Mariano Casado was sentenced in Paso de los Libres to three years and six months in prison for effective compliance, for the crimes of “mild injuries doubly aggravated by the bond and by mediating gender violence, simple threats, coercion and simple damages, in competition real”, whose victim was his ex-partner (CC). In February, the latter brutally beat his partner at the time, out of jealousy. They ordered his immediate arrest, which was carried out. He was transferred to the Second Police Station in the city of Libreña.
For the defense in charge of Juan Manuel Cubilla Podestá, it was an “unfortunate decision” by Judge Marcelo Fleitas, to make an unnecessary arrest effective when it was always legal, “also complying with all the requests of the authorities. This decision will be appealed,” he confirmed at the time.
In the first instance, the magistrate ruled Casado’s guilt and explained the reasons for said decision, among which he highlighted “that the fact has not been disputed. CC’s account was clear and coherent, in line with what was declared by the father.” , stressed that “the gender perspective was applied” and that “the injuries received by the victim are considered proven.”
The complainant’s father, Gabriel C., declared at the time that “the aggression was savage towards my daughter, worthy of a psychopath, I define him as a mental moron. He squeezed her jugular… he literally beat her to death.”
The judge also held that “he did not find in Casado’s conduct, elements that indicate that his conscience was affected,” as the defense raised.
The grounds of the ruling, expanded, will be announced on December 20.
The defense
Cubilla Podestá objected to the accusations against his client, which he described as “an artificial and maliciously constructed accusation,” and also pointed out that “there was a total inconsistency between the facts described and the accusations made.”
The lawyer based himself on the expert report of the Judiciary, in which he stated that “the defendant had the inhibitory brakes annulled or reduced, as a result of alcohol intake.” “He was in a state of anguish and anxiety, a product of drug use, and that caused a loss of control, a regrettable influence on events,” he added. And he asked for the acquittal of his defendant.
Casado broke the silence and before learning of the ruling apologized for the damage it caused. “Before I was a happy person, now I am not. I want to say that what happened was not premeditated, I did not want to hurt, I apologize to CC (ex-partner), her family and also my family,” he said.
Once the Court’s determination was known, his immediate arrest was ordered, which was carried out, for which he was transferred to the premises of the Second police station.
The agression
The event happened on February 20 last. Married that morning he was with some friends at the municipal sambadrome, the place where the last night of the Libreño carnival took place. His ex-partner also attended the same event with a group of friends but in another part of the property.
He insistently tried to contact the young woman to get back together, but she did not respond to the messages.
After mistrusting his ex-partner, according to Casado’s own words: “Invaded by a feeling of mistrust” and “suspecting an act of infidelity on his part” he checked his cell phone. After that, he began the brutal beating.
Positive changes “in minor” after suspended sentence
Silvina Racigh, judge of Family, Childhood and Adolescence No. 1 of Goya, considered “radically positive” the changes in the way of thinking and acting of a young man who was sentenced to three years in prison suspended and also complies with rules of conduct. The goal of resocializing and reinserting him into society is being met, she said.
Achieving a balance between the imposition of a sentence and its proportionality in young people in conflict with the criminal law is one of the tasks of the magistrates of the Family, Childhood and Adolescent jurisdiction.
Judge Silvina Racigh intervened in a case in which a young man was found criminally responsible by the Goya Oral Criminal Court (TOP) for attempted murder in a premeditated contest of 2 or more people.
The dilemma, he indicated, was to find the right point between the extremes: acquitting the young man after committing serious punishable acts with irreversible physical and mental consequences on the victim or condemning him with high sentences with a minimum of five years in prison.
However, this last option was clearly opposed to the constitutional mandate to encourage their reintegration and the performance of a constructive role in society.
He understood that not imposing a sentence entailed the “worst of messages to young people”, that of not foreseeing the consequences of their actions, not responding after having caused irreversible damage in a clear violation of the rights of other people.
“In a society there are mandatory rules of conduct, the violation of these rules threatens its order and security, in this case it is essential to apply measures that serve as an example and discourage criminal acts like this, and in turn do not neglect social reintegration achieved by the young man”.
The sentence of three years in prison for conditional execution was then accompanied by rules of conduct, that is, rules that the convicted person must comply with and prove before the Court. Together with an interdisciplinary team, he observed the changes experienced as “highly positive”. He cited among them: he finished high school, he got a stable job, he formed a family, he has two children, the best comments about him are obtained from the neighbors.
Therefore, it considered that if the law authorized the acquittal of an adolescent even if it was previously found guilty, a sentence below the legal minimum established in article 4 of Law 22,078 could be applied with even greater reason, since “whoever can do the most, can least”.
He assessed that the established punishment was in accordance with the premise of the “shortest possible” period, at the same time that the act did not go unpunished.
After being convicted of “violent” he was immediately detained