Was there an irregularity in the prosecutor's actions?
According to experts consulted, prosecutor Cladera would have acted in accordance with the law. According to the Criminal Procedure Code of the province, attempted car theft doesn't warrant preventive detention, so the prosecutor had the authority to release the minor by applying article 161 of the regulation.
This article establishes that a prosecutor can order the release of a detainee when they believe they will not request preventive detention, as long as the accused reports their real address and commits to appearing before the Justice when required.
Kim, la menor asesinada por la inoperancia de la Justicia zaffaronista
However, the impact of Kim's crime caused strong criticism and led the Prosecutor's Office to open a file to analyze whether the prosecutor correctly applied the regulations.
Possible consequences for the prosecutor
Although no fault has been detected, the maximum sanction Cladera could face, if any error or failure is found, would be a suspension of up to 30 days. Only if it were proven that she committed a crime would the Prosecution Secretariat intervene with more severe sanctions.
The Prosecutor's Office clarified that the investigation doesn't focus on the tragic consequences of the minor's release, but on determining whether the prosecutor acted in accordance with the current regulations.
The process was initiated last Wednesday by the Disciplinary Control and Prosecution Secretariat, led by Miguel de Lezica, and seeks to determine if the prosecutor committed any irregularity by not requesting the detention of the minor, who already had a criminal record.
T.G.'s background and the prosecutor's decision
On February 1, T.G. and three other teenagers attempted to steal a car on Calle 61 between 14 and 15. The Buenos Aires Police arrested them, but, due to his age (17 years) and the classification of the crime as attempted car theft, the prosecutor decided not to request his detention and handed him over to his parents.
The first victim of the criminal, a 20-year-old young woman named Martina, reported in the media that she spent more time at the police station than the aggressors themselves. "I even saw when they were released. The mother went to pick him up as if he were at school for a reprimand," she expressed indignantly.
