Vice President of the Nation, Christina Kirchner, the Federal Court of Criminal Cassation overturned their dismissals, ordered oral hearings in the “Los Chas-Hottesur” cases and declared the signing of the Memorandum of Understanding with Iran invalid. The former president’s defense raised other arguments that the resolutions were issued without the judge’s intervention. Ana Maria FigueroaWithout a new deal from the Senate obtained last week, it was dismissed by the country’s Supreme Court for reaching the age of 75 – the maximum age established by the national constitution.
“To this end, the sentencing chamber was improperly constituted by two judges, the third judge (Ana María Figueroa) excluded from the judgment of the case by the decision of the Supreme Court of the Nation. Similar precedents were not recorded, which is contrary to the practice followed with regard to other magistrates in Judge Figueroa’s situation,” they admitted in their appeals. . Infobay Advocates of the Vice President, Alberto Peraldi and Ari Lernovai.
On September 18, Chamber I of Cassation annulled the dismissal of the accused in two files in the case of Christina Kirchner and her son Máximo Kirchner, Maximo Kirchner, and ordered judgments. There was an exception Florence Kitchener To whom the court affirmed that the case was severed. The judges signed the verdicts Diego Barotavena and Daniel Petron. Until a few days ago, the room was composed of Figueroa, but he did not sign because he was no longer a judge.
Figueroa turns 75 on August 9. This is the maximum age set by the national constitution to hold office unless the Senate grants a new contract for five years. That process was underway in the upper house but was not approved. Therefore, the judge announced that he was still in office for the decision – as had happened with other judges – but that he would not be signing judgments or resolutions. But the court removed him from office. The Senate deal was approved last week, and Figueroa is already out without justice. The situation raises the question of how the unprecedented case, which maintains the fight between Kirchnerism and the Supreme Court, will be resolved.
Figueroa’s absence from the ruling was one of the defenses’ arguments in their appeals for the cases to reach the Supreme Court. The defense described each decision as “arbitrary” because it did not explain “the reasons why the Federal Chamber of Criminal Cassation Chamber I imposed the sentence with only the votes of two magistrates”.
Christina Kirchner’s attorneys approved the law “The Federal Chamber of Criminal Cassation is enabled to issue its judgments by the simultaneous voting of its two judges” But they said the provision was of “dubious constitutionality” and “does not give magistrates the discretionary prerogative to limit the scope of the debate and to exclude a third juror from the debate in accordance with the statute and the regulations issued as a result.” , and “You must discuss and exchange ideas with your peers, and then make a judgment call.”
“As the court was not constituted under the existing provisions of the Act, the impugned resolution is void.“, they noted.
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