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The Federal Chamber of Buenos Aires confirmed Wednesday the prosecution of the former president Cristina Fernández de Kirchner following the discovery of two historical documents related to José de San Martín and the former president Hipólito Yrigoyen, respectively, at his home in El Calafate, city of Santa Cruz, during a raid.
The Court of Appeal, however, changed the clbadification of the crime that the federal judge had ordered Claudio Bonadio understand that this was not a case of "cover" but of "violation of the duty of a public official ".
The documents found in the house of the senator and former president are a letter from José de San Martín to his friend and Bernardo O 'Higgins, written in Paris during his exile, dated December 26, 1835; and a disc of Hipólito Yrigoyen, with its activities from 1906 to 1910.
For maids Martín Iruruzun and Leopoldo Bruglia, the former president allegedly committed the crime of "breach of duty of a public official" for failing to report his possession to the General Archives of the nation.
Judge Bonadio had sued the former president as the perpetrator of the crime of "cover" because he understood that it was historical documents that had been stolen and that the former head of state had retained his power without denouncing the fact that elements of illicit origin had reached him.
The defense of Cristina Kirchner explained in court that both documents had been presented to her and that she did not think that they had been stolen: she stated in particular that the letter of St. Martin had been presented by the President of the Russian Federation. Vladimir Poutine.
"It is sufficiently established that the defendant knew both the importance and the historical value of the documents examined: it was sufficient to do so with the transcendence which he had attributed to the gifts received.", argued Bruglia and Irurzun JJ.
"There is no doubt that the historical documents examined, by their nature, are part of history and, as such, are considered by law as the cultural heritage of society and should not be kept in reserve for personal usufruct. "have noticed the magistrates.
"After its reception, it was not only inevitable but inevitable that Fernández de Kirchner informs the General Archives of the Nation of his possession, as it was an express obligation of the law whose lack of knowledge does not can not claim successfully nor rely on an interpretative interpretation attentive to the normative clarity on the point, "they added.
Bruglia and Irurzun also confirmed the embargo of one hundred thousand pesos that Bonadio had imposed on the former president when she accused him of possessing the documents discovered during a raid that answered the cause of the notebooks.
With the decision taken by the judges, the case is about to be brought to the oral trial. It could therefore become the sixth cause in which the former president is involved in the transition to oral and public debate.
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