Overview
- Sala II of the Buenos Aires Federal Chamber upheld the procedure enabling an oral trial by a 2–1 vote, with judges Martín Irurzun and Eduardo Farah in the majority and Roberto Boico dissenting.
- The majority rejected defense nullity claims over an allegedly late querella and an improper extension, validated prosecutor Ramiro González’s article 347 request, and noted the defense can press evidentiary objections when answering the accusation.
- Judge Boico argued for nullity, contending the extension was not granted by a competent authority and that the investigation closed without key defense evidence, and he proposed sending the file back to Judge Daniel Rafecas.
- Fernández remains processed for aggravated injuries in a gender-violence context and for coercive threats against Fabiola Yáñez, with the alleged acts said to have occurred at the Quinta de Olivos during his presidency.
- The case is now before Judge Rafecas after Casación removed Judge Julián Ercolini, and a request to move the matter to the City of Buenos Aires criminal forum could trigger a Supreme Court decision on jurisdiction and affect the trial timetable.