El fiscal Mario Villar ha presentado un pedido ante la Corte Suprema para que se aumente la condena de la ex presidenta argentina, Cristina Fernández de Kirchner, a 12 años de prisión e inhabilitación perpetua para ejercer cargos públicos. La solicitud se basa en acusaciones de defraudación al Estado y asociación ilícita. Este caso aún debe pasar por varias etapas legales antes de llegar a una resolución final.
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00:00Urgent in A24, bad news for Cristina Fernández.
00:03Yes, the prosecutor Mario Villar, the prosecutor of the House of Appeals,
00:06appealed, presented a request to the Supreme Court,
00:09appealed to the Supreme Court, asking that Cristina's sentence be lifted
00:12to 12 years in prison and perpetual disqualification
00:16to exercise public office, taking into account
00:19that what she is being accused of is the crime of defrauding the state.
00:23How does this come about?
00:24Let's remember the famous double conformity that we are talking about every day.
00:29In other words, the House of Appeals confirmed the sentence
00:32of first instance to six years in prison for Cristina Fernández de Kirchner,
00:36and then there were other sentences, 13 sentences,
00:38for those involved in the case of violence.
00:42Mario Villar, the prosecutor, appeals to this decision
00:46and has no choice but to go directly to the court.
00:50Why can he go to the court and ask for the imprisonment in this case?
00:54Because what comes in this request is a matter of criteria.
00:59You could say, the court cannot carry out new trials.
01:01The trial, in terms of what was decided, what happened is already there.
01:05What comes in this appeal is the criterion of illicit association.
01:09The famous issue of whether or not illicit association is applied to a government
01:14or to the acts that a government generates.
01:16Probably one of the most difficult crimes to prove,
01:18not only for a government, doubly difficult,
01:20but even for private individuals.
01:22It is this thing of the association of two or more people with an intention of being illicit.
01:28Doctrinally, you know this very well,
01:31the explanation of this is that for an illicit association to be set up,
01:36there has to be a group of people who generate, who create,
01:39I'm going to say it as simple as possible, a society to commit crimes.
01:42A government is not created to commit crimes.
01:44That after they commit a crime, it is something else.
01:46Look, I want to add, it is a great pleasure,
01:48a great professional, who is Martin Angulo, who has more information.
01:51Good morning, 24. Martin, how are you?
01:53Hello Luis, how are you? Good morning.
01:55Good. Let's expand this, which was anticipated by Professor Rabanal, please.
01:59Yes, as pointed out,
02:03Prosecutor Mario Villar appealed for the failure of the case,
02:06and what he is asking is that this case be reviewed by the Supreme Court.
02:13And specifically, what the prosecutor is asking the court is that
02:17that sentence of six years in prison,
02:19perpetual disqualification that Cristina has,
02:22be extended to 12 years in prison.
02:24Why? Because the prosecutor is asking
02:27that the crime of illicit association be added to the sentence.
02:30A crime for which Cristina Kirchner,
02:33both in the oral tribunal and at the trial, was acquitted.
02:37I'll add something to you.
02:38Not only will the court receive the prosecutor's request,
02:42but what will be Cristina Kirchner's appeal will also arrive.
02:46Because just as the prosecutor can appeal
02:48that Cristina Kirchner was not convicted of illicit association,
02:52the defense of the ex-president will appeal the sentence.
02:56Cristina will ask the court to absolve her of all the crimes,
03:01which is what she also raised in the trial and in the House of Appeals.
03:05Therefore, the court will have to resolve this case.
03:12It is also obvious, but I think it is important to emphasize it.
03:17After what the court says, no one else will talk on this issue.
03:21The court is the last resort.
03:23What the Supreme Court resolves is what will end up closing the case.
03:30It may be the sentence as it is of Cristina Kirchner,
03:34a conviction for illicit association or absolution.
03:37If Cristina Kirchner is convicted, Luis, you know it very well,
03:41the sentence has to begin to be fulfilled.
03:44This means that Cristina Kirchner will have to be arrested
03:48because the six-year prison sentence is effective,
03:52then it will be discussed whether it is in a prison,
03:54whether it is in a home prison for her age,
03:58and, if you want, in political terms,
04:00that she will never be able to exercise a public office.
04:04There is no expectation that the court will resolve this year.
04:11Let's bear in mind that justice in general and the court in particular
04:16do not have deadlines.
04:18The deadlines are purely computer-generated.
04:20But there is something that the judges, I quote dear prosecutor Federico Delgado,
04:26who said,
04:27justice has clearer electoral calendars than politicians themselves.
04:31I do not see in any way, as you say, that it will resolve,
04:35except with the presentation of the son's office
04:39so that he becomes Minister of the Supreme Court
04:41and the threat of the decree for García Mancilla.
04:44The truth is that it is a strong legal blow for Cristina.
04:48Defect, it seems to me, not practical immediately, right?
04:51Absolutely, because, in addition,
04:54we are telling you that this is going to court.
04:56This is not going to court now.
04:59All appeals have to be submitted,
05:01the parties have to answer the other.
05:03After the case, decide whether this goes to court or not,
05:07that it reaches the court, that the file is made,
05:09that the prosecutor in front of the court,
05:12who is the Attorney General, gives an opinion on all this,
05:14and then resolve.
05:15I give you, if you want, two data to have a mirror.
05:21Carlos Menem had several, to name another ex-president,
05:25with convictions in court.
05:27Carlos Menem died without the court resolving his convictions.
05:30The cause of the overpayments,
05:31the court took six years to resolve it.
05:34And Cristina Kirchner had other presentations in court,
05:38of course not by conviction, this is the first to arrive,
05:41but in other presentations of the cause of viability,
05:44the court took four years to resolve it.
05:48Therefore, this can even take longer than this election year.
05:52Totally.
05:53Anything else, sir, you want to add, Martin?
05:56We are waiting for Cristina Kirchner's appeal,
05:58we are waiting for the appeal of the rest of the parties,
06:02because she can also appeal Lazaro Baez, who was convicted,
06:05she can appeal José López, who was convicted,
06:07obviously they will do it,
06:09and with that, at some point, the file will reach the court.
06:12Good. And in 3, 2, 1, I think, Martin, Professor,
06:16if a Chemi-Ley comes, or a Prosecutor, or a...
06:19Yes, of course, this is the food of the campaign.
06:22Sure, totally.
06:24Well, visit us, Mr. Angulo, when you want,
06:26it will be a pleasure, very well received here.
06:29I will be there when you invite me.