Federal prosecutors Diego Luciani and Sergio Mola appealed on Monday the house arrest being served by the convicted former president Cristina Fernández de Kirchner in the context of the "Vialidad" case and requested that this modality be revoked so that she continues serving her sentence in a penitentiary facility.
The Public Prosecutor's Office submitted its opinion to the Federal Chamber of Criminal Cassation, with the aim of overturning the house arrest that the former president is serving at her residence on San José 1111 Street, in the Monserrat neighborhood of Buenos Aires.
In the document, the prosecutors argued that "there have never been real reasons to depart from what constitutes a clear rule of the Penal Code and the Law on the Execution of the Deprivation of Liberty Penalty: the prison sentence must be served within a penitentiary facility."
Cristina Kirchner, condenada por corrupción.
The prosecutors also warned that Cristina Kirchner's continued presence in her apartment on San José Street creates problems for the neighborhood, according to a report prepared by the Government of the City of Buenos Aires. They also mentioned that the former president's security is compromised, recalling the incident that occurred in 2022.
In this regard, they maintained that if the house arrest regime is upheld, there is an "urgent need for at least a review of the place where Fernández is serving her house arrest."
The prosecutors emphasized that their position is that "the sentences handed down as a result of actions in serious cases of public corruption must be served as appropriate in the prison facilities established for that purpose," as indicated by current regulations.
They also warned that the house arrest regime doesn't favor the resocialization process, one of the central objectives of the sentence as established by law.
Regarding the security conditions of the former president in a prison, Luciani and Mola indicated that the National Security Ministry, headed by Patricia Bullrich, has already made available a series of federal force facilities suitable for Fernández to serve her sentence, according to her specific needs.
Meanwhile, the Prosecutor's Office questioned the special treatment received by Cristina Kirchner compared to the other eight convicted in the "Vialidad" case, who did appear in person at the Comodoro Py courts to be detained. In her case, that step was omitted after she was directly granted the benefit of house arrest.
Now it will be the turn of Chamber IV of the Federal Chamber of Criminal Cassation, composed of judges Mariano Borinsky, Gustavo Hornos, and Diego Barroetaveña, who must evaluate the various appeals submitted in the context of the case.
