2023-10-02 20:08:00
Florencia Kirchner was definitively disassociated from the Hotesur-Los Sauces case because the prosecutor before the Federal Court of Criminal Cassation, Mario Villar, decided not to appeal the dismissal decided by judges Daniel Petrone and Diego Barroetaveña. In this way, the daughter of Vice President Cristina Kirchner will not have to face any oral trial.
Villar had until this Tuesday at 9:30 to appeal the ruling of the judges of Chamber I of the Federal Chamber of Criminal Cassation, who maintained the dismissal of Florencia Kirchner and revoked that of the rest of the accused, including the former president. and Máximo Kirchner. In that sense, the vice president’s youngest daughter became the only one of all the defendants whom the highest criminal court separated from the alleged money laundering and gift scheme.
Hotesur and Memorandum: Cristina Kirchner requested the annulment of the Cassation rulings that sent her to trial
Regarding the resolution, Prosecutor Villar considered that the dismissal is “reasonable”, although he slipped that he would have preferred that this arise as a consequence of the oral trial to be held. However, her decision avoids the delays that the intervention of the Supreme Court would imply to resolve the discussion, since she is not one of the main defendants in the case.
The only way for the vice president’s youngest daughter to be linked to the investigation once more is for either the Cassation itself or the Supreme Court dictates the annulment of the ruling on Los Sauces and Hotesur, and orders a new resolution. Even so, the defenses might raise the situation of “res judicata” and fight to have their dismissal confirmed, given that no one objected to it.
Given the Cassation ruling, all parties have until tomorrow at 9:30 a.m. to appeal it. About, The defense of Cristina and Máximo Kirchner has already done so and requested the annulment of the file. On the other hand, since there were no plaintiffs, the only party authorized to analyze Florencia Kirchner’s situation was the Casación Villar prosecutor.
The Cassation arguments on the dismissal of Florencia Kirchner
As the waiters understood Daniel Petrone and Diego Barroetaveñaat the time of the incorporation of the investigated companies, the daughter of the former national president was younger. “At the time Florencia Kirchner entered the commercial company, it was already operational, with her mother Cristina Fernández de Kirchner and her older brother Máximo Kirchner, for eight years,” they maintained.
Florencia Kirchner was 12 years old when, according to the investigation, the alleged illicit acts began in 2003. In that sense, Judge Petrone stated: “The association of which Florencia Kirchner would have been a part would have been formed when she was was a girl and at the time of his admission – following the death of his father – the Objected operations attributed to that organization were already consolidated, with his mother and older brother playing predominant roles, in a context where the weight of family authority might not be indifferent to him.” .
The Court of Cassation ordered to reopen the Hotesur-Los Sauces case and try Cristina Kirchner
Likewise, the chambermaid also mentioned that Florencia Kirchner did not have public positions: “In addition to her early age; that it is not controversial alienation from holding public office and his prior training unrelated to business activitycircumstances to which the bonds of affection and trust at stake add upall of them evident objective data of his life history, so that the conditioning that the environment in which he lived his life of relationship meant to his personal autonomy appears in a certain way.
In turn, the chambermaid Barroetaveña pointed out: “The circumstances referred to, it should be emphasized, are projected only on Florencia Kirchner’s ability to act and, as objective data, are evident in themselves, without the need for any verification, therefore, As has been concluded in the vote that precedes me, we understand that those reasons have had such an impact on the accused that they have limited her autonomy so that, in the case, alternative behavior in accordance with the law is normatively unrequired.“.
Despite being dismissed, Chamber I of the Federal Chamber of Criminal Cassation decided maintain precautionary measures on your bank accountsin which they were found $4,664,000 in a safe deposit box at Banco Galicia, as well as 1,032,144.91 dollars and 53,280.24 pesos that he had in savings banks. In that sense, the Court explained that this money might be part of the laundering maneuver beyond the separation of the Kirchners’ youngest daughter.
“The early termination of the process of the named person does not entail the cessation of the embargoes decreed at the time of issuing his prosecution in cases CFP 11352/2014 and CFP 3732/2016, as well as those decreed on July 15, 2016 by the investigating judge in relation to the sums of money deposited in safe deposit boxes and accounts in pesos and dollars (cf. CFP file 11352/2014)”, they indicated.
Judge Figueroa’s document: a battle crossed by politics and the rulings once morest Cristina Kirchner
Florence’s defense argued that those assets were declared. However, the magistrates recalled that “the prosecutors stressed that it was irrelevant to their claim that the funds were duly declared, since The important thing to take into account was its origin“.
“Since that decision obeys exclusively to a cause of guilt that does not necessarily exclude the accusatory hypothesis regarding the origin of the funds that were found in the area of his custodywhich will be the subject of discussion in the debate that eventually takes place regarding the other people accused in the process,” they added.
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