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Criminal Cassation Court Rejects Yañez Appeal, Confirms Rafecas in Fernández Case

The ruling clears the way for Judge Daniel Rafecas to push the investigation toward a potential oral trial.

Overview

  • Argentina’s Federal Criminal Cassation Court declared inadmissible the extraordinary federal appeal filed by Fabiola Yañez’s legal team, according to a decision signed by judges Ángela Ledesma and Guillermo Yacobucci on December 22.
  • The decision leaves Daniel Rafecas as the judge of record in the case over alleged gender-based violence against former president Alberto Fernández.
  • Casation found the filing did not meet formal requirements and failed to show arbitrariness, stating the arguments reflected only a differing opinion on a resolved issue.
  • Rafecas can now continue the investigative phase and, if prosecutors request it, move to seek elevation of the case to an oral trial.
  • The prosecution accuses Fernández of coercive threats and aggravated light and serious injuries in a context of gender-based violence, for alleged acts from 2016 to August 2024, offenses that carry potential sentences of up to 15 years.