Interview with Daniel Sabsay, Constitutional lawyer
07:21
–
The constitutional lawyer Daniel sabsay participated in the program Girl Table, which is issued by LN+, and before the controversy generated by the recent ban on social gatherings across the country The specialist considered that “a crime was created through a presidential decree.”
“I think the serious thing is that it has been legislated through a DNU the creation of a crime, “the constitutional lawyer warned when asked about the ban on social gatherings that came into effect this week.” As a general principle the constitution prohibits the president from issuing decrees that have legislative content and only leaves it when Exceptional circumstances prevent normal treatment for the enactment of laws. But it excludes four subjects: criminal, prosecutorial, political parties and electoral issues, “said Sabsay.
And in that same line, he added: “However, here we find that family parties and social gatherings are incriminated through a kind of link that projects them on the commission of the crime provided for in article 205, which would be something like going against whoever spreads, in some way, the disease that can be dangerous for the entire community. “
The constitutionalist pointed out against this kind of analogy that usually occurs in private law. “In criminal matters, it is precisely the place where the restriction of authority must be taken care of the most … the act that is going to build a crime must be described in such a categorical way that it prevents any type of interpretation that leads to a discretion, “said the legal specialist.
Is it reasonable at this point in the quarantine and in the face of the responsibility that the population has shown to prevent small social or family gatherings from taking place? Sabsay questioned. And he quickly replied: “I think not. But it is something even more serious than the fact of considering that this constitutes a crime and analogically assimilating it to another that is provided for in the Penal Code, which also becomes an alleged crime. Because if it were not for a person suffering from the disease, saying that he is spreading the virus would be false. “
“There has been a feast of decrees of necessity and urgency here,” said Sabsay, after justifying the first two DNUs that were triggered as soon as the coronavirus pandemic was declared by the World Health Organization (WHO). “But then ‘the little machine’ started. Giving the Chief of Staff the management of the entire budget item is taking away, perhaps, the greatest control that Congress has over the Executive and taking it as his own,” he concluded.
On the other hand, when consulted by the recent judicial reform project presented by Alberto Fernández to create a new federal criminal forum Sabsay answered categorically: “The mission is the impunity of Vice President Cristina Kirchner, to begin with, and of the other officials who are implicated in serious corruption crimes against the public administration.”
ALSO
–
