In Argentina, the Federal Chamber endorsed the decriminalization of drug possession for personal use in confirming the dismissal of a young man who was caught smoking a marijuana cigarette in the vicinity of Chacarita cemetery in Buenos Aires.
In a decision signed on December 30 last and had access to Telam, the maids Jorge Luis Ballestero and Eduardo Farah reiterated the unconstitutionality of the second paragraph of Article 14 of Law 23737, known as "drug law" that suppressed the behavior.
The four facets of his sentence was right judges to the federal judge Daniel Rafecas desincriminó the young man who was struck by a brigade of the Federal Police, the Avenida Guzman height Federico Lacroze of the former line General Urquiza in this city, smoking a marijuana cigarette.
against the decision of Judge Carlos Stornelli Rafecas prosecutor lodged an appeal to the maids did not rise to the claim that the court ruling "is well founded" and apply the foundations of the magistrate to terminate the accused.
The judges reiterated that in order to punish the accused is necessary that the consumption of drugs will lead to a "ostentatiously and" affecting third parties, something that was not the case in question as the young "was alone, walking a main road, he noticed the police presence immediately got rid of the cigarette. "
"The possession of narcotics for their own consumption behavior of the holder was unable, by itself, to connect to an outcome of harm to others, because it meant no harm to public order and morality or prejudicial to third parties involved "said Ballard in a concept he joined his colleague Farah.
The maid added that there are cautions that "the circumstances in which alleged possession occurred in cars, a situation of harm, or even concrete danger" to the rights or property of others, because it is not synonymous with mere externalization behavior-. "
For this reason concluded that corresponds to "declare the unconstitutionality of Article 14, second paragraph, of Law 23,737, for the specific case brought under review" and confirm, so, "the car turned around and off the field as has appeal "
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