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By 38 votes in favor, 107 against and 4 abstentions, the Chamber of Deputies rejected the previous question presented by the defense of Judge Silvana Donoso, which is why the constitutional accusation against the magistrate for notable abandonment of duties is admitted.
In her argumentation, defense attorney Dafne Guerra affirmed that there were three main arguments to support the previous question and thus consider not being presented to the accusation. However, after the rejection, Deputy Andrés Longton initiated the presentation of the libel against the judge, who did not attend the session.
According to the lawyer Guerra, the decision to grant parole to Hugo Bustamante, formalized by the femicide with rape of Amber Cornejo in Villa Alemana, was adopted by a collegiate body. In addition, she argued the timelessness of an act that occurred in 2016 that was not repaired in constitutional terms at the time, but was approached legislatively, and the interference of an essential faculty of the Judiciary such as the interpretation of the laws.
He argued that the judges cannot be guarantors that a person benefiting from this guarantee does not commit a crime again. “If the accusation is successful, the magistrate would not be judged for her actions, which were already considered, but for an act that is not attributable to her,” he insisted.
He also warned that the judges of the probation commissions in the future will fail not independently, but with the legal arguments of the prosecution, so it would not be surprising to see a drop in the delivery of this benefit.
“A manifest message is sent that they can only resolve solely by the criteria of the prosecution under the penalty of a constitutional sanction,” he stressed in his arguments that were not finally accepted.
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