Yesterday, President Mauriceio Macri signed a decision on urgency and urgency (DNU) to trigger the destruction of power so that justice can "recover more quickly and more transparently" goods from drug trafficking, organized crime. people and corruption.
The mechanism that allows the presidential DNU to be published today in Official Journal it is that civil and commercial justice, instead of a federal criminal, can resolve the disappearance of the dominance of goods to a person who is attributed to the latter by the alleged committing of some of these crimes.
The announcement was made by the President of Salón Blanco de la Rosada hours after the second Cabinet meeting (the first one last Thursday) after his 23-day rest and official visit to Brazil. In addition to the President of the Prosecutor's Office, Senator Umberto Shiavoni, most of the attendees were ministers and ministry officials involved in the matter, many of whom were dressed unofficially for rest.
This was the first announcement of a political-institutional impact at the beginning of the election year for what the government looks like one of the two central axes of the ruling party's campaign (the fight against corruption and insecurity) before a lack of economic performance. Also, after the announcement, details to the press were headed by Justice Ministers, German Garovano and Patricia Brulic.
Speaking in less than five minutes, the president has turned down the government's interest in accelerating the destruction of power through this mechanism, not only because Congress did not complete the transformation of law sent more than two years ago. Among the assets to be extinct, he finally mentioned: "Even the works of art that can be auctioned (…) so that we, the Argentinians, can put an end to the problems with which we've been moving for decades. "
In the case of notebooks, federal judge Claudio Bonadio abducted some days ago paintings and other works of art from the house of former President and Senator Cristina Fernandez de Kirchner.
Also, the political-electoral convoy was given by Bulrich. He said DNU would enable Civil and Commercial Justice to advance the disappearance of a "15-year retroactive" domain; the period almost coincided with the beginning of the rule of Nestor Kirchner. But a later high source of justice said the return would be 20 years, until the end of the government of Carlos Menem.
"The one who makes them pay them"
"It is not enough to condemn those who lead these criminal gangs, because as long as they have resources, they will continue to act. That is why we must attack their economic power, "Macri said.
"Today, criminal justice has tools to refine these assets, but they are very slow. With this regime of domain extinction, we are taking a step forward so that justice, in addition to convicting those responsible for the crime, can speed up the recovery of these assets more quickly, "he said.
He insisted that "criminals must return all the last assets they have taken illegally." "And tell them that in Argentina today," he repeated twice, "the one who made them pay them.
According to the text of the ruling, which La Voz agrees, "a request for the disappearance of a domain previously required by the judge in charge of criminal proceedings to have issued a precautionary measure on the property is required for his suspected link with the crime."
It is further noted that the defendant "bears the burden of proof to prove that the property or rights subject to the winding-up of property are included in his property before the date of the alleged offense or origin of the offense investigated or the origin with which he got them ".
The text includes the creation of the Office of the Prosecutor General of the Office for Extinction of Domain in favor of the national state, with the faculties officially conducting investigations.
A legal instrument that creates contradictions
The main foundations of the Macri measure.
What is a domain extinction? This means that the corrupt person ceases to own property that has robbed the state. The current criminal legislation already allows the state to confiscate, seize and confiscate illegally acquired goods, but corruption continues to be its property and the state can not do anything with them. Meanwhile, they accumulate in deposits. With the disappearance of ownership, these assets become directly owned by the state.
Why does McClree issue an Emergency Ordinance (DNU) instead of Congress adopting a law? Because the deputies and the senators disagree with the content of the law. In 2016, following the José Lopez bag scandal, the Lower House gave half of its sanction to a domain name disappearance through a large number of votes: 135 from Change, massismo and PJ, against 50 denials, at the Victory left. But the Senate "fell asleep" the initiative in 2017, given that the text was unconstitutional. Because at the end of 2018 he would lose parliamentary status, pressure on the senators began to grow to be treated. This finally happened last August, when a project promoted by PJ, which was completely different from that of MEPs, was approved. The lower house could confirm the changes in the Senate or insist on half of the sanction. But they did nothing. That is why there is no law.
What are the differences between the draft MEPs and the Senate? According to the draft lawmakers, it is simply with accusation that any prosecutor can ask a civil judge to dictate the disappearance of a domain that can be resolved without a criminal conviction, with the only suspicion that a person has stolen the state from various maneuvers. On the other hand, the draft Senate approved by the Senate, as a condition to allow the disappearance of a domain, stipulates that there is a criminal conviction, confirmed at least in the second instance.
What does Macri's DNU say? The decree is in line with the average sanction of lawmakers, judging by what Justice Ministers, German Garovano and Security Patricia Boulrich, announced yesterday. This means that the disappearance of a domain will be an exclusive action of the civil court, separated from the criminal process. The official argument is that the state must quickly recover the goods stolen from the corrupt ones and not wait for the sentences that take years.
What criticisms have been made by the opposition? They argue that resolving the disappearance of property, as announced, will cost the state billions of pesos in compensation for individuals who submit unconstitutional claims.
On the other hand, Minister Garabano, on the other hand, said that "there are sufficient guarantees for those people who have bona fide assets" and that this SDP applies only to assets that are later than the criminal activities under investigation, a civil process, where it will be discussed in detail if a person is the legitimate owner of a commodity or not. "
DNU requires approval from Congress? According to the law, once dictated and published in Official Journal, the presidential DNU is now in full force, unless it is rejected by the two Chambers of Congress, each one of the sessions.
Earlier, the coalitions of the legislative procedure should be pronounced not on the content but on the validity of DNU. But the opinion of this committee is not mandatory. In other words, only voices within the boundaries of the two bodies matter.
The DNU process is designed so that when a president issues a decree, it's virtually impossible for Congress to reject it. There is, in fact, no evidence of DNU, which has been invalid since it was rejected by Parliament.
The original text of this article was published on 02/29/2019 in our printed edition.