Olive Festival: they confirmed the validity of the decree that prevented social gatherings in the midst of a pandemic

The photo that showed that the DNU had been violated in the presidential Quinta de Olivos itself

Stefanía Domínguez was one of the guests at Fabiola Yáñez’s birthday party while the entire country was in the closed phase of the coronavirus quarantine. Domínguez, Yáñez and their partner, the President of the Nation, Alberto Fernández, were in the presidential villa in Olivos on July 14, 2020 at the First Lady’s birthday celebration when meetings were prohibited and isolation was the only way to prevent deadly infections of COVID-19.

The rest of the guests were Carolina Marafiotti, Sofía Pacchi, Florencia Fernández Peruilh, Rocío Fernández Peruilh, Santiago Basavilbaso, Emanuel López, Fernando Consagra, Federico Abraham. At that time, it was only possible to circulate with special permits, something that a good part of those who attended the celebration organized by the couple of the head of state, who through the DNU had ordered Social, Preventive and Mandatory Isolation (ASPO) lacked. to avoid contagion.

All were charged in the case and the President and his partner formulated an agreement for comprehensive reparation for the damage caused, which was accepted by the prosecutor in the case Fernando Domínguez and approved by the federal judge of San Isidro Lino Mirabelli. Fernández promised to pay 1.6 million pesos in compensation for the damage and in fact already deposited the money in the Malbrán Hospital. His partner, the birthday girl of the celebration, also deposited what was agreed: 1.4 million pesos. The rest of the defendants also made agreements to repair the damage. They were all approved. But the case has not yet been closed: an appeal from a claimant complainant reached the Supreme Court of Justice of the Nation. It is estimated that when this situation is resolved, Mirabelli will order the dismissal of all the accused.

Lino Mirabelli, federal judge of San Isidro (Quique Galletto)

It may also interest you: Party in Olivos: the Federal Chamber rejected all appeals and authorized the judge to dismiss Alberto Fernández and Fabiola Yañez

Stefanía Domínguez, before proposing the comprehensive reparation for the damage, had requested that article 22 of DNU 260/2020 be considered unconstitutional. That DNU was signed by Alberto Fernández to decree the health emergency. The President himself raped him when the birthday celebration was organized in Olivos. Stefanía Domínguez requested the unconstitutionality of article 22 that says: “VIOLATIONS OF THE RULES OF THE SANITARY EMERGENCY: Violation of the measures provided for in this Decree will give rise to the sanctions that are applicable according to current regulations, without prejudice to criminal complaints that corresponds to carry out to determine the eventual commission of crimes of public action, in accordance with the provisions of articles 205, 239 and concordant of the Penal Code”. Domínguez’s defense argued that this was unconstitutional and therefore the woman who went to the party could not be criminally prosecuted.

His proposal was rejected by Judge Mirabelli, by the Federal Chamber of San Martín and today by Chamber III Federal Chamber of Criminal Cassation. Cassation prosecutor Raúl Pleé had opposed the claim of unconstitutionality of Domínguez’s defense. Chamber members Mariano Borinsky and Juan Carlos Gemignani declared inadmissible the appeal filed by the defense of Stefanía Domínguez against the decision of the Federal Chamber of San Martín that had confirmed the constitutionality of article 22 of DNU 260/2020, its extensions, amending regulations and/or complementary. Thus, the possibility of declaring Stefanía Domínguez’s proposal unconstitutional was closed.

The DNU that established the conditions of the ASPO is perfectly valid for justice, which was signed by Alberto Fernández, who a few months after doing so, violated it by allowing more than ten people to gather in the Quinta de Olivos to celebrate the birthday of Fabiola Yanez.

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