In a decision that generates indignation and questions about the seriousness of the judicial system, the Oral Economic Criminal Court No. 3 handed down a partial dismissal of Lázaro Báez, his sons Martín and Luciana Báez, Leandro Báez (completely) and 11 other defendants from Austral Construcciones SA, benefiting them from a terrible interpretation of Law 27,799 (Fiscal Innocence Act).
Judges Jorge Zabala, Fernando Machado Pelloni and Karina Perilli decided to retroactively apply the rule — which raised the evasion thresholds to $100 million per tax per year for the simple tax, and $1 billion for the aggravated one — arguing that it is “more benign” for the accused.
The result: Justice considered that the millionaire debts of 2010, 2011, 2013 and 2014 no longer constitute a crime, despite the fact that updated to values of 2026 they amount to almost 200 billion pesos.
The original amounts investigated were: 2010:
VAT $23,959,038 + Profits $46,461,367 2011: VAT $99,964,224 + Profits $90,014,387 2013: VAT $8,753,187
+ Profits $8,495,232 2014: VAT $59,954,725
+ Profits $22,860,611 How much money
did Justice forgive Lazaro Báez updated to 2026 Converted to dollars each year and brought to the current
official price of $1,415 (Banco Nación, March
2026), those four years represent more than 199.600 million pesos today. In other words, almost 200 billion that Justice has just decided are “not enough” to be criminally prosecuted.
Only the year 2012 remains, where debts (VAT $113,190,286 + Profits $178,037,143) do exceed the new thresholds and will continue to be in court.
Attorney Diego Velasco was harshly opposed: he argued that Law 27,799 is only a “monetary update” and not a substantive reform that benefits the accused. However, the judges rejected their position and opted for the laxest possible interpretation, citing the Supreme Court and the “spirit” of the
rule.
This decision, taken one day before the start of the trial, reveals how Justice — with a questionable and extremely benevolent application of the law — ends up forgiving an escape that, in silver from 2026, is equivalent to an astronomical fortune.
Báez and Austral Construcciones, a historic symbol of irregularities in Kirchner's public works, are once again benefiting from a system that seems incapable of doing justice with real amounts.
The 2012 case will continue, but the bulk of the evasion investigated for years is erased at the stroke of a stroke by this judicial interpretation.
