Fernando Sabag Montielaccused of the crime of “attempted homicide” in the case that investigates the attack against the vice president Cristina Kirchner, could receive a sentence of not less than 10 years in prison if that qualification persists in the file.
Although from the beginning there was talk of assassinationunderstood as the assassination or attempt thereof, against a public figure of political or religious importance, the figure It is not classified as a crime in the Argentine Penal Code. However, the penalties for this attempt against the former president could be varied according to specialists.
Cover-up, carrying a weapon and attempted femicide
According to the Penal Code, the penalty in the case of attempted murder would be 10 years minimum and 15 years maximum. However, to that number of years it would be necessary to add the corresponding to the “Concealment of the weapon resulting from a robbery” or “possession and carrying of the weapon”, as explained to GO Noticias by criminal lawyer Christian Poletti, for which the sentence for could be further aggravated.
This weekend, the former president’s lawyer, Gregorio Dalbonsaid he will ask the judges to qualify the case as “attempted femicide”. “We are analyzing the qualification for what happened with Cristina. It should be attempted femicide (Belém Do Para convention) in degree of aggravated attempt (treachery and firearm)“, maintained Dalbón, and added that they would include the classification of “illegal carrying of weapons”.
Fernando Sabag Montiel: is a cover change possible?
According to Poletti, in this case the change of cover would not come into consideration, since “adding more aggravating factors is for problems, because they have to be proven”. But it is clear what his intentions were. “I can clearly see in the video that there is a double action on the tail of the trigger. It’s like the gun is nodding twice on the face of the vice president, so I have no doubt that he wanted the bullet out“, held.
For his part, the criminal lawyer Silvina Rodriguez Rosarno indicated that a change in the cover would be “absolutely possible” and that could be classified as ‘Attempted femicide according to article 80, paragraph 11, aggravated by the use of a weapon, whose attitude to shoot has been confirmed’“, he explained.
In turn, it maintained that if it were proven that Sabag acted with partners in crime, like his girlfriend Brenda Uliartewho was arrested on Sunday after security cameras confirmed that he was in the area during the attack and also in previous daysone could search for “strengthen the cover” by imputing it as leader of an “illicit association”.
“The most important thing to consider was the expected result, which was not carried out due to his own negligence. The result could not be carried out because he did not know how to handle the weapon. Among the sum of the longest sentences, he will receive a life sentence, without a doubt“, he concluded.
CFK attack: cell phone photos and other evidence
The photos recovered from cell phone by Sabag Montiel that show both him and his girlfriend with the Bersa 380 pistol and the bullets made their situation worse.
In one of the images Sabag Montiel holds the gun up and even pretends to pull the trigger. In another, the young woman appears with the gun shod in the waistband of her black pants. While in another photo she portrays the weapon and two boxes with 100 bullets that were found in the defendant’s home with six loose projectiles.
The images are part of the material that the Airport Security Police (PSA) handed over to the judge Maria Eugenia Capuchetti and to the prosecutor Carlos Rivoloand integrates the evidence of the request for an extension of the investigation to Sabag and the accusation as a possible participant against his partner.
Sabag Montiel is detained in an individual cell at the Cavia headquarters of the Federal Police, in Palermo. On Tuesday night he was transferred to the Retiro courts to expand his investigation after the appearance of new evidence against him, but did not want to answer anything, just like the first time he was interrogated. The only thing he wanted to say was that his girlfriend “had nothing to do with it”.
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