viernes, 10 de junio de 2016

The Buenos Aires High Court of Appeal has reaffirmed for the second time the constitutionality of the rule which forbids the prosecutor from appealing a not guilty jury verdict

In another resounding judgement, the Buenos Aires High Court of Appeal has reaffirmed for the second time (and repeated the criteria previously adopted in “Lopez”) the constitutionality of the rule that bans a prosecutor from appealing an acquittal decided by the jury.

In so deciding, the Buenos Aires High Court of Appeal again stands as a fundamental custodian for the key aspects of the BA jury trial bill (Law 14.453), preserving the delicate logic that the jury system has been holding for eight centuries.

The Argentine Association of Trial by Jury (AAJJ) applauds this extraordinary and impeccable decision.  An acquittal granted by a “not guilty” verdict of the jury is final and cannot be challenged on appeal by the State, as is clearly established by the normative International Conventional of Human Rights.

 For full access to the complete case, see:

- Tribunal de Casación Penal de la Provincia de Buenos Aires, Sala I, Causa N° 75.466 ("Antonacci, Kevin Gustavo s/ recurso de Queja interpuesto por Agente Fiscal"), 11/05/16 [Read (spanish)]