Lucia Salinas
09/17/2021 2:24 PM
Clarín.com
Politics
Updated 9/17/2021 2:24 PM
The case particularly angered Cristina Kirchner, it was one of the many annoyances with President Alberto Fernández who is accused of having violated the regulations that he himself signed. After the electoral defeat of the Government in the PASO, the file that investigates the birthday party that Fabiola Yañez in the fifth of Olivos, was finally in charge of the judge
Lino Mirabelli
, head of the federal court 2 of San Isidro. Now the prosecutor
Fernando Domínguez
asked that the case be confirmed with another complaint that is being processed in the Sandra Arroyo Salgado court to see if it corresponds to accumulate everything there.
Two weeks ago, Sebastián Casanello - the first judge in the case whose main defendant is President Alberto Fernández - decided to dispose of the file.
In its substantiation, it maintained that "the opinions and the evidentiary activity carried out by the Prosecutor's Office show that the facts that are the subject of investigation took place in that Presidential Residence, located in the town of Olivos, Vicente López, Province of Buenos Aires".
Within the corresponding deadlines, none of the parties appealed Casanello's decision, for which reason
the incompetence was final
.
And the Chamber of San Martín
filed the file with the judge on duty at that time, who was Mirabelli.
Hours after the electoral defeat of the Government, the judge signed the resolution through which he accepted the jurisdiction of the case: "in the face of the proposed scenario, after having examined the documents sent from the digital file, I conclude that it
corresponds to partially accept the attributed jurisdiction
regarding a portion of the events expressed in the accumulated complaints, and reject it regarding the remaining facts since the latter would exceed the territorial jurisdiction of this judiciary, "said Mirabelli, who refused to understand in complaints of quarantine violations regarding Mauritius. Macri and Elisa Carrió, as they did not occur in their jurisdiction.
But on Friday, the prosecutor at his trial,
Fernando Dominguez,
asked that the case be Compulse with another complaint has Judge Sandra Arroyo Salgado,
"that the judge must intervene by
taking into account all developed circumstances determine"
, upholds the opinion that
Clarín
agreed to
.
In San Isidro there are two federal courts, and the prosecutor Domínguez argued that the cause of the first lady's party
is similar to an initial complaint that Judge Arroyo Salgado has "previously," he
explained.
According to judicial sources explained to
Clarín
, it may end up being the Chamber of San Martín the one that resolves the situation.
The file reaches San Isidro with the accusations made by the first prosecutor in the case,
Ramiro González
.
The list of those investigated is headed by the President, the first lady and the other participants of the party.
The case seeks to determine if the regulations signed by the Head of State were violated, when he imposed a strict quarantine and investigates whether the denounced behaviors "could constitute the crimes provided for in articles 205 and 248 of the Penal Code, which establish the typicity of the actions. of the official who will not execute the laws whose fulfillment is incumbent upon him. "
In his accusation, the prosecutor González attributed responsibility to the President for the violation of article 205 of the Penal Code, which provides a penalty of 6 months to two years in prison for anyone who "violates the measures adopted by the competent authorities to prevent the introduction or spread of an epidemic ".
All these data came from the DNU that the President himself had signed.
For the ruling party, the federal judge of San Isidro, Sandra Arroyo Salgado - the former wife of prosecutor Alberto Nisman -
is not "impartial,"
as the Deputy Minister of Justice,
Juan Martín Mena, maintained.
