The Prosecutor in Charge of Prosecutor No. 29 before the Oral Criminal Court and the Court of Corrections, Sandro Abraldis, presented his opinion recommending that the doctor be temporarily removed. Hannibal Lutoki To practice medicine and trade in the field of beauty and cosmetics. This opinion was brought before the National Chamber of Criminal and Correctional Cassation, after the court sought the parties’ opinion on the disqualification while reviewing the Lutoki ruling, which was He is sentenced to four years in prison and five years of incompetence for the serious injuries sustained by four of his patients.
During the sentencing process in February 2022, Judge Carlos Ringel Merat, who was part of Criminal and Correctional Court No. 28, did not specifically rule on the Prosecutor’s application to issue a precautionary measure of disqualification in the practice of trade in the aesthetic. and the field of cosmetics by the defendant.
After the verdict, the prosecution, the defense and the complaint they represent Pamela Sosa He appealed the court’s decision. The complaint questioned that Lautoki had not been convicted of fraud and also insisted that the doctor did not practice medicine while the Cassation Chamber decided whether to confirm the conviction.
The third cassation chamber, consisting of Mario Magariños, Alberto Huarte Petit and Pablo Gantos, explained that the cassational appeal filed in the complaint challenged the previous first instance court’s decision to deny the application for the imposition of a custodial measure on Accused Lutoki. Disqualification from practicing medicine until the conviction is final.
The prosecution gave its opinion in this situation and said that the precautionary measure of disqualification is appropriate and must be issued by the Chamber immediately, given the danger it poses to the health of those who continue to undergo the interventions of Doctor Lutoki.
In addition, it was emphasized that public health is a societal value inherent in society and that the Public Prosecutor’s Office is responsible for promoting the defense of the public interests of society. It was maintained that the unconfirmed conviction against Lutoki, on grounds of breach of professional duties, supported the need for a precautionary measure to neutralize potential risks arising from the practice of medicine in general and plastic surgery in particular.
The Public Prosecution concluded by pointing out that the requested procedure does not aim to ensure the end of criminal proceedings or to enhance compliance with the ruling issued, but rather to prevent the current patients of the accused from being surprised in good faith while the judicial authorities process the final decision. Case resolved.
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