Ciccone case: Núñez Carmona also obtained conditional freedom, with the criticism of the judge who granted it

José María Núñez Carmona (archive / Maximiliano luna)

Jose Maria Nunez Carmona, the friend of the former vice president Beloved Boudou, today accessed the conditional freedom, after the Justice declared him completed two-thirds of his sentence in the cause Ciccone. As revealed to Infobae Judicial sources, the ruling was handed down by a judge who was in charge of clarifying that he did not agree with granting the benefit because the case was an act of “corruption”, but the prosecutor’s endorsement and the jurisprudence required it.

The decision that favored Núñez Carmona was taken last Friday, the same day that the conditional release of Jose Lopez, the former secretary of Public Works of Kirchnerism condemned for illicit enrichment to become effective as of today, Sunday, when the electronic ankle brace is removed, could you know Infobae. As ordered, Núñez Carmona – who had been under house arrest since August – will not be able to move without giving notice to the court and he was prohibited from leaving the country. The ruling also indicated that he will not be able to “commit new crimes” and must “submit to the control of the Directorate of Control and Assistance for Criminal Enforcement”, which until now monitored him during his house arrest.

Núñez Carmona was sentenced to five and a half years in prison for the crimes of passive bribery and negotiations incompatible with the public function. In December 2020, the Supreme Court confirmed that sentence, amid complaints from the ruling party. The penalty imposed against him will end on February 7, 2024.

Boudou and Núñez Carmona (archive)
Boudou and Núñez Carmona (archive)

The fate of Núñez Carmona was always tied to that of Boudou. In fact, during the macrismo, he entered and left prison as many times as the former vice president. He was arrested on the morning of November 3, 2017, like Boudou, by order of Judge Ariel Lijo in a case where they are being investigated for illicit association. The Federal Chamber released them.

In August 2018, the day of sentencing in the Ciccone case, the two were imprisoned. While Boudou received five years and ten months in prison, his friend received five and a half years for the same crimes. At the end of December 2018, Boudou got the TOF to release him because his sentence was not final, and Núñez Carmona followed in his footsteps. Cassation reversed that decision for both of them, and Boudou’s friend went to surrender to the courts of Comodoro Py. Since then, Nuñez Carmona has been in prison.

The parity between Boudou and Núñez Carmona in the case was broken last year. It is that the businessman from Mar del Plata had less luck than his friend Boudou when it came to being able to get out of jail and get his freedom. Judge Daniel Obligado granted the former vice president house arrest in April 2020, as soon as the pandemic began, but Núñez Carmona was denied it despite the fact that he was a member of risk groups –hypertension, heart failure, having recently undergone angioplasty, and obesity “-. Núñez Carmona only got house arrest in August 2020 to take care of his 93-year-old mother in an apartment in Mar del Plata.

Amado Boudou at the oral trial (Reuters)
Amado Boudou at the oral trial (Reuters)

Boudou – who had been sentenced to five years and ten months, that is to say four months more than him – was granted parole last July. It was because the Obligado judge awarded Boudou ten months of educational encouragement for the courses they had taken both behind bars and arrested at his home. Then another month was added to his benefit, after an appeal. That sped up his time to be able to have two-thirds of his sentence credited. On the other hand, Núñez Carmona was only endorsed for five months of studies -four first and one later, by appeal.

Thus, Núñez Carmona has only now obtained his conditional release. Judge Ricardo Basilico, Acting as an execution judge of the Federal Oral Court 4, he signed the conditional release resolution after hearing the endorsement of the prosecution, because the behavior of Núñez Carmona “was in accordance with what was expected with respect to the house arrest regime” and “they were not warned of moment elements that hinder the incorporation to the regime ”of conditional freedom.

However, Basilico stated that he did not agree with this benefit, in line with what he had already expressed in the case against the former Secretary of Public Works. Jose Lopez –Released last Friday night, after three guarantors made goods available for 14.5 million and a half pesos-.

Judge Ricardo Basilico
Judge Ricardo Basilico

“Although I agree that the temporary requirement that provides for the benefit has been met and the reports of the different intervening specialized agencies are positive, in cases such as the one presented here, another parameter of analysis must also be added, since as established by the art. 30 -point 5- of the United Nations Convention against Corruption: ‘Each State Party shall take into account the seriousness of the relevant crimes when considering the possibility of granting early release or conditional release to persons who have been convicted of those crimes, ‘”he wrote.

And after recalling the “international commitments made” by Argentina to “fight corruption in all its forms”, Basilico stated: “The facts for which Núñez Carmona was convicted are of substantial gravity and that in some way hinders the possibility of granting an early release, in accordance with the international commitments that the Argentine State signed to join efforts and be able to prevent, detect, punish and eradicate corruption in the exercise of public functions ”.

“Having established my position, I have to make room for the incorporation of José María Núñez Carmona to the conditional release regime, since there is no contradiction between the defense request and the favorable position of the Public Prosecutor’s Office -whose opinion exceeds the control of logic and substantiation-, what is requested by the prosecutor constitutes the limit that the court has to pronounce and, consequently, the Court cannot go beyond the claim required by the prosecution, “he wrote.

KEEP READING:

What was the money from José López’s bags used for and how much is left to spend
A former official from Santa Cruz, an accountant, and a merchant from Tandil: who are the guarantors of José López
Justice ordered the immediate release of José López, convicted of bags with millions of dollars



Reference-www.infobae.com

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