Another Dismissal Due To Atypicity of Conduct (Municipal Infractions Court No. 1)
On the 8th of May, 2019, in the case “Valdez Lucas Gabriel – Acta de infracción l\T 74 s/infrac. Art. 5 Inc. M – ORD. XVI – Na 17 D.M.”, the Judge ruled to dismiss considering that: (i) the conduct was not classified as an offence in any previous ordinance prior to the event; (ii) no other ordinance may be applied by analogy; (iii) regulations cannot be broadly interpreted to the detriment of the defendant; (iv) in all cases, doubt must be resolved in favour of the accused; (v) no regulation has been issued that determines the authorization required for the operators of passenger transportation services through digital platforms.