Once Again, A Tucumán Province Court Removes The Requirement Of Advance Payment Of A Fine In Order To Appeal It
On the 8th of May, 2019, in the case “Sosa Carlos Enrique S/ Recurso De Queja Por Apelacion Denegada”, (Expte: 1785/2024), the Conventional Secretary of the Judicial Power of Tucumán granted a citizen’s request to be able to recuperate his vehicle without paying the fine in advance in order to appeal the ruling. Resolving it as such, he ruled that the seizure of a vehicle cannot be used to purposefully coerce the citizen into paying the fine. He added that this measure also implies a restriction on the constitutional right to property. He also indicated that the automatic application of the “solve et repete” principle is an irrational measure that transcends the mere tax-collective authority of the Treasury, imposing unnecessary restrictions on free trade and the right to a fair trial. . .