The defendants did not take “any saving action” that could have prevented Maradona’s death despite occupying positions of “guarantors” capable of action and being aware of his “situation of risk,” Díaz said.
The defendants’ alleged failure to act according to “good medical practice” fulfilled the legal criteria for “malice” required to charge them under Article 79 of Argentina’s legal code, according to Díaz, meaning they could face eight to 25 años en prisión.
In his ruling, Díaz also rejected five petitions for nullities and motions for dismissal by the defendants’ defense attorneys.
The judge also said two of the accused would stand trial to face additional charges. Neurosurgeon Leopoldo Luque faces a charge of using a false private document and psychiatrist Agustina Cosachov faces a charge of ideological falsity, as she is accused of having signed a certificate vouching for Maradona’s mental fitness without visiting him, according to court documents seen by CNN.
Luque’s lawyer told CNN Español that he rejects the charges brought against him and will appeal the court’s ruling.
CNN has reached out to Cosachov’s lawyer but did not receive an immediate reply. En diciembre 2020, Cosachov’s lawyer told CNN that his client “had used her best judgment from a medical point of view.”