Judge Carlos Lima removed from case after dismissing driver who fled 30 km
A court annulled the dismissal issued by Judge Lima on his own initiative in favour of a young man who evaded a police checkpoint. The case returns to the Flagrant Offence jurisdiction.
Flagrant Offence Judge annulled for exceeding his powers by closing case on his own initiative
According to diariodecuyo.com.ar, Flagrant Offence Judge Carlos Alberto Lima was removed from a criminal case following a decision by appellate judge Fabio Daniel Guillén Alonso, who declared the absolute nullity of the dismissal that Lima had issued in favour of Adrián Ismael Espejo Vega, aged 25, accused of fleeing a police checkpoint whilst instigating a pursuit of almost 30 kilometres and endangering the physical safety of a motorcyclist officer.
The single-judge appeals tribunal upheld the submission by the Public Prosecutor's Office, finding that Lima overstepped his powers by closing the case on his own initiative, without any of the parties having requested it and without prior debate that would have allowed this alternative to be discussed.
The facts that prompted the investigation
The incident occurred at approximately 23:40 on 19 September 2026. Police were conducting a diversion operation on National Route 20 following a fatal traffic accident in Caucete, when Espejo Vega, at the wheel of a white Renault 19, ignored the indications of the uniformed officers, crossed through the safety barriers and drove over cones and lighting devices, forcing the officers to step aside to avoid being run over.
The driver did not stop. He undertook a flight of approximately 30 kilometres through the departments of 9 de Julio and Rawson, disregarding repeated police orders. Upon reaching the intersection of Provincial Route 155 and calle América, he directed the vehicle directly towards officer Marcelo Saffe, who had to perform an evasive manoeuvre to avoid being hit.
The pursuit ended in Médano de Oro. Upon being detained, officers verified that Espejo Vega was driving without a driving licence, without a vehicle registration document, without compulsory insurance and without compulsory technical inspection (RTO).
The contested decision by Judge Lima
At hearings on 21 and 22 September, Flagrant Offence prosecutor Virginia Branca attributed to Espejo Vega the offence of resistance to authority, provided for in article 239 of the Criminal Code, and requested that a date be set for trial. The defence, for its part, proposed a conditional suspension of the trial.
However, Lima ruled to dismiss the accused and ordered his immediate release, without any of the parties having requested such a measure. The judge based his decision on the grounds that the conduct did not constitute resistance to authority, given that the flight and non-compliance with a detention order did not, in themselves, involve direct physical violence against the police officers.
The Prosecutor's Office rejected this interpretation and appealed the ruling, arguing that Lima had invaded powers belonging to the prosecution authority and had failed to consider that the vehicle had also been used as a means of assault against the motorcyclist officer.
The court overturns the ruling and removes the magistrate
In reviewing the prosecutor's submission, Guillén Alonso agreed with the arguments put forward by the Public Prosecutor's Office. The appellate judge noted that the adversarial system in effect, established by Law 1851-O, clearly delimits the functions of prosecutors, defence counsel and judges, and that the magistrate cannot substitute for the Public Prosecutor's Office nor adopt decisions exceeding his competencies.
On this basis, Guillén Alonso declared the absolute nullity of the dismissal issued on 22 September, removed Carlos Lima from the case and ordered that the proceedings be sent again to the Flagrant Offence jurisdiction.
A new judge shall intervene in the case and preside over an initial hearing so that the proceedings continue in accordance with the rules of the adversarial system.
Source: Google News PE — Lima