Notebooks: the Cassation left Cristina Kirchner’s preventive detention without effect


The Federal Criminal Cassation Chamber considered that In the absence of procedural risks – that is, a danger of leakage or obstruction of the investigation – the arrest warrant must be void. that Judge Claudio Bonadio dictated against Cristina Kirchner in the case of notebooks, which never became effective because the vice president has privileges. On Cristina there were two other orders of pretrial detention in files that were detached from the central investigation of notebooks, but both were subject to their fate in the main case, so They were also without effect.

“There is not even the slightest possibility that Cristina Fernandez de Kirchner will subtract from the actions of justice, not only because she is the best known political figure in the country, but also because All its movements are permanently monitored by the Executive Branch and different security forces., who know where he is and who he meets with, “defense attorney Carlos Beraldi had argued, asking that the rest of the judicial process the vice president go through in full freedom.

This Monday, unanimously, the judges of Room I, Diego Barroetavena, Daniel Petrone and Ana Maria Figueroa They decided to accept that statement and to cease the preventive detention of Cristina Kirchner, issued by Judge Bonadio when she was prosecuted as head of an illegal association that was dedicated to the collection of bribes paid by contractors, according to the indictment.

Room I of the Maximum Criminal Court rejected any existence of risk of escape or hindering the cause which is already elevated to oral trial. This decision was given in the middle of a debate between two Chambers of the Cassation on which was the competent to intervene in everything related to the Cuadernos case.

In her vote, Judge Figueroa said that the preventive detention against Cristina Kirchner “has been dictated arbitrarily and in flagrant violation of the constitutional mandate, so it is necessary to dictate its nullity. “Likewise, he maintained that when the measure was confirmed by the Buenos Aires Federal Chamber, neither did the” foundation of the procedural risks invoked, nor of its entity ” .

Among other arguments that supported the vote of the judges, it was indicated that the preventive detention issued on Cristina “has been founded solely and in isolation, in the consideration of the legal qualification assigned to the facts that are imputed to her in these proceedings”, that is to say being head of an illicit association that was dedicated to the collection of bribes paid by state contractors, according to the prosecution.

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Under this same line, in addition to the qualification of the crime attributed to the vice president, the maid also considered that the request for detention was based not on real risk, but “on the criminal scale provided for such crimes and its character as a public official. “Noting together, that there were” arbitrariness “in the case and that the use of preventive prisons should not be allowed to be abused, violating constitutional and conventional norms that govern matter. “

Consequently, the annulment of Bonadios resolution dictating the preventive detention against Cristina Kirchner was declared “for not having carried out the procedure of lawlessness according to the constitutional text and for absence of legal requirements for its origin.” Thus, the Cassation ordered that the former President “free the present process followed against her.”

A point highlighted by the Petrone chambermaid was Cristinas behavior in the face of all the judicial processes she faces “over time, both in this process and in the others followed against her, in which she always remained entitled and has given compliance with all the obligations that were imposed on it, which allowed its advance to the oral instance in some, and even the beginning of the oral and public trial, “in relation to the case that investigated the direction of the public work in favor of Lazaro Baez .

With the measure of the Chamber of Cassation, the former President who knew how to have five requests for preventive prisons, he no longer has any restrictive measure of his freedom. Although there were two more requests for arrests in investigations related to the “mother cause” – the section that investigated bribes in turns to public works and rail transport subsidies – they were subject to what happened in the main section of the case, which is where the request for lawlessness and imprisonment was rendered void. Thus, the other preventives that Bonadio had dictated fell.

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Last December, the Federal Oral Court 8 (TOF 8) that is responsible for the cause by the signature of the Treaty of Understanding with Iran, left without effect the prison that Bonadio had also issued against the former president. He considered that there was no risk of escape due to his current position as Vice President of the Nation, added that the trial would not begin in the short term.

In the Cassation, they worried about stressing that this Tuesday’s resolution responds to the changes in the Criminal Procedure Code that limited preventive prisons, and that does not imply any modification in the accusations and considerations expressed in the file regarding the alleged responsibilities of the vice president.

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