated.

Why was the minor who ran over and killed Lucía charged with the most serious crime possible?

Usually, road accidents with fatal consequences are classified as negligent homicide. However, the incident investigated by Juvenile Justice was framed as simple homicide, with possible intent. To find out why he did it, Tiempo de San Juan consulted a legal expert, who interpreted the arguments that led the magistrate to charge him with the most serious crime possible.

The specialist explained that in Criminal Law the subjective typicality separates the acts between intentional and culpable. In turn, malicious acts are divided into direct fraud and eventual fraud. The case was positioned in the latter, which currently has only one suspect, apprehended at the Nazario Benavídez Institute.

Fraud is applied when the judicial authority understands that there was intention and will, such as the murder with a firearm of someone who shoots at point-blank range. However, the eventual fraud – the one that appears in the file of the fatal bite – refers to the fact that the person who commits it did not have the intention of doing it, but is aware that it can happen.

According to the criminal lawyer who shared his knowledge, whose identity preferred to be protected, in the eventual fraud the intention and the will are not the same, although there is a disdain for the result of an action, in other words, they are not measured. the consequences.

In this context, it can be interpreted that for Judge Camus, the 17-year-old minor, who attacked and took the life of the 16-year-old teenager, did not think about the consequences when carrying out dangerous maneuvers with his car. Although she had no intention of killing anyone, she must have thought that running a dive – as judicial sources assured – could have fatal consequences.

In his personal opinion, the consulted expert stated that the attributed qualification represents more of a response to society that asks for justice, than a correct measure. The accusation that would best fit, according to his position, would be manslaughter, as occurs with most accidents with similar characteristics.

“Faulty behavior involves acting beyond the permitted risk, when the duty of care is not observed, in this case, when the boy in question failed to comply with traffic regulations,” he highlighted and added: “Driving is a risk, however, there are laws that are established to reduce that risk. That is why driving recklessly is going beyond the established regulations, the crime occurs when you go beyond the permitted risk. That is why I think it falls more within the scope of manslaughter.”

Although it is true that manslaughter provides a lower penalty than a homicide with possible intent, the solution to the request for justice for Lucía’s relatives, according to the specialist, is that the amount of the penalty for manslaughter be increased. “In any case, that is a basic change that should be made in the Penal Code,” he stressed.

Faced with the presumptions that the fatal bite could be considered a pre-intentional homicide, the lawyer who analyzed the situation ruled out the possibility and asserted that this figure applies when there is an intention to harm, but not to cause death.

At the moment, the case is in the hands of the Guarantee Judge Alberto Caballero, who replaces the Second Criminal Court for Children and Adolescents, after the leave that the judge took for personal reasons. The testimonials of the minors involved have already been recorded and the statements of the residents of the Professionals neighborhood continue to be taken.