New Acquittal Of Another Driver Due To Nullity Of Proceedings In Jujuy
On the 2nd of December, 2024, in the case “Apelación de Juzgado de Faltas Municipales: Abarza Aragón, Felipe Rafael c/Municipalidad de San Salvador de Jujuy”, (Case No. C-253123/24), Seat 4 of the Second Chamber of the Administrative Litigation Court of Jujuy Province upheld the appeal filed by the appellant and overturned the conviction issued in the initial administrative proceeding. The court found that: (i) the form in which the photographic evidence was introduced failed to guarantee the legitimacy of its acquisition nor its authenticity; (ii) the collection of evidence in legal proceedings is an activity regulated by formal rules which must be strictly followed in order to ensure its legality; (iii) there was no explanation given as to how the agent noticed, detected or suspected that the vehicle in question was providing unauthorised transportation services, or that one of the individuals inside was a passenger; (iv) the full body of evidence was not delivered to the defendant at the time the report was issued, which marked the start of the procedural obligations for the individual, which affected the defendant’s ability to exercise their right to a fair trial.