Maradona Case Update: Non Bis In Idem After 5 Years – Infobae
Okay, here’s a breakdown of the information regarding the ongoing judicial case related to Diego Maradona’s death, based on the provided Google News snippets, and an explanation of the “non bis in idem” principle:
The Judicial Case – 5 Years After Maradona’s Death (Based on Infobae Article)
The first article from infobae focuses on the continuing legal proceedings surrounding Maradona’s death. Here’s what we can gather:
* The Core of the Case: The case revolves around potential negligence in the medical care Maradona received before his death. Specifically, it investigates whether he received adequate and appropriate treatment from the medical professionals involved.
* Recent Developments & Appeal: The case has reached the stage of an appeal. Eight people (doctors, nurses, and a psychologist) are accused of “simple homicide with eventual malice” (a legal term indicating intent, but not necessarily premeditation). The defense is arguing for the case to be dismissed.
* “Non Bis in Idem” Principle: This is a crucial element of the legal battle. The defense is invoking the principle of “non bis in idem” (Latin for “not twice for the same”). They argue that a previous inquiry (conducted by the San Isidro Prosecutor’s Office) already cleared the medical personnel of criminal duty. They claim trying them again for the same alleged actions violates this fundamental legal principle.
* The Prosecution’s Argument: The prosecution is countering that the previous investigation was focused on determining the cause of death, not on establishing criminal responsibility. They argue that the current investigation is a separate process aimed at determining if negligence or wrongdoing occurred that constitutes a crime.
* The Court’s Decision: the court will need to decide whether the current proceedings are indeed a new case, or a re-litigation of issues already decided. This decision will hinge on how they interpret the scope and conclusions of the prior investigation.
What is “Non Bis in Idem”?
The principle of “non bis in idem” is a cornerstone of many legal systems (including those in Latin America). It essentially means that no one should be tried twice for the same crime. There are a few key aspects:
* Same Offence: The second prosecution must involve the same offense as the first.
* Same Individual: It must be against the same individual.
* Final Judgment: There must have been a final judgment (acquittal or conviction) in the first case.
Why it’s relevant here:
The defense is arguing that the current trial is a second attempt to prosecute them for the same alleged wrongdoing (negligence leading to death). They believe the previous investigation, even if it didn’t explicitly charge them, effectively cleared them, and a new trial violates their rights. The prosecution is trying to argue that the investigations were different in scope and purpose,thus,the principle doesn’t apply.
Other Articles (Briefly)
* “Diego did not resist”: This article details the story behind a phrase used after Maradona’s death, focusing on the circumstances surrounding his passing. It doesn’t directly relate to the judicial case.
* Barrabrava irruption at wake: This article describes a chaotic scene at Maradona’s wake, involving fan violence and security concerns at the Casa Rosada.It’s also not directly related to the legal proceedings.
In summary: The legal case surrounding Maradona’s death is still active, with a key point of contention being whether the principle of “non bis in idem” protects the accused medical personnel from a second trial. The court’s interpretation of the previous investigation will be crucial in determining the outcome.