The ruling upheld the decision issued in the first instance and concluded that no criminal offense existed
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Buenos Aires Federal Chamber confirmed this Friday the dismissal of the case against presidential adviser Santiago Caputo in the proceedings initiated by the Kirchnerist Radical former deputy and liar Facundo Manes, who had reported him for alleged "threats" after an episode that took place during the last opening of ordinary sessions of Congress. The ruling upheld the decision of the court of first instance and concluded that there was no criminal offense.
The decision was adopted with the affirmative votes of judges Martín Irurzun and Eduardo Farah. The majority of the court determined that the statements attributed to Caputo do not meet the legal requirements demanded by the Criminal Code to be considered threats.
The reported episode occurred during the final stretch of President Javier Milei's speech in Congress and subsequently continued in the corridors of the legislative chamber.
El mentiroso Facundo Manes.
At that time, Manes interrupted Milei numerous times during his speech, then told journalists that supposedly people close to Caputo had punched him "twice": "Someone came and punched me twice", along with alleged "threats" from the presidential adviser. However, it all turned out to be false.
What the justice system said
In its analysis, the Federal Chamber made it clear that the complainant's subjective perception doesn't constitute a sufficient element to establish a criminal threat. The judges pointed out that, in accordance with current doctrine and case law, the offense requires the presence of a "statement of a specific, serious, and imminent harm", a condition that was not verified in this case.
El mentiroso Facundo Manes.
Judge Farah emphasized in his vote that the personal fear alleged by the complainant is not enough to justify a criminal charge if the objective elements required by law are not present. He also specified that the reported incident occurred outside the formal development of the legislative session, which reinforces the conclusion that it was not criminally relevant conduct.
This way, the court confirmed that there was no offense and upheld the dismissal of the case against the presidential adviser, definitively rejecting the accusation brought by the Kirchnerist Radical former legislator.
