Alberto Fernández's dispute with Fabiola Yañez will proceed in the regular judicial system, as per the Supreme Court's ruling.
A Hot Legal Tussle:
The Supreme Court of Justice made a ruling on Thursday that leaves the pending investigation against former president Alberto Fernández, initiated following his complaint against his ex-partner Fabiola Yañez, to be handled by national ordinary justice. The complaint alleges violation of secrets and unauthorized access to personal information.
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- The government of Córdoba ordered to pay 600 million pesos to the families of the Neonatal Hospital The discord in jurisdiction arose due to Fernández's complaint filed before federal justice, where he accused an unauthorized access to images stored on his cell phone that he had given to his son for entertainment purposes.
- Justice allows Cristina Kirchner to step out on her apartment balcony during house arrest In his complaint, Fernández acknowledged that the Samsung phone he had given to his son contained intimate material. He argued that the publication of the videos featuring him with Tamara Pettinato falls under the same context of gender violence that Mrs. Yañez accused him of.
The National Court of Criminal and Correctional Justice No. 9, presided over by Judge María Eugenia Capuchetti, declared itself incompetent after considering that the denounced facts did not constitute a federal nature crime, and the Criminal and Correctional Oral Court No. 4 adopted the same stance.
With the conflict of competence resolved, the proceedings were elevated to the Supreme Court, which ruled in favor of the national ordinary justice. In a joint vote, judges Horacio Rosatti and Ricardo Lorenzetti sentenced that the Oral Criminal and Correctional Court No. 4 should handle the case. Minister Rosenkrantz concurred, arguing that there was no evidence to suggest federal jurisdiction.
Through his complaint, Fernández requested the restriction of the viralization of the recordings featuring him with Pettinato. A forensic analysis of Fernández's phone was ordered, analyzing potential cases of aggression. The result of this analysis yielded a total of 8474 pages of messages between the former president and Yañez from 2017 to August 2024.
In short:
- Fernández's complaint against Yañez will proceed in national ordinary justice.
- Federal courts agreed that they were not the appropriate venue for the case, as it does not involve federal crimes.
- The Supreme Court assigned the investigation to the Oral Criminal and Correctional Court No. 4.
- The ruling was signed by Supreme Court ministers Horacio Rosatti, Carlos Rosenkrantz, and Ricardo Lorenzetti.
This ruling clarifies the judicial path for the case and confirms that it will be handled by the ordinary justice system in Argentina.
- The government's involvement in the dispute over the compensation of 600 million pesos to families of the Neonatal Hospital in Córdoba is a form of general-news and politics, since it involves public funds.
- The politics surrounding the investigation against former president Alberto Fernández for his complaint against Fabiola Yañez has extended to the realm of crime-and-justice, as the Supreme Court of Justice has ruled that the case will be handled by the national ordinary justice system.
