{"id":261750,"date":"2022-12-09T09:38:45","date_gmt":"2022-12-09T14:38:45","guid":{"rendered":"https:\/\/oncubanews.com\/en\/?p=261750"},"modified":"2022-12-09T09:38:45","modified_gmt":"2022-12-09T14:38:45","slug":"five-key-questions-on-the-ruling-against-cristina-fernandez","status":"publish","type":"post","link":"https:\/\/oncubanews.com\/en\/world\/latin-america\/five-key-questions-on-the-ruling-against-cristina-fernandez\/","title":{"rendered":"Five key questions on the ruling against Cristina Fern\u00e1ndez"},"content":{"rendered":"

By Enrique Ludano<\/strong><\/p>\n

The vice president of Argentina, Cristina Fern\u00e1ndez de Kirchner, along with other officials and a businessman, <\/span>was sentenced<\/b><\/a> this Tuesday for corruption in the allocation of public works in the province of Santa Cruz during the period from 2003 to 2015.<\/span><\/p>\n

As vice president, Fern\u00e1ndez has a mandate until December 10, 2023, and therefore she has privileges that make her immune to a sentence that, in any case, to take effect must be confirmed by other judicial instances.<\/span><\/p>\n

This is a central political event in Argentina both because of the role of the main defendant and because of the use that the opposition and a large part of the media system have made of the case. These are the five questions to ask now:<\/span><\/p>\n

    \n
  1. What does the judgment say?<\/b><\/li>\n<\/ol>\n

    Federal Oral Court number 2 sentenced the vice president to 6 years in prison and perpetual disqualification from holding public office due to fraudulent administration to the detriment of the Public Administration.<\/span><\/p>\n

    Along with her, seven other defendants were sentenced, including former officials and L\u00e1zaro B\u00e1ez, the businessman who allegedly benefited from the commission of 51 public works. This is the so-called \u201c<\/span>Road Case<\/b><\/a>\u201c in which the government \u2014 of N\u00e9stor Kirchner first and of Cristina Kirchner later \u2014 is accused of having favored B\u00e1ez, an entrepreneur in highway and bridge construction projects, through budget laws and exceptional budget items. According to the advance of the arguments, \u201cpromiscuous and corrupt links between public administration officials (national and provincial) and the State contractor companies belonging to the aforementioned business group (Austral Construcciones)\u201d were proven.<\/span><\/p>\n

    \"\"<\/a>
    Cristina Fern\u00e1ndez greets at the exit of her house in Buenos Aires before learning the verdict on the case against her. Photo: EFE\/Enrique Garcia Medina.<\/figcaption><\/figure>\n
      \n
    1. How does the judicial process continue?<\/b><\/li>\n<\/ol>\n

      Fern\u00e1ndez and the rest of the sentenced can appeal to the higher instance, an appeal that can then be submitted to the Supreme Court of the Nation. Until then, the vice president will not go to prison because the sentence will not be unappealable. The appeals process can take several years.<\/span><\/p>\n

      As long as there is no unappealable judgment, the sentence will not be executed and this also applies to the confiscation of 84 billion Argentine pesos that the judges set among the convicted. On March 9, the Court will announce the arguments for the sentence that was known this Tuesday. Thereafter the parties may appeal. Cristina Fern\u00e1ndez\u2019s defense will do it.<\/span><\/p>\n

      For their part, prosecutors Diego Luciani and Sergio Mola announced that, in turn, they will also appeal. The sentence has not been strict enough according to them. They are going to insist on the figure of \u201cillicit association\u201d, dismissed by the jury and that would increase the sentence.<\/span><\/p>\n

        \n
      1. What can happen with the verdict?<\/b><\/li>\n<\/ol>\n

        Although the sentence implies that Cristina Fern\u00e1ndez will not be able to hold elective public office, since it is an unappealable judgement (that is, since there are still appeals instances), Cristina could stand for the 2023 presidential elections. However, in a statement broadcast live after the verdict was announced, the vice president announced that she would not run for any position (\u201cneither for president nor for senator or deputy\u201d) in an attempt to challenge those who, according to her, seek to \u201coutlaw\u201d her. CFK points to certain businessmen (especially the CEO of Grupo Clar\u00edn, Hector Magnetto) linked to the political opposition (especially former President Mauricio Macri) and the federal judicial corporation.<\/span><\/p>\n

        The ruling of the Federal Oral Court was experienced as a true political event by both the opposition and by supporters of Fern\u00e1ndez (twice president).<\/span><\/p>\n

        The buildings of the national judiciary were surrounded by thousands of Kirchner protesters. The center of Buenos Aires was occupied with large mobilizations in a context of confrontation and questioning of the service of justice in Argentina. The movement was increased by the revelation, days ago, that a group of judges, prosecutors and opposition officials were invited by the largest newspaper in the country (<\/span>Clar\u00edn<\/span><\/i>) to vacation at the mansion of magnate Joe Lewis in Patagonia.<\/span><\/p>\n

        All in all, Fern\u00e1ndez de Kirchner\u2019s announcement to abstain from the upcoming elections caused great confusion among Peronist militants and a feeling of emptiness: the government of Alberto Fern\u00e1ndez is increasingly lacking in popular support and no strong leadership comparable to Cristina\u2019s is looming in the movement.<\/span><\/p>\n

        \n

        \u00bfLawfare? \u00bfPartido judicial? Mafia y Estado paralelo. https:\/\/t.co\/5jDZk9oZJh<\/a><\/p>\n

        — Cristina Kirchner (@CFKArgentina) December 6, 2022<\/a><\/p><\/blockquote>\n