The Chamber considered that Ferderal Camera expressions of a man against another for being Jewish does not constitute “persecution or racial hatred”, as requested by victim, but represent an offense for “threats”.
The judges Eduardo Eduardo and Farah Freiler resolved in this sense a question of jurisdiction arising between the federal and ordinary justice, following a complaint filed by a man due to an episode that occurred on 1 July last year.
As stated in the ruling, the complainant alleged as persecution and racial hatred phrases uttered by another man to him in a bar in Puerto Madero. “You’re a Jewish bastard, I’ll kill you. You’re a whore like your family and all Jews… Hitler should have killed you all!” said to him, among other things.
The attacks were verbalized in the context of a commercial connection based on the recruitment of coastal airfares between the complainant and the accused.
For the victim, these words were an offense that should be tried under Act No. 23,592, a penalty of discrimination. Article 3 of that rule provides that “will be punished with imprisonment from one month to three years. Those who encourage or by any means embark persecution or hatred against a person or group of persons because of race, religion, nationality or political ideas.
However, for the House “would not have inspected the actions committed a federal interest. This, because the content of the phrases uttered by more reprehensible that it represented a way-indeed, to externalize unhappy relationships become discontent framed commercial and, indeed, in a possible threat. ”
In this regard, the appellate judges ruled that “the conduct being complained of did not exceed a strict particular motivation, not the federal courts must continue with the investigation.”
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