The case that led to the convictions of a mother and son for selling drugs began with the intervention of the National Gendarmerie in the Empalme Granero neighborhood of the city of Rosario (Illustrative photo: Reuters/Agustin Marcarian)
This Wednesday, the Federal Court of Criminal Cassation validated the sentence against a mother and son sentenced to four years and 2 months in prison for the crime of drug possession for marketing purposes in Rosario. To reach that determination, he argued that the ruling challenged by the defense of the accused was “solvent” as it had been supported by evidence derived from wiretapping and raids on homes linked to both, where doses of marijuana, cocaine, a precision scale and cash.
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The case originated on September 20, 2018 as a result of a control procedure carried out by Squadron 46 Rosario-Victoria of the National Gendarmerie, who together with the Totoras Road Safety Section observed some suspicious movements in front of a kiosk located in José Ingenieros Street 7133 in the Empalme Granero neighborhood, in the city of Rosario.
As confirmed in the proceedings, when the troops on board a motorized patrol approached, several people located near the kiosk ran and fled. Two of them entered the premises and were able to escape through the back. Inside the place, on a counter, different packages with almost 150 grams of marijuana and 13 of cocaine were found in plain view.
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This discovery led to the judicial disposition of a battery of evidence, such as the carrying out of four home raids, where more doses of marijuana and cocaine were seized, in addition to other elements that accounted for the marketing of the merchandise, such as a precision scale. and wads of money. Telephone taps and observation tasks carried out by the Federal Police were also carried out. All the efforts led to finding the people in charge of the kiosk where the narcotics were sold: Irene Inés Ibáñez and her son Jorge Joel Schiavone.
The judges of Chamber IV of Cassation intervening in the case: Carbajo, Hornos and Borinsky
The Oral Federal Criminal Court 3 of Rosario evaluated all this evidence when imposing the sentences of four years and two months in prison for each one. The prosecution in its arguments had requested a sentence of six more months in prison. However, the unified defense of those convicted considered that the sentence had been arbitrary and filed an appeal.
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In this way, the file fell to Chamber IV of the highest criminal court in the country, made up of judges Gustavo Hornos, Javier Carbajo and Mariano Borinsky, who in coincidence decided to reject the proposal after considering that the sentence of the oral court of Rosario had been supported by a “solvent examination” of the evidence produced during the debate.
In that sense, Judge Carbajo, when casting his vote, stated that the Rosario court “took into account the observation and monitoring tasks carried out by the security forces, the wiretaps carried out and the amount of narcotic material seized. He emphasized that the drug was divided into numerous small packages, the way it is usually packaged for retail sale, and that it was found along with a precision scale and cash.
In turn, Chamberlain Borinsky adhered to the arguments presented by Carbajo and stated: “the contested resolution has minimal legal foundations that prevent its disqualification as a valid jurisdictional act.” Judge Hornos, meanwhile, ruled in the same sense.
Thus, Chamber IV of the Cassation decided to unanimously reject the presentation of the accused, who in addition to the prison sentence suffered the confiscation of a Peugeot Expert linked to the criminal operation.