Global Courant 2023-05-31 20:54:19
A renowned criminal lawyer analyzed the situation of Daniela Carbone and what crimes she can be charged with.
Daniela Carbone, the Aerolíneas Argentinas flight attendant arrested for a bomb threat to a plane of that line, could be sentenced for at least two different crimes. Although her procedural panorama is complicated, if convicted, it is very likely that she will receive a sentence of more than three years, which means a sentence that cannot be released from prison.
If the flight attendant’s guilt is proven, the penalties that are handled for the crimes that she would have committed are not so serious. Also, Carbone has no criminal record.
Eduardo Gerome, a criminal lawyer and former investigating judge, analyzed the situation and assured that “a range of possibilities can be opened up.”
From his point of view, Carbone could be charged with two crimes. One is article 194 of the Penal Code, which says that whoever “without creating a situation of common danger, prevents, hinders or obstructs the normal operation of transport by land, water or air or public communication services, water supply , of electricity or energetic substances, will be punished with imprisonment from three months to two years”.
“It is not a serious sentence. It is releaseable. If you do not have a criminal record, they do not give you a high sentence. In general, if it is less than three years, they give you a suspended sentence,” adds Gerome.
Daniela Carbone, the flight attendant arrested for bomb threats against an Aerolíneas Argentina flight.
Another is the crime typified in article 211: “Anyone who, to instill public fear or cause riots or disorders, makes signals, sounds the alarm, threatens to commit a crime, will be punished with imprisonment from two to six years.” of common danger, or use other material means normally suitable to produce such effects”.
Gerome summarizes that in this case “they are crimes against public safety”, but also points out that “the sentence is still largely free from prison because it is assumed that there is no precedent for a higher sentence to be applied.”
On the other hand, he explains if the plane had taken off, the stewardess’s situation would have been much more serious. “If the plane leaves and they find out about the bomb threat as soon as it leaves, the accused would now be more complicated” since “the pilot is not going to drive the plane normally. Because of the scare, he could endanger the flight. It could happen the possibility that the plane was in danger. In that case, article 194 would be replaced by 190, which has a penalty of up to eight years.”
the royal contest
It is believed that Carbone could be sentenced for these two articles. In that case there is a real competition of crimes, which add up in a particular way. “Usually the two greater sentences of the two articles are taken into account. With which it would be a sentence of between two and six years,” she analyzes.
Daniela Carbone, the flight attendant accused of being the author of the bomb threats that delayed an Aerolíneas Argentina flight.
However, the criminal believes that “surely they will not give him a sentence that exceeds three years.” But he does take into account that the flight attendant could suffer other means of repression, such as financial punishment. In other words, a million-dollar demand, by Aerolínea Argentina. “The passengers could sue the company and this company, in turn, the defendant,” he says.
If sentenced to less than three years, Carbone could return home and lead a normal life. But during that time, what she can’t do is commit a crime again. “If she does, she will lose the possibility of serving conditionally and the sentences will also be added to her,” adds the criminal lawyer.
He speculates that in addition to the penalty, the judge in charge of the case could request psychological treatment. “Sentences have a social function, which is to show people the consequences of committing a crime. That is why it is important that a judge apply the corresponding sentence to set an example that crimes are paid for,” closes Gerome.
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