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accused of 'cheating' by traveling with a fake ticket

A man who was surprised when he fell from a railway station in Flores and inserted into the turnstiles a false passage was dismissed by the Court because "the travel by train without paying the appropriate fee can not be regarded as fraud. "

The ruling, issued by the Fourth Chamber of Criminal Appeals rescinded the indictment against Juan Carlos Chamorro, whom the judge Alberto Baños had attributed "the crime of fraud ideal concurrence with the use of false private document".

The appeals court shot down the theory of "false private document" considering that "the ticket or monthly pass no rail transit document can be considered, since it lacks the characteristics required to be considered that, notwithstanding that it may constitute a vehicle to commit another robbery. ©

For the rest of the charges and the maids Alberto Seijas, Carlos Gonzalez and Marcelo Lucini were aware that the passenger "had gone down to training in Flores season when, with the sole purpose of leave, introduced the apocryphal ticket on the windlass. "

(DyN - 28/09/2010)

"There is no record for maintaining that for
make course changes, use the pass apocryphal, nor is there any possibility to carry out any action that leads to test establish that extreme, "they replied.

But even if had actually gone without pay, the passenger did not commit
any crime, "the train ride without paying the appropriate fee, can not be considered cheating because the subject does not appear active solvent and, consequently, does not induce the error causing the consequent loss of property of the taxpayer."

The maids differed on the train without paying for what "happens in other cases, such as travel in taxis or consumption in bars or restaurants, not counting money for it, circumstances in which it could conduct Chamorro considered a crime.

"Travelling without prior payment of the respective train ticket is only failed in the concession agreement

General Regulation of Railways, which is expected a fine of nine dollars for passengers who have not paid, "clarified the maids.

" So, being a regulated utility that provides penalties for those who use it to evade the payment, the criminal law should not enter analysis of such conduct, ratified, by preempt Chamorro.