Daniel Santoro
02/25/2021 11:39 PM
Clarín.com
Politics
Updated 02/25/2021 11:39 PM
Despite being sentenced to 12 years in prison on the Ruta del Dinero K, Kirchner businessman Lázaro Báez (64 years old)
will not return to Ezeiza prison
- at least -
within the next year and a half
.
However, he faces
a future judicial scenario that could leave him detained for life.
During this appeal process, he
will continue with house arrest with the electronic anklet in a house located in a closed neighborhood of the Buenos Aires suburbs
whose address is kept secret to avoid scandals.
It is because the prosecutor's trial.
Abel Córdoba, accepted last year the modality of house arrest after Báez spent four years in preventive detention ordered first by federal judge Sebastián Casanello and then maintained by the Federal Oral Court 4 (TOF 4).
And complaints such as the UIF, handled by the Government, would
not harm a partner of Cristina Kirchner.
The defense of Báez, led by Dr. Elizabeth Gasaro, will appeal the sentence to the Federal Criminal Cassation Chamber
ten business days after April 26,
when the grounds for the harsh sentence of the TOF 4 are known.
On average, that criminal court takes
"between a year and a year and a half"
to review convictions for complex cases like these, estimated a criminal lawyer who litigates in that instance.
In the event that Cassation confirms the conviction or perhaps reduces it - it is very difficult to annul it due to the forcefulness of the evidence in the case -
Báez may go with an extraordinary appeal to the Supreme Court of Justice.
The validity of 6 new articles of the Criminal Procedure Code, promoted a few weeks ago by Senators K, will allow him to claim that his sentence
is not final in the event that Cassation confirms it, as was the practice until now.
You can even use the argument that you can go to the Inter-American Court of Human Rights, interpreting that it is another instance of review above the Court.
You may delay the definition of a final conviction.
"But the most probable thing is that Báez will
end his life in detention due to the accumulation of sentences that he will suffer,
" said another lawyer for Comodoro Py.
In addition to the K-Money Route, Báez faces
six
other
money laundering, tax evasion and trout bills.
In the event that he was convicted in some of them,
the penalties would accrue to these twelve years.
Anyway, when you turn 70, you
can request the benefit of house arrest
.
The owner of Austral Construcciones
has two causes for aggravated tax evasion:
Highway, trout bills in Bahía Blanca, Hotesur and Los Sauces and fraud in the succession of a company in the Chaco.
The last bad news was that the economic criminal judge Javier López Biscayart, on February 9,
considered complete the investigation
of a second case for tax evasion in the terms of article 346 of the Code of Criminal Procedure of the Nation.
This is case number 1599/17 entitled "Austral Construcciones SA s / violation of law 24769" for the evasion of VAT and income tax in the years 2011, 2012, 2013 and 2014. It is estimated
a debt of 300 million of pesos with the AFIP
.
López Biscayart had already raised to the oral court in the economic criminal 2 (TOP 2) case no.
803/13 entitled "Andrés, Cesar Gerardo s / violation of law 24769" for VAT evasion and earnings in 2010. In these cases, Báez is defended by
the lawyer Franco Bindi, one of the organizers of Operative Puf, according to the prosecutor Carlos Stornelli
.
The case had been initiated in 2013 by a complaint by deputy Elisa Carrió for tax evasion maneuvers as a result of agreements entered into between the Austral Group companies.
It is La Estación SA;
Don Francisco SA;
Kank y Costilla SA;
Loscalzo y del Curto Construcciones SRL;
Alucom Austral SRL;
Badial SA and Austral Construcciones SA with the management company Valle Miter SA.
The latter managed the Alto Calafate hotel and other hotels belonging to the Kirchner family.
In the oral trial by Roads, Báez is accused of having participated in
the directing of 3 billion dollars in public works contracts
of the governments of Néstor and Cristina Kirchner in favor of his company Austral Construcciones or its satellites.
On the other hand, the federal judge of Bahía Blanca Walter López Da Silva
prosecuted Báez and his son for evasion maneuvers to the treasury of about 673 million pesos
, through the use of apocryphal invoices.
In 2013, the former head of the AFIP Ricardo Echegaray dissolved the headquarters of the fiscal body in that city because he had opened the complaint against Báez under the pretext of a union conflict.
In the fifth term, he is prosecuted along with Cristina Kirchner and her children Máximo and Florencia for money laundering through the family companies called Hotesur and Los Sauces.
The sixth trial is carried out by the surrogate federal judge of Chaco Enrique Bosch, who prosecuted Báez and former Chaco senator Fabio Biancalani, for maneuvers in the Adelmo Biancalani Succession for alleged evasion aggravated by the use of "trout bills."
Unlike Cristóbal López, Báez
cannot,
in principle, benefit from the new government moratorium, because Austral is bankrupt.
In addition to sentencing him to 12 years in prison, TOF 4 judges Néstor Costabel, Adriana Palliotti and Gabriela López Iñíguez
imposed a $ 480 million fine for laundering, plus a forfeiture of his assets of another 60 million
.
Thus, it will have fewer and fewer resources to finance its defense and, also, less political support.
Perhaps it is because of that prison perspective that Senator Oscar Parrilli, Cristina Kirchner's adulteress, came out yesterday - for the first time in the two years of the trial - to say that he was convicted of "morocho" and not because of the weight of the evidence gathered.
DS
Look also
The sentence against the children of Lázaro Báez, an alert for Máximo and Florencia Kirchner
The federal chamber of Bahía Blanca delays definitions on the cause of the trout bills against Lázaro Báez