October 21, 2016, the judge hearing the appeal denied the revocation and remitted it to
the Appeals Tribunal.188 On March 8, 2017, the Tribunal confirmed the appealed decision
and ordered that the matter be returned to the lower court.189
162. The accused then filed, on April 3, 2017, both an appeal in cassation and
objection of unconstitutionality against Law 18,831 to the Supreme Court.190
December 20, 2017, the Supreme Court partially accepted the objection with
indication that Articles 2 and 3 of Law 18,831 were not applicable to the accused.191
May 23, 2018, the Supreme Court declared the appeal in cassation inadmissible.192
an
On
an
On
163. On November 12, 2018, E.K. presented an objection of unconstitutionality with
respect to Articles 1, 2, and 3 of Law 19,550,193 The proceedings were suspended and
were sent to the Supreme Court.194 They were then remitted between December 3, 2018
and April 3, 2019, from the Fourth Criminal Prosecutor to the Court Prosecutor, the
Prosecutor General and the Special Prosecutor.195 On August 29, 2019, the Supreme
Court dismissed the objection of unconstitutionality.196
164. On October 23, 2019, the defense of E.K. again requested that the proceedings
be closed and archived due to prescription.197 The Special Prosecutor, on October 29,
2019, labeled the request a delaying tactic and asked that the accused be “urgently”
summoned to testify.198 On November 1, 2019, the court rejected the request to close
Cf. Decree 2333/2016 of the acting judge, of October 21, 2016 (evidence file, files remitted by the
State, f. 6446).
188
Cf. Judgment 32 of the Second Tribunal of Criminal Appeals, of March 8, 2017 (evidence file, files
remitted by the State, fs. 6459 to 6464).
189
Cf. Filing of an appeal in cassation and an objection of unconstitutionality, presented by the defense
of the accused on April 3, 2017 (evidence file, files remitted by the State, fs. 6468 to 6511).
190
Cf. Judgment 1984 of the Supreme Court of December 20, 2017, in cases “Reyes, Arturo Ricardo –
Odizzio Di Raggio, Marta – Potasnik, Flora – Complaint – Objection of unconstitutionality – Law No. 18.831
and criminal cassation” (evidence file, files remitted by the State, fs. 6608 and 6609).
191
Cf. Judgment 1300 of the Supreme Court of May 23, 2018, in cases “Reyes, Arturo Ricardo – Odizzio
Di Raggio, Marta – Potasnik, Flora – Complaint – Objection of unconstitutionality – Law No. 18.831 and criminal
cassation” (evidence file, files remitted by the State, fs. 6620 to 6623).
192
Cf. Filing of an objection of unconstitutionality, presented by E.K. on November 12, 2018 (evidence
file, files remitted by the State, fs. 6686 to 6706).
193
Cf. Decree 2487/2018 of the acting judge, of November 13, 2018 (evidence file, files remitted by the
State, f. 6707).
194
Cf. Opinion outside the hearing No. 5844/18/FPM4, of the Fourth Criminal Prosecutor, of December
3, 2018; brief of the Court Prosecutor and Prosecutor General of February 5, 2019 and brief of the Special
Prosecutor of April 3, 2019 (evidence file, files remitted by the State, fs. 6722 to 6726, 6733 to 6758, and
6781 to 6794, respectively). It is important to note that the transfer to the Special Prosecutor took place after
March 14, 2019, after which it was sent Fourth Criminal Prosecutor and to the Court Prosecutor and the
Prosecutor General (cf. Order of the Supreme Court of March 14, 2019 (evidence file, files remitted by the
State, folio. 6768)).
195
Cf. Judgment 1278 of the Supreme Court of August 29, 2019 (evidence file, files remitted by the
State, fs. 7054 to 7055).
196
Cf. Brief of the defense of the accused requesting “the closing and archiving due to prescription,” of
October 23, 2019 (evidence file, files remitted by the State, fs. 7092 to 7095).
197
Cf. Brief of the Special Prosecutor, No. 338, of October 29, 2019 (evidence file, files remitted by the
State, fs. 7098 and 7099).
198
44