The Federal Court of Criminal Appeals stated that the argument on which the magistrate was sought to be removed from the case “is based on issues unrelated to the facts of this process.”
The Federal Court of Criminal Appeals decided to reject this Tuesday the Cristina Kirchner’s request to remove the judge Gustavo Hornoswithin the framework of the case that will decide whether to confirm, revoke or aggravate the sentence against the former president for crimes committed with public works in Santa Cruz during her government.
This recusal was presented on September 6 by Kirchner’s defense, led by the lawyer Carlos Beraldiand it was rejected during the day by the magistrates of the IV chamber Mariano Borinsky and Diego BarroetaveñaAccording to the aforementioned, the argument on which the magistrate was sought to be removed from the case “is based on issues unrelated to the facts of this process.”
The resolution indicates that in the case “it has not been demonstrated, nor is it observed” that any of the grounds for recusal occur “due to subjective bias” provided for in the law “nor a supposed lack of objective impartiality on the part of the recused judge regarding the facts that make up this case”.
The case returns to deliberation
After rejecting the challenge, The court ordered that the case be returned to deliberationthat is, to be analyzed by these three judges who are close to issuing a sentence after having heard all parties in hearings held last May.
The former president She is sentenced to 6 years in prison for the crime of defrauding the State as a result of the direction of public road works in Santa Cruz in favor of the also convicted businessman Lázaro Báez during his government.
This verdict of the Federal Oral Court 2 was appealed by all parties; the prosecution claimed that She is also convicted and her sentence is increased for the crime of “criminal association” and the defense is calling for her acquittal.
Source: Ambito
