With the conviction upheld in the Vialidad case, Cristina Fernández de Kirchner has been permanently disqualified from holding public office, which will also prevent her from continuing as president of the national Justicialist Party (PJ). The former president had assumed that role on December 11.
The reason is legal: the political parties law prohibits individuals excluded from the electoral register from holding party positions, and judicial disqualification precisely entails that exclusion. Therefore, the vice president from 2019 to 2023 will not be able to run for or hold party positions in any official capacity within PJ.
What the law says about disqualification
The sentence, which includes six years in prison and permanent disqualification, was confirmed this week by the Supreme Court. In its ruling, the highest court upheld the sentence against the former president for fraudulent administration in Santa Cruz's public works.
The Penal Code, in Article 12, states that a sentence longer than three years inherently carries absolute disqualification. In Article 19, it specifies that this condition entails loss of public employment, electoral rights, and the possibility of obtaining positions, as well as the suspension of pension benefits, something that has already been challenged by the national government.
Tras la condena, Cristina Kirchner ya no podrá seguir como presidente del PJ nacional
Additionally, the National Electoral Code establishes that those convicted of intentional crimes with a final sentence are excluded from the register for the duration of the sentence. That exclusion is essential, since the political parties law requires being on the register to be a member and, consequently, to hold a position in a political party.
Cristina: "To the salary cap is now added the cap on the popular vote"
Cristina Kirchner received the news at the PJ headquarters on Matheu Street, surrounded by supporters. "To the salary cap imposed by Javier Milei's government, now the judicial party adds the cap on the popular vote," she stated from the entrance of the party building.
Tras la condena, Cristina Kirchner ya no podrá seguir como presidente del PJ nacional
Last week, the former president had announced her pre-candidacy for legislator for the third electoral section of Buenos Aires Province, which would now also be invalidated following the confirmation of the conviction and the process of exclusion from the register.
The electoral court has already been notified
Judge Jorge Gorini, in charge of Federal Oral Court 2, will notify the National Electoral Chamber to update the status of those convicted in this case. Among them are also former officials such as José López and Nelson Periotti.
The Chamber will report in which district each convicted person is registered, and provincial electoral judges must proceed to remove them from the voter register, thus completing the legal effect of the disqualification.
