In April 2025, Chamber II of the Court confirmed that eight-year sentence. The defense appealed the decision, and a complaint is currently pending before the Supreme Court of Justice.
Silvina Luna hospitalized
Last August, the representative of the Public Prosecutor's Office requested that preventive detention be ordered in this case to ensure the future execution of the sentence. He also noted that Lotocki failed to comply on three occasions with the judicial obligation to report any absence from his residence exceeding 24 hours and that he moved to a residence outside the jurisdiction without authorization.
The Oral Criminal and Correctional Court No. 28 ordered the detention of doctor Aníbal Lotocki on Tuesday as part of the case in which he was sentenced to eight years in prison. The case involves victims Silvina Luna, Stefanía Xipolitakis, Pamela Sosa, and Gabriela Trenchi, and accuses him of fraud and causing serious injuries.
The measure was taken at the request of the Attorney General Sandro Abraldes, who intervened during the trial. Judge Jorge Romeo justified the decision by stating that if the professional regained his freedom, he could evade justice in light of the prospect of serving a significant prison sentence.
Lotocki is currently in preventive detention in another case, where he is being tried for the homicide of a patient that occurred in April 2021. Attorney Abraldes emphasized that his presumption of innocence is severely weakened and that the expectation of punishment is no longer a hypothesis, but an imminent and quantified certainty.
In February 2022, the doctor received an initial sentence of four years. The then-member of the court Carlos Rengel Mirat considered it proven that Lotocki performed surgical interventions on the four patients and placed a filler product containing polymethylmethacrylate microspheres in inappropriate areas and amounts.
The increase in the sentence and the risk of flight
This substance caused granulomas and injuries. The criminal reproach focused on the fact that the professional intentionally concealed information that he was obligated to provide about the possible effects and the more serious consequences that could arise.
Following the appeals filed by the prosecution and the plaintiffs, Chamber III of the Court of Cassation raised the sentence from four to eight years by incorporating the crime of fraud. It also increased the disqualification period for practicing medicine from five to ten years.
The judge's arguments for preventive detention
The magistrate shared the prosecution's arguments regarding the inversely proportional relationship between the presumption of innocence and the risk of flight. He considered that since the last resolution that rejected a similar request, the possibility of the accused fleeing has intensified.
He recalled that the doctor also faces a trial before the Oral Criminal and Correctional Court No. 17 for the homicide of a patient and for injuries to five other women. These previous cases, according to the judge, create greater uncertainty: in the event of regaining freedom due to a possible acquittal, he could attempt to flee.
Romeo stated that the multiplicity of processes and the recurrence of criminal behavior justify preventive detention to ensure his compliance with the process. He added that keeping him free at this stage would undermine the guarantees of the victims and the principle of progressiveness and effectiveness of judicial protection.
The judge clarified that the imposition of preventive detention does not imply an aggravation of the situation of deprivation of liberty, as Lotocki is already detained at the disposal of another court.
