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On the 21st of August, 2024, in the case “Stisin, Adrian L. s/ Inf. Ord. 4226/2010 c/ Retención preventiva”, (Case No. 6071/2024), the judiciary of the Municipality of Santa Rosa ordered the immediate return of an unlawfully seized vehicle without demanding advance payment of the fine. In reaching its decision, the Court understood that Article 45 Section (b) of Ordinance 4226/2010 violated the principle of presumption of innocence established in Article 18 of the National Constitution, as it considered the defendant guilty from the outset of the proceedings.

Additionally, the Court held that, since the defendant had appeared voluntarily, did not evade justice and had ceased the alleged infraction, it was unreasonable to keep the vehicle withheld as a injunction.

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