The oral court number 2 will announce next Thursday the grounds for sentenced Cristina Fernández de Kirchner to six years in prison and perpetual disqualification to hold public office for fraudulent administration to the detriment of the State for the award of 51 road works to the businessman Lázaro Báez in the province of Santa Cruz.
In order for said sentence ordered by judges Andrés Basso, Jorge Gorini and Rodrigo Giménez Uriburu to be executed, it must first be reviewed by two higher instances: the Chamber of Cassation and the Supreme Court, which does not have deadlines to define.
The presentation of the so-called “recitals” by the TOF 2 opens a new stage of the process. Strictly speaking, and as established in the Code of Criminal Procedure, during the following ten business days of its publication, both the prosecution and the defenses will have the opportunity to base their oppositions of the convictions and acquittals through the filing of a “recurso de cassation”. This 10-day period may be extendable.
For the penalty to be executed, it must first be reviewed by Cassation and the Supreme Court
From there, the court has three days to decide whether to grant said appeal. If accepted, the file is submitted to the Federal Chamber of Cassation and the parties have another three days to maintain said appeal and another ten so that defenses and the prosecution can review the case. Making an account of the entire time of compliance with the deadlines, the intervention of the country’s highest criminal court would begin around mid-April.
With this context, the first of the parties that advanced will appeal the ruling was the Public Ministry. Prosecutor Diego Luciani will insist on two key points that were discarded in the verdict. The first, the illicit association of which he maintains that the vice president was the boss and the second Julio De Vidowhose role as Planning Minister was fundamental and who was acquitted.
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Although the decision of the judges to convict for fraudulent administration was unanimous, that of the illicit association figure was divided. On the one hand, magistrates Gorini and Giménez Uriburu argued that “the typical objective requirement linked to the plurality of criminal plans is not configured”; Basso raised the existence of elements to accuse not only Cristina but also Lázaro Báez, José López and Nelson Periotti for the crime of illicit association.
Another aspect that is not ruled out, that some defenses argue when appealing, has to do with the Cassation decision in the case known as “Money Route”. In it, room IV, by majority, with votes from the chambermaids Mariano Borinsky and Ángela Ledesma, concluded that the crime preceding the laundering of 55 million dollars by Báez (convicted in the Vialidad trial) had nothing to do with the money he received for public works. Judge Javier Carbajo held the opposite.
Regarding the review of the judgment of the vice president and of the eight convicted, as well as the acquittals of De Vido, Abel Fatala, Héctor Garro and Carlos Kirchner, it will be the members of Chamber I (Ana María Figueroa, Daniel Petrone and Diego Barroetaveña) who endorse or reject what was dictated by the Oral Court Number 2, the same magistrates who have in their hands the determination to revoke or not the dismissal of Cristina in Hotesur-Los Sauces and Memorandum with Iran, and to order the trials of both cases.
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