The National Government filed a second complaint, this time against judge Karina Andrade for the crimes of "malfeasance, breach of public official duties, and concealment." This complaint occurred after the judge released 114 detainees during a protest near Congress, an act that generated a reaction from Patricia Bullrich, the Minister of Security, who instructed Fernando Soto, the lawyer of the ministry, to file the criminal complaint.
In the complaint, it is argued that Andrade released the detainees without analyzing the evidence, without considering the criminal records, and without respecting legal procedures. She is criticized for making the decision through a WhatsApp chat, thus avoiding establishing an official record and not giving intervention to the Public Prosecutor's Office.
From the Executive Power, they argue that Andrade's decision was a breach of the current criminal laws, as well as lacking foundations in the facts and applicable law. They believe that the judge acted based on a pure ideology and allowed non-designated defenders to participate in the process, violating the flagrancy procedure that establishes that the Prosecutor is responsible for assessing the detention.
For her part, Andrade defended her resolution by arguing that she acted with the available elements and based on the protection of the right to protest and freedom of expression guaranteed by the National Constitution. She stated that her ruling clarified the detention procedure in the country, distinguishing between rapid response and the expectation of the State to investigate criminal acts.
