Maximo and Florencia Kirchner They face a court decision that could change their fortunes forever. The Federal Chamber of Cassation You should check whether the admission is confirmed 19 goods on behalf of the children of Cristina Fernández de Kirchner as part of the seizure ordered after the former president’s conviction in the Roads case.
The trial reached the highest federal criminal court after the Federal Court of Appeal 2 accepted the appeals filed by the defense. The same court had sentenced CFK six years in prison for fraudulent administration and now you have to execute this sentence.
The TOF2 judges were clear about their position. They consider that the amount of confiscation established in the judgment is final and is in the full enforcement phase. The updated number reached 684 billion pesosa sum that reflects the economic magnitude of the case.
However, they allowed appeals against the cassation to decide specifically on the 19 assets of Máximo and Florencia. This decision is being strongly questioned by both the defense Cristina Kirchner as well as the legal representative of his two children They were not directly involved. in the Roads case.
Cristina Kirchner’s request to the judiciary
Hall IV of the court, consisting of judges Mariano Borinsky, Gustavo Hornos and Diego BarroetaveñaAnother relevant file has been on his desk since last week. This is the objection to the new restrictions Visit regime of the former president.
Now they must analyze a case that raises profound questions about the limits of confiscation and the property rights of third parties who were not involved in the original crime.
CFRP defender, Carlos Beraldi and Ary Llernovoypresented powerful arguments against the decision of November 18th. They claim that the TOF2 decision on the 19 properties “There was a contradiction” on previous decisions of both the Court of Justice and the Federal Criminal Court itself.
Furthermore, they denounce “the submission to what is established by law” in the Inter-American Convention against Corruption and Article 31 of the United Nations Convention against Corruption. These international treaties set precise limits on the extent of confiscations.
On his part Luis GoldinRepresentatives of Máximo and Florencia Kirchner, took an even more direct approach. He claimed “Arbitrariness and violation of property rights”and violation of the principles of innocence and due process.
Goldin argued that the court misapplied the confiscation rule. In their opinion, it was incorrectly extended legitimate assets of third partieswithout regard to its successor nature and without proving any connection with the crime under investigation.
A worrying precedent, according to the defense
The court decision enabled what the defense described as a “broad collection model” and a “conversion for equivalent value”, which would not be provided for in current legislation. The criticism suggests that it was a projection “the sanction against assets of lawful origin that have nothing to do with the fact indicted”.
According to the filing, these assets were acquired by Regularly accredited succession and transfer lawyers. The TOF2 resolution signed by judges Rodrigo Giménez Uriburu, Jorge Gorini and Andrés Basso summarized all these questions and upheld the cassation appeals.
The legal strategy is clear: the former president and her children demanded that Cassation exempt Máximo and Florencia’s assets from confiscation. Otherwise, they have already anticipated their intention to achieve it Supreme Court and also go to international organizations.
The disputed properties
He last November 18th marked a milestone in the execution of the judgment. The court ordered the confiscation of the assets of Lázaro Báez and Cristina Kirchner, who were sentenced to six years in prison. These also included companies from the very beginning: Austral Construcciones SA, Kank y Costilla SA, Loscalzo y Del Curto SRL.
The decision was based on a request from the Federal Prosecutor’s Office Diego Luciani and Sergio Mola. The confiscated assets included the strategically located properties transferred to Máximo and Florencia Kirchner Rio Gallegos and El Calafate.
The court found that everything was completed “after assessment” to meet the subsequent confiscation penalty $684,990,350,139.86. If these assets are not enough, progress will be made on the properties of the remaining convicts: Nelson Periotti, José López, Mauricio Collareda, Raúl Pavesi and Raúl Daruich.
The former head of National roads, Periottiand the organization in Santa Cruz, Pavesi, also appealed this decision to the Court of Cassation. The case is therefore expanded to include several appeal options.
The public prosecutor’s office had, among other things, identified real estate purchased by the convicts May 2003 and December 2015. This period was found by the court to be relevant to the criminal maneuver investigated in the Roads case.
The resolution also ordered that the assets be registered in the commercial register General database of confiscated and/or confiscated assets. This register ensures government control over the assets in question while pending appeals are adjudicated.
Now Maximo and Florencia Kirchner They expect Casación to define the fate of its 19 properties in a decision that could set a precedent for the limits of confiscation in corruption cases and the scope of sanctions against third parties not involved in the crimes.
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