The Role of the Court
From this point, the Court has two options. The first is to reject the appeal without analyzing the substance of the claim, applying Article 280 of the National Civil and Commercial Procedural Code.
In this scenario, the sentence would become final and those accused with sentences of more than three years and one day of imprisonment would have to be detained. In the case of Cristina Fernández de Kirchner, if she did not have legislative immunity, her age—72 years—would allow her to access house arrest.
The second option is for the Court to decide to open the case for analysis, which would involve a more detailed study of the file and a resolution that could take more time.
In this case, the court has the power to confirm what was done by the previous instances, annul the sentences, modify the penalties—either reducing or increasing them—or even acquit some of the accused.
With the confirmation of the sentences by the Cassation Chamber, the Vialidad case is in the stage known as "double conformity," that is, it has two sentences in the same direction, which reinforces its legal solidity.
This was the same procedural stage in which the case of former Vice President Amado Boudou was before the Court solved his situation.
However, the Supreme Court has no established deadlines to address the claim. It can solve the case immediately with the judges who make up the court at that time or take a prolonged time before issuing a final ruling.
In the event of running for election and being elected, parliamentary immunity could grant her immunity from potential detention, adding a new factor of political speculation around the resolution of the case.
