2023-08-17 03:15:00
The criminal chamber of the Superior Court of Justice of Neuquén ratified the sentences of four of those involved in the femicide of Agostina Gisfman, which occurred two years and three months ago. The fifth, Juan Carlos Monsalve, He was the only one who confessed to authorship and had a final sentence.
Now sentences to life imprisonment remained firm by Claudio Enzo Monsalve (33), Julio Maximiliano Zapata (23) (co-authors), Ana María Perales (31) (instigator), and to 11 years of Gustavo Alexander Chianese (56) (secondary participant).
In this way, the five involved they will begin the stage of execution of the sentence. Until now all, except Juan Carlos Monsalve (48), were in preventive detention that was periodically extended.
The public defense, which took over the representation of the convicted after the trial, could present an extraordinary appeal to try to reach the Supreme Court of Justice of the Nation, but its chances of prospering seem slim.
When will they be released?
The defenses had also raised at the time that the sentences of life imprisonment be reviewed within 20 yearsbut the ruling of Judge Luis Giorgetti issued on November 30, 2022 and now ratified, did not make room for them.
Therefore, there is no chance of them getting their freedom back In advance.
The decision of the criminal chamber of the Superior Court is signed by the members Alfredo Elosu Larumbe and Evaldo Darío Moya.
Legal verdict, sentence and penalty
It indicates in the substantial part that “the verdict that found Claudio Enzo Monsalve and Julio Maximiliano Zapata (as co-authors), Ana María Perales (instigator) and Gustavo Alejandro Chianese (secondary participant) guilty, for the death of the young Agostina Gisfman; the judgment of responsibility and the sentence imposed, as well as the response given by the Court of Appeal, are adjusted to the specific and particular circumstances of the case, which are duly accredited. That is to say, that valid jurisdictional acts result”.
The appeals presented by the defenses They only refer to a mere discrepancy in matters of fact, evidence, local common and procedural law, thus subtracting an essential requirement for resorting to this local extraordinary instance,” they add.
In the operative part, they declare the inadmissibility of extraordinary appeals and they impose coststhat is, they must pay the costs of the trial.
The case
The femicide of Agostina, 22, mother of a 3-year-old girl and who lived in Cipolletti, occurred on May 14, 2021 in Centenario. The perpetrators stabbed her in a dump and burned her body.
After two jury trials (the first was annulled), the people’s jury unanimously found guilty Enzo Monsalve (Juan Carlos’s nephew) and Maximilian Zapata (employee) like co-perpetrators of aggravated homicide for having been caused with treachery, with the premeditated cooperation of two or more people and for having been perpetrated by men against a woman in the context of gender violence (femicide).
In the case of Ana Maria Perales (wife of Monsalve), by a majority of 11 votes, declared her instigator of the crime of aggravated homicide for having been caused with treachery, with the premeditated cooperation of two or more people and for having been perpetrated by men against a woman in the context of gender violence (femicide).
Regarding Chianese who was declared liable as aggravated secondary participant for femicide by ten votes of the popular jury, and sentenced to 13 years in prison, the Court of Appeal reduced the sentence to 11 years.
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