Gerardo Alejandro Dahse (58) was going to be tried for sexually abusing a patient in 2008. The Criminal Court 2 of Corrientes established that more time had passed since the incident than the maximum amount of punishment provided by law.
The plaintiff lawyer announced that she would appeal the ruling before Cassation to reverse the ruling. The decision of judges Román Facundo Esquivel, Ariel Héctor Gustavo Azcona, and Juan José Cochia, goes against the resolution that the Court of Appeals issued in April of last year, rejecting the prescription claim that the doctor's defenders alleged at the time. The judge maintained that the prescription "is a guarantee in favor of the accused of a constitutional nature through which a brake is imposed on the State to continue the persecution" of a crime, he explained in his decision.. The doctor already has a conviction for having sexually abused another patient. The Criminal Court 1 of Corrientes imposed a seven-year prison sentence on him, which he must serve once the ruling is final. The judge said that the Court's ruling allows for "correcting the vices, defects, and errors of previous stages" of the process, and that if a sentence were passed on Dahse in this case, it would not be confirmed by the Nation's Highest Court of Justice. "What cannot be considered comprehensible - much less healthy, especially for the litigants - is to go beyond the assumptions regulated by the law, the Constitution, and international regulations.' " "If it is a jurisprudential interpretation that, at all In light, it is exceptional and, therefore, viable only if the cases examined are based on the same factual and legal circumstances."