01/05/2022 at 15:38 CET
The head of the Court of Instruction number 2 of Cartagena, acting as guard, agrees the prohibition of leaving the national territory of the doctor who operated on Sara Gómez, the woman who died after undergoing liposculpture in Cartagena, and holds your passport, under the warning of incurring in a crime of breach or disobedience in case of not complying with the precautionary measure imposed.
The magistrate does not pronounce on the disqualification of the physician, as the private prosecution claimed, understanding that a suspension of the exercise of the profession is only provided in criminal law as a penalty after a conviction – the order specifically cites the sentences of absolute disqualification and special disqualification of article 33- and, therefore , not as a precautionary measure, which in addition to being proportional, must be exceptional and subsidiary.
“Administrative law is responsible for carrying out a preventive and sanctioning role of the first degree, and according to the principle of minimal intervention, the criminal sanction must be reserved for those conducts that put the protected legal asset in a situation of sufficiently relevant danger & rdquor ;, explains the resolution. The opposite would mean, according to the instructor, reversing “the logical process established in criminal proceedings and in administrative proceedings & rdquor ;.
In addition, it agrees the inhibition in favor of the court of the judicial district of Cartagena that is competent for the date on which the surgical intervention took place (December 2) that resulted in the injuries that led to the death of the woman on January 1. .
The doctor has appeared in court of the port city after the magistrate in charge of the case agreed on Tuesday his arrest and brought to justice as a result of a complaint filed by the family by reckless homicide, as confirmed by the doctor’s lawyer, Pablo Martínez.
The head of the Investigative Court number 2 of Cartagena, acting as a guard, agreed this Tuesday afternoon to arrest and bring the investigated doctor to justice, after did not attend the appointment scheduled for that same day in the morning. The defense attorney has sent this morning an appeal to the Court of Instruction number 2 of Cartagena in which he asked thate annul the search and capture order against the surgeon, since, as he explains, the surgeon did not come yesterday to testify because he was out “as a result of social pressure and continuous harassment and even threats to him and his surroundings, from the date before Doña Sara’s death, “but he points out that now” he is back. “