HOMICIDIO DE DIEGO GATICA: LA FISCALÍA SOLICITÓ LA ELEVACIÓN A JUICIO

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La Fiscal de Instrucción N°4, María del Valle Durán, presentó la acusación contra los imputados por el homicidio del oficial de policía Diego Gatica y realizó el requerimiento de apertura a juicio con el correspondiente ofrecimiento de prueba. Dicha acusación se notificó al resto de las partes (querella, víctima y defensa), para que puedan efectuar las presentaciones pertinentes en el término de cinco días hábiles.

Una vez cumplido ese plazo establecido en el Código Procesal Penal, el Juzgado de Garantía fijará fecha para una audiencia de control de la acusación en la que se discutirá la prueba que se va a producir durante la etapa del juicio. El juez tiene hasta 48 horas para resolver el auto correspondiente.

Transcurrida esta etapa, la causa estará lista para que se fije fecha de debate oral. Están acusados Lautaro Cruz, Maycol Bustos, Alexis Cuello, los hermanos Esteban y Enzo Colombo; y un menor de edad punible. Desde la Fiscalía manifestaron que la calificación legal de cada uno los imputados y el pedido de pena provisoria serán informados una vez fijada la fecha de audiencia de control.

“Una vez terminada la investigación y el MPF arriba a un cierto estándar de probabilidad probatoria, presenta la acusación; caso contrario, insta el sobreseimiento. Particularmente en esta causa se presentó la acusación, y se ofrecieron las pruebas que queremos que se produzcan en el juicio oral”, explicó Durán.

“Como fue referido, en este caso se ha presentado la acusación en contra de los imputados y se ha corrido traslado a todas las partes de la causa. La progenitora de Diego Gatica se reunió conmigo y con la Dra. Heit en la Fiscalía, donde se le comunicó la etapa en que el proceso se encuentra transitando y se le informaron los detalles de la requisitoria fiscal (acusación). Pasados los cinco días hábiles pediremos al Juzgado la correspondiente audiencia de control”, sostuvo la funcionaria del Ministerio Público Fiscal.

En dicha audiencia, la Fiscalía y la querella explicarán sus acusaciones y proporcionarán sus fundamentos. La defensa podrá objetar la acusación por defectos formales, en caso que corresponda, y se resolverán todos los planteos de las partes. Luego se pasa a la etapa del ofrecimiento de pruebas que las partes pretenden producir en el juicio. Allí pueden hacerse convenciones probatorias entre la fiscalía y la defensa, cuando se acuerde sobre alguna prueba que no va a ser debatida en la siguiente instancia.

“Esta audiencia de control es como un “filtro”, para que no llegue a juicio toda la prueba que por ahí no es necesaria, ya sea por ser sobreabundante o inconducente. También se pueden hacer convenciones probatorias entre las partes, con el objetivo de depurar la prueba, siempre con el control del juez, antes de ir al debate oral”, comentó la fiscal.

Celeridad al proceso: en una sola audiencia se resolverá lo que antes, con el antiguo Código de Procedimientos, demandaba mucho más tiempo. Una vez que el juez decida sobre la admisión de las pruebas y ordene la elevación a juicio de la causa, se realizará la remisión del expediente a la Fiscalía de Juicio que corresponda, que solicitará al Colegio de Jueces la fecha del juicio oral.

El caso

El hecho que se investiga ocurrió el cinco de septiembre de 2022. Diego Gatica, de 30 años, fue asaltado y golpeado por un grupo de jóvenes a la altura del puente del Barrio Tibiletti, en la ciudad de San Luis. La víctima prestaba servicios en la División de Respuesta Inmediata Motorizada (DRIM), y estuvo internado durante seis días en el Hospital Central “Ramón Carrillo” hasta su fallecimiento, el once de septiembre de 2022.

Fuente: Periódico Judicial.

Redacción

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