Cristina Kirchner was sentenced this afternoon to 6 years in prison in the Highway case for defrauding the State, but, in any case, the Vice President will not go to jail. In principle, because of her charge, she has privileges of immunity from arrest and in order for them to be removed, she must go through a political trial. But, also, because for an eventual arrest to take place, the sentence must be final so that it can begin to be fulfilled and, for that, it must go through other judicial instances.
To this is added that in this file the former president never had pretrial detention. And in her allegations, federal prosecutors Diego Luciani and Sergio Mola did not request the arrest of the head of the Senate when they asked that she be sentenced to 12 years in prison and perpetual disqualification from holding public office.
Being the sentence of effective compliance, it will remain firm and in a position to be executed when it goes through two more judicial instances. First, the Federal Chamber of Criminal Cassation and, secondly, by the Supreme Court of Justice of the Nation.
If the Court leaves the sentence firm, Cristina Kirchner must comply with it. If she is in prison, the instance is opened that she can be at home . The former head of state will turn 70 on February 19. The law establishes that from that age you can request house arrest. But it is not automatic. The rule says that the judge "may" grant this type of detention. In fact, there are people under 70 years of age in house arrest due to health problems or adults who are detained in a prison.
In the event that Cristina Kirchner is holding an elective position -president, vice president, deputy or senator- an instance of political discussion will be opened. A process of impeachment must be initiated to remove the privileges. That also in case the sentence is so that she can no longer hold public office.
The conviction also does not affect a possible candidacy for 2023. One of the crimes for which the Prosecutor's Office requested that she be sentenced contemplates perpetual disqualification from holding public office as a penalty. But the same thing happens with an arrest: the sentence must be final . Regarding a candidacy, Cristina Kirchner has the background of former president Carlos Menem . For the 2017 elections, the man from La Rioja had a conviction for the sale of arms to Croatia and Ecuador and his disqualification was requested so that he can run for re-election as a national senator. But the Supreme Court endorsed that he go to the elections because the sentence was not firm.
Also in the event that the sentence is final, the Vice President would lose the retirement and pension that she currently receives, the administration of her assets and would not be able to vote or be voted for.
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