With the presentation of the Federal Oral Tribunal 2 of the bases of the sentences – including the vice-president Cristina Kirchner– and the acquittals of the public works case begin to count the term of 10 working days so that the parties can appeal it and that it be examined by the Federal Chamber of Criminal Cassation. federal prosecutor Diego Luciani He has already planned that he will.
“For us the illicit association is proven. And we will appeal. We want to overturn this view that has taken hold in the courts that unlawful association does not apply to corruption cases,” he said. GlobeLiveMedia Luciano last year. It was after the verdict was known that the majority of the TOF 2 judges ruled out that there was any unlawful association in the case.
But the prosecution will also appeal the four acquittals, including that of the former Minister of the Federal Plan Julio de Vido. “How is it that Cristina Kirchner is part of it and that José López, Secretary of Public Works, is part of it and that De Vido is not there when the Court understands that there has been a colossal maneuver? In our claim, we have shown that there is a verticality here when it comes to favoring Lázaro Báez,” Luciani said.
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The prosecutor, accompanied by his colleague Sergio Mola, they had asked in their writings for the conviction of the 13 defendants. They understood that in this case the offenses of fraudulent administration to the detriment of the public administration and illicit association were committed. They had demanded a 12-year prison sentence for the vice president. The defenses had demanded their acquittals.
The judges Jorge Gorini, Rodrigo Gimenez Uriburu and Andres Basso Cristina Kirchner was sentenced to six years in prison and a life ban from holding public office for fraudulent administration. And by a majority – with the votes of Giménez Uriburu and Gorini – they ruled out that the illegal association had been committed. Basso understood that yes.
After the reasons, the appeal phase opens. All parties will have 10 business days to do so. Due to the length of the pleadings, it is possible that one or more of them will ask for more time, which the court will surely grant.
Initially, the case will be brought before Chamber IV of the Federal Chamber of Criminal Cassation. The judges will intervene to examine the case. Mariano Borisnky, Gustavo Hornos and Javier Carbajo. When the court receives the case, it calls the parties to a hearing to hear their arguments on the appeals. Then it will be able to solve. It is expected that Casación will complete the whole process this year, namely the presidential election.
What the cassation resolves can be the subject of an appeal before the Supreme Court of Justice of the Nation, the last instance of all legal proceedings.
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Not only the prosecutor’s office will appeal. The same will apply to the defenses of the convicted defendants who seek their acquittal. Alberto BeraldiCristina Kirchner’s lawyer, has already announced that he would also bring the case to cassation.
“Cristina Kirchner never gave an order for the works. It is impossible for the President to have control over the hundreds and thousands of jobs that are tendered, executed, paid and controlled. There is no evidence to the contrary,” said the lawyer among other arguments to demand the acquittal of the vice-president.
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