47. On April 16, 2004, the alleged victim filed a motion of nullity with a subsidiary appeal
against the order of April 12.56 On June 28, 2004, the surrogate Magistrate rejected the
motion of nullity in all its parts and declared the subsidiary appeal inadmissible.57 On February
14, 2005, the Second Chamber rejected an appeal of complaint filed by the alleged victim
and confirmed the order of June 28.58
c) Motion for recusal on grounds of prejudgment of three members of the Second
Chamber
48. On August 4, 2005, the alleged victim recused the members of the Second Chamber.59
On August 10, 2005, the Chamber rejected the motion in limine.60
d) Appeal of Judgment N° 139 of the Second Chamber of December 20, 2005
49. On December 20, 2005, the Second Chamber sentenced Mr. Romero Feris to a term of
five years’ imprisonment and to perpetual disqualification from public office as co-perpetrator
of the crime of embezzlement. It also found with merit the complaint and the civil suit in favor
of the Municipality of Corrientes in the amount of four hundred thousand pesos (ARS
400,000).
50. On February 20, 2006, the alleged victim filed a writ of cassation against the decision
of the Second Chamber.61 On October 19, 2006, the STJC found the remedy without merit
and confirmed the sentence.62
51. On November 3, 2006, the alleged victim filed an REF before the STJC against the
decision of October 19.63 On February 20, 2007, the STJC decided not to grant the REF.64
52. On March 5, 2007, the alleged victim filed an appeal of complaint before the CSJN
against the decision that denied the appeal that requested that the STJC review the sentence
imposed on him.65
53. On December 18, 2007, having consulted the Attorney General who advised that the
recourse be rejected,66 the CSJN denied the complaint.67
C.3. Case: Romero Feris, Raúl Rolando; Isetta, Jorge Eduardo; Magram,
Manuel Alberto for Embezzlement; Ortega, Lucía Placida for Embezzlement
and use of a false document
a) Motion of exception of lack of jurisdiction and competence
56
Cf. Motion of nullity and a subsidiary appeal of April 16, 2004 (evidence file, fs. 798 to 801).
57
Cf. First Court of Instruction, Order N° 414 of June 28, 2004 (evidence file, fs. 802 to 808).
58
Cf. Second Criminal Chamber, Resolution of February 14, 2005 (evidence file, fs. 809 to 813).
59
Cf. Recusal with cause of August 4, 2005 (evidence file, fs. 814 to 825).
60
Cf. Second Criminal Chamber, Sentence N° 382 of August 10, 2005 (evidence file, fs. 826 to 827).
61
Cf. Writ of cassation of February 20, 2006 (evidence file, fs. 828 to 887).
62
Cf. STJC, Sentence N° 106 of October 19, 2006 (evidence file, fs. 889 to 919).
63
Cf. Special Federal Recourse of November 3, 2006 (evidence file, fs. 920 to 951).
64
Cf. STJC, Sentence N° 9 of February 20, 2007 (evidence file, fs. 952 to 959).
65
Cf. Appeal of complaint of March 5, 2007 (evidence file, fs. 962 to 997).
66
Cf. Report of the Attorney General of Argentina of September 28, 2007 (evidence file, fs. 998 to 1007).
67
Cf. CSJN, Sentence of December 18, 2007 (evidence file, fs. 1008 to 1009).
10