INTENDENTE CIPOLINI, PODRÍA SER ENCARCELADO POR 170 CHEQUES FALSIFICADOS

Este viernes 4 de Octubre, el Juzgado de Garantías de Sáenz Peña, a cargo de la Jueza Mariana Benítez; notificó al Dr. Dante Moreira la concesión del recurso en la causa donde el actual concejal realizó tres denuncias que investigan libramientos de más de 170 cheques falsificados al Intendente Gerardo Cipolini, y denuncias por Incumplimientos de deberes de funcionario público y Abuso de autoridad por viajes a Europa sin la autorización legal del Concejo Municipal“Hace unos meses hubo un intento de ‘archivar la causa’ por parte del Fiscal Nº 3 Dr. Marcelo Soto, pero ahora el recurso concedido por garantías definirá la Cámara de Apelaciones en lo Criminal de la ciudad de Resistencia”, afirmó Moreira.Cabe consignar que Dante Moreira es también querellante, y se logró el descubrimiento de la supuesta falsificación de cheques y documentos públicos en más de 170 hechos, y a la par el viaje del Intendente a Europa sin la previa autorización del Concejo (artículo 71 L. Orgánica) están plenamente probados en el expediente.
DELITOS TOTALMENTE PROBADOS EN LA CAUSA
El concejal Dante Moreira sostiene que todos los hechos están plenamente probados, tanto el viaje sin autorización (Incumplimiento de deberes de funcionario público y Abuso de autoridad), como la Falsificación de cheques, Falsificación de monedas, Falsificación de Títulos al Portador [art. 282 y 283 en función del art. 285 del Código Penal] en concurso con el delito de Falsificación de documentos [art. 292 del Código Penal].

A ello se sumaría que faltan requerimientos del Fiscal de las chequeras y más informes a la Secretaría de Economía y al Nuevo Banco del Chaco por más cheques emitidos durante la ausencia del Intendente.
EL FISCAL OMITIÓ MUCHAS PRUEBAS Y SE INTENTÓ ARCHIVAR LA CAUSA
Moreira indicó que se intentó archivar la causa omitiendo varios hechos contenidos en la denuncia, probados por la ausencia del país del Sr. Intendente Municipal, Gerardo Cipolini; por el lapso de 23 días, más precisamente el término entre la fecha 24 de mayo de 2018 al 15 de junio de 2018 sin haber obtenido -de manera previa- la autorización pertinente del Concejo Deliberante.

“Hubo una resolución apresurada, que es nula por fundamentación aparente, una errónea valoración de las piezas procesales de la causa, y errónea aplicación del Derecho Dicha norma establece de manera inequívoca e indubitada que: “El Intendente no podrá ausentarse del municipio por más de cinco (5) días hábiles, sin previa autorización del Concejo Municipal.”

“A ello se suman otros hechos como el que el Presidente del Concejo Municipal -Pedro M.Egea- asumió -de facto- el ejercicio del Ejecutivo Municipal. Es decir, que Egea también, comete los hechos ya que abandona su cargo como Presidente del Concejo Deliberante, para asumir -también irregularmente- el ejercicio de la Intendencia. Todo esto ya se probó por ello el Recurso que nos ha concedido Garantías”, detalló el edil Dante Moreira.
ALGUNOS DETALLES DE LA CAUSA: Señala Moreira que existen otros tópicos “como el intento de ocultar los ilícitos mediante sendas resoluciones que tienen todo el sesgo de haber sido antedatadas. (Resolución Municipal N° 426/18 mediante la cual sería el propio Intendente quién se autoriza su viaje. Resolución que supuestamente dataría de fecha 24 de mayo de 2018, pero que tal y como surge de las constancias de fs. 16 carece de la firma del Sr. Intendente. Y la resolución de Presidencia del Concejo N° 008/2018, que dataría también del día 24 de mayo de 2018). Esas resoluciones no son más que la clara confirmación de la existencia de los delitos en cuestiónEllo se explica muy sencillamente dado que:a) No puede el Intendente aprobar su propio viaje.b) El presidente del Concejo no tiene las facultades para autorizar el viaje del Intendente, sino que ello debe realizarlo el cuerpo legislativo en pleno.c) Tal y como se acreditara con el acta notarial acompañado en oportunidad de radicar la denuncia, recién en fecha 30 de mayo de 2018 el cuerpo de Concejales se informa de manera formal de la ausencia del intendente, y de la toma del ejecutivo por parte del Presidente del Concejo.d) Como también surge del acta de la Sesión del día 30 de Mayo de 2018 -Acta N° 1545-, el Sr. Pedro Egea figura en carácter de Presidente del Concejo, y no como Intendente a Cargo. El prosecretario del Concejo pone en evidencia que Egea nunca había dejado formalmente el ejercicio de la Presidencia del Concejo para asumir la Intendencia.

Es decir que no existió ni existe un solo argumento para que el Sr. Fiscal deba archivar como si nada esta semejante causa”, explicó Moreira
EL RECORRIDO QUE VIENE
“Con el recurso que nos han notificado, ahora resolverá la Cámara de Apelaciones en lo Criminal de Resistencia y en su caso llegaremos a la Cámara de Casación y a la Corte Suprema de la Nación.
Ello porque el archivo que se ataca está en discrepancia con normas de la Constitución Nacional, derechos garantizados por numerosos Tratados internacionales que gozan de jerarquía Constitucional y proceden hasta el Recurso Extraordinario Federal de la Ley 48”, aseveró Moreira.
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