The Federal Criminal Appeals Court is expected to decide after the judicial recess whether to increase the six-year prison sentence against former President Cristina Kirchner in the Vialidad case. Rumors suggest that one of the three judges will vote to extend the sentence and add the charge of illicit association, while the votes of the other judges remain uncertain.
On December 6, 2022, judges Jorge Gorini, Andrés Basso, and Rodrigo Giménez Uriburu sentenced the former president to six years in prison for defrauding the state. Gorini and Giménez Uriburu voted to convict her for public administration fraud, while Basso, in the minority, sought to add the charge of illicit association, a move originally requested by trial prosecutor Diego Luciani.
The Vialidad case: The prosecutor has asked to double Cristina Kirchner’s sentence to 12 years in prison.
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The initial ruling has been sent to the Appeals Court for review. Judges Gustavo Hornos, Mariano Borinsky, and Diego Barroetaveña preside over this review. Six hearings took place between February and May of this year, involving prosecutor Mario Villar and the defense attorneys of both convicted and acquitted individuals.
During these sessions, prosecutor Villar argued for raising the sentence to twelve years and convicting the former president as the head of an illicit association for 51 irregular contracts. Alternatively, he proposed treating each contract as a separate fraud case, increasing the penalty accordingly. He also requested her permanent disqualification from holding public office. Prosecutor Villar reiterated the charges of illicit association initially proposed by prosecutor Luciani.
“What message are we sending to civil servants? If they commit multiple crimes while in office, they are considered as one single offense? What example are we setting?” said prosecutor Villar, criticizing the penal scale used by the oral tribunal for the sentencing.
Villar sought to convict Cristina Kirchner as the leader of an illicit association and designated former Public Works Secretary José López, former Federal Planning Minister Julio De Vido, former National Highway Administration Chief Nelson Periotti, and businessman Lázaro Báez as organizers. He also called for the sentencing of other officials, including Abel Fatala, Héctor Garro, and Carlos Santiago Kirchner.
In response, Cristina Kirchner’s attorney, Alberto Beraldi, demanded her acquittal, alongside the defense arguments from representatives for De Vido, Periotti, Fatala, José López, and Carlos Kirchner.
There is speculation outside the court that Judge Gustavo Hornos has voted for a harsher sentence and extended the charges against Cristina Kirchner. The Court of Appeals will determine whether to uphold the initial ruling, overturn it, or modify the penalties. Although their 20-day deadline has passed, they will return to work on July 29 after the winter recess to issue a decision.
La Nación reported that Judge Hornos has possibly drafted his vote, but the content remains undisclosed. Based on his history of strict rulings against Kirchnerism, there is speculation that he may favor increasing the sentence and charges. Judges Borinsky and Barroetaveña have yet to cast their votes.
Borinsky hopes to become the Attorney General, a position requiring support from the Senate and potential backing from Kirchnerism. Barroetaveña, recently involved in the controversial “notebook bribery” case, avoided taking Mauricio Macri’s cousin to trial, justifying his actions as electoral contributions rather than bribes.
Currently, the sentence against the former president is not final, so she remains free. If the Appeals Court and the Supreme Court uphold the ruling, she could be arrested. Despite lacking immunity from arrest, her age of over 70 years could allow her to request house arrest.
MB / ED
