What will happen to the man who threatened Cristina Fernández de Kirchner at the Instituto Patria

This week the prosecutor Leonel Gomez Barbella asked the judge Manuel De Campos to order a search to proceed with the arrest and investigation of Claudio Hertz, the man who on July 21 made threats against the vice president Cristina Fernandez de Kirchner in front of homeland institute. He also requested the kidnapping of elements of interest for the investigation.

Although the magistrate did not order the arrest at the moment, he agreed to carry out the search of room “23” of the “Titan” hotel located at Calle Moreno 3056, where the defendant’s cell phone was seized as well as 3 pen drives and both that he was wearing on the day of the events.

As for the megaphone he used, he told the police officers that it was not in his possession since another of the self-summoned had lent it to him that day. Hertz He was notified of the accusation against him regarding the crime of aggravated coercive threats and public intimidation. After refusing to sign the notification document, he had to be transferred to a police station, but remains free and has not yet been summoned for questioning.

In his request, the prosecutor Leonel Gómez Barbella considered that Hertz “He threatened to alarm or intimidate another, in the species to Dr. Fernández de Kirchner, inflicting an evil dependent on all or part of his will. The threat was suitable to alarm or intimidate the vice president, in terms of the suitability of the threat itself.”

He added that “the action consisted of making use of threats with the purpose or purpose of conditioning the will of the person who received it with the purpose of abandoning their functions”, as highlighted in the initial complaint of the Prosecutor in charge of the Prosecutor’s Office No. ° 16 of the jurisdiction, Mónica Cuñarro.

“THE ONLY WAY OUT THAT YOU HAVE LEFT IS THE GROUND, YOU DID A LOT OF DAMAGE”, maintained the man with the megaphone that July 21 and continued with the threats saying: “WE ARE GOING TO KILL THEM ALL, WE ARE GOING TO COME WITH MACHINE GUNS AND WE ARE GOING TO LIQUIDATE THEM WHEREVER WE FIND THEM, HERE AT THE DOOR OF THE COUNTRY OR IN FRONT OF THE SENATE”.

For Gómez Barbella, regarding the aggravating circumstance for the purpose of the threats, the author had the purpose of “pursuing the obtaining of a measure from a national public power as it turns out to be the vice-presidential figure as a passive subject and what was required was precisely within the scope of his functions, while we also see that he intended to compel Dr. Cristina Fernandez de Kirchner to abandon her job as a public official, sufficing for the consummation of this aggravated figure that the threats had that claim as a condition.”

The representative of the Public Prosecutor’s Office recalled in his opinion a case similar to the present one in which a young man issued intimidating phrases to the then president of the Nation and the governor of the province of Buenos Aires, Mauricio Macri and María Eugenia Vidal, respectively. The Federal Chamber of Bahía Blanca interpreted that the application of the criminal type of art. 211, first paragraph, of the Criminal Code, since “these were not mere communications without repercussions of any kind… the action taken by the accused was appropriate… he uttered a message that contained a certain and concrete threat against life since then, the leaders… this type allows the incitement of hatred against the president, his family and his supporters due to the orientation that is promulgated, the conduct being likely to provoke riots or social disorders”; and that, “…the crime of public intimidation is intended to criminally prosecute behaviors capable of affecting public tranquility due to the alarm, fear or public fear that is instilled. The result is fear, not danger, since if it were the latter, it would be a crime against public safety.”

When requesting the arrest for investigative purposes, Gómez Barbella told Judge De Campos that “it is possible to presume the existence of a risk of pressure on witnesses and those who must testify in a possible trial, especially if one takes into account the relationship of power, resources and conditions that derives from the fact that the named denoted during his conduct a close link with members of a security force.”

Thus, in this file the prosecution also charged a member of the police, understanding that the criminal conduct on the part of the defendant here, took place in front of “a member of the City Police who, despite those intimidating phrases, not only did they not stop the flagrant action giving intervention to the national prosecutor on duty, but they maintain a conversation of prior knowledge among themselves”, and that “After shaking the fist at one of those police officers, with whom they exchanged words , the man continued with his actions…”, that is to say, “…the presence of at least two agents of the City Police is noted, who instead of stopping the actions of the subject in flagrante delicto and giving notice to the competent judge or prosecutor, they remain there and even one of them greets him and talks with him…”, as highlighted by the prosecutor Cuñarro in her complaint based on the eloquent images in the case.

According to the request, “regardless of having formed a summary for a violation and for the crime of damage, the images do not allow in any way to justify the inaction of the responsible security force personnel, at that time and place, where the illicit was committed”, for which reason Tamara Stephanie Sosa was called to inquire, to indicate why she did not carry out the actions corresponding to the fact.

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