65.
On August 10, 2005, Criminal Chamber No. 2 rejected the recusation filed by defense
counsel.106 The Chamber stated the following:
Having analyzed the file (...) and having submitted similar arguments relating to the same
accused - Raúl Romero Feris - , regarding similar situations as resolved in Decision No. 265
dated June 13, 2005, and given the subjective connection existing between the cases, it is
now decided to revoke the decision adopted on 5-8-05, and consequently leaving without
effect, the composition of the Court and the relevant draw.107
66.
On December 20, 2005, Criminal Chamber No. 2 delivered judgment No. 139 by which Raúl
Rolando Romero Feris was sentenced to five years' imprisonment and perpetual disqualification as coperpetrator of the crime of embezzlement.108
67.
On February 20, 2006, defense counsel lodged a cassation appeal. 109 Defense counsel
requested nullification on the basis of the intervention of Judge Dr. Cintia Teresita Godoy Prats in the
following terms:
The activity of Dr. Luis Godoy Prats, father of the Magistrate (...) as agent of the joint plaintiff
in the case "FISCAL AGENT No. 2S / NOTITIA CRIMINIS-CAPITAL". Case Mp/33.509 referred
to "above", even when consolidation of cases has not been decided, cannot be ignored due to
subjective connection between those cases and the present one, as well as the rest in which
Raúl Rolando Romero Feris under process (...). This connection, in light of the express
provision of first part of Art. 40 of the Code of Criminal Procedure, demands the intervention
of a single court – despite the lack of consolidation – meaning the same composition for all
connected cases, regardless of their being consolidated or not.(...)110
68.
On October 19, 2006, the Superior Court of Justice of Corrientes rejected the cassation appeal
filed by defense counsel. 111 The Superior Court indicated the following:
As for the intervention in the trial by Judge Godoy Prats, I consider it completely valid
because, as the following doctrinal opinion clarifies, when dealing with this issue (...), the
second clause prohibits the intervention of two magistrates who are relatives in the same
case within the established limitations (...).
(…)
Those filing the recusation have not shown that in these cases or in other connected cases,
these members of the Chamber, related by close blood ties, have agreed to issue decisions
against the accused, which is the reason to recuse them successfully.112
106
Order No. 382 of Criminal Chamber No.2 of Corrientes, August 10, 2005. Annex to the Petitioner’s communiqué dated July
107
Order No. 382 of Criminal Chamber No.2 of Corrientes, August 10, 2005. Annex to the Petitioner’s communiqué dated July
108
Cassation Appeal, February 20, 2006. Annex to the Petitioner’s communiqué dated July 10, 2008.
109
Cassation Appeal, February 20, 2006. Annex to the Petitioner’s communiqué dated July 10, 2008.
110
Cassation Appeal, February 20, 2006. Annex to the Petitioner’s communiqué dated July 10, 2008.
111
Judgment of the Superior Court of Justice of Corrientes, October 19, 2006. Annex to Petitioner’s communication dated July
112
Judgment of the Superior Court of Justice of Corrientes, October 19, 2006. Annex to Petitioner’s communication dated July
10, 2008.
10, 2008.
10, 2008.
10, 2008.
15