Cristina Kirchner requested that her children’s assets be exempt from confiscation in the Roads case

The dispute over the Kirchner family’s assets reached a decisive phase. The Federal Criminal Court must decide whether the confiscation order is confirmed or revoked 19 assets of the children of Cristina Kirchner, which are currently listed in the name of Maximum and Florencia Kirchner, but this judge intends to execute as part of the sentence against his mother Road cause. The Federal Oral Court 2 (TOF2), which sentenced the former president to six years in prison for fraudulent administration, upheld the appeals and submitted the file to the Supreme Criminal Court for analysis.

In their decision, the judges at the hearing confirmed that the amount of damage to the state had almost updated to the enormous figure 684,000 million pesosis fixed and in the complete execution phase. However, they accepted that a higher authority should review the legality of further action. about the assets of children of the former president, the They were not charged in the public works file, but they got those properties through Tasks and successors.

The legal offensive to stop the auction is twofold. On the one hand, Cristina’s defense, led by Carlos Beraldi and Ary Llernovoyargued that the measure adopted on November 18 implied a contradiction to previous rulings and an “exceedance” of what was established therein Inter-American Convention against Corruption. They claim that it is a sanctions model that goes beyond the legal framework and affects assets they are no longer among the condemnedViolation of international treaties.

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On his part Luis Goldinlegal representative of Máximo and Florencia, claimed the unconstitutionality of the measure “Arbitrariness and violation of property rights.” Their position is that the court “unreasonably extends the confiscation regime to assets of legal origin and to assets of third parties unrelated to the crime.” Violation of the principles of innocence and due process.

The oral court recognized that the legal debate revolves around the application of a “broad collection model” and for “equivalent value”. The judges Rodrigo Giménez Uriburu, Jorge Gorini and Andrés Basso They allowed the appeals when they understood that “it is legitimate to ask whether the sanction can be applied to assets that, although temporarily linked to the maneuver under investigation, but which today belong to persons who were not involved in the process and who regularly hold recognized transfer titles.”

Now the definition was in the hands of the Chamber IV of the Chamber of Cassationconsisting of Mariano Borinsky, Gustavo Hornos and Diego Barroetaveñathe same judges who are already analyzing the restrictions on the former president’s visitation regime. While the underlying issue is being clarified, the defense defendants have already anticipated that they will assert the claim in the event of a setback in this case Supreme Court and even before international organizations to prevent the state from actually taking possession of the properties.

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The goal: recover 684 billion pesos

The original confiscation decision aims to recover the assets necessary for this cover economic damage They claim that the corruption arose from corruption in public works in Santa Cruz. In addition to the Kirchner family’s properties, the measure also affects the entrepreneur’s assets. Lazaro Baez and their signatures Austral Construcciones, Kank y Costilla, And Loscalzo and Del Curtoafter an express request from federal prosecutors Diego Luciani and Sergio Mola to ensure collection.

The disputed properties are properties in a strategically favorable location Rio Gallegos and El Calafate. The justice system decided that everything had to be executed “after assessment” to cover the updated total of $684,990,350,139. The verdict establishes an order: If the main convict’s assets are not sufficient to pay the debts, Progress is being made regarding the assets of the other convictsuch as former Public Works Minister José López and former Roads Director Nelson Periotti.

For the researchers, the key is that the properties were acquired within the period examined May 2003 and December 2015. While the appeals are being decided, the resolution orders that the assets be registered in the commercial register as a precautionary measure General database of confiscated and confiscated assets, Final execution is on hold pending a final decision.

CT/ML