Updated 10/30/2020 18:07
Despite the scandal that Norberto Oyarbide caused eleven years ago when in record time - and taking as input the report of the Kirchner family's own accountant - he closed the investigation for illicit enrichment on Néstor and Cristina, and the reflection of that controversy in 2018, when Oyarbide admitted pressure to sign that ruling and the accountant Manzanares confessed how he arranged with the former SIDE and the same judge a drawing to try to justify the assets of the marriage, now Judge María Eugenia Capuchetti decided not to reopen that case.
Based on "the recent presentations made by the Financial Investigation Unit (UIF) and the Public Prosecutor's Office in which they affirm that
there are no elements that allow shaking the solid bases on which res judicata
of that resolution is based," he explains Capuchetti in his sentence, "there is no momentum that allows the resurgence of criminal action as originally required."
"In addition, it has been established that she is being tried in other processes in which she is accused -among other issues- of alleged undue profits from May 8, 2003 to December 14, 2015, that is, a temporary period that clearly encompasses what is denounced here, "Oyarbide's successor is justified in the Buenos Aires federal court.
"The fight against the various types of criminality should not occur by sacrificing basic legal principles; even in cases like the present one, where
sectors of public opinion try to persuade the courts
to direct their decisions in a certain sense without taking carry out a critical legal analysis of the case or, even, leaving procedural situations unfinished for long periods of time to the detriment of the accused ", continues the decision of the magistrate, who refused to annul the ruling of her predecessor under the concept of" res judicata fraudulent "or" irrita ".
"In the healthy fight against corruption and the desirable prosecution of crimes against the public administration, it is not admissible for those principles to be perverted, diverting them into a resource that is harmful to democracy, by subjecting politically active persons to an indefinite procedural situation, with the result of excluding them from the democratic political struggle "continues Capuchetti in another section, with a curious nod to the K's excuse for lawfare.
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