The Criminal Chamber of the Supreme Court of Justice (CSJ) canceled the AI No. 102 and AI No. 107 of the Court of Criminal Appealthrough which the prescription in relation to the mediated production of public documents with false content and the use of them. Consequently, the definitive dismissal of the Colorado Chartist senator Hernán David Rivas Románin the case related to the alleged falsification of his law degree and registration.
The Criminal Chamber that analyzed the extraordinary appeal of cassation of the prosecutors Patricia Sánchez and Luz Guerrerowas made up of the ministers Luis María Benitez Riera and Carolina Llanesand the waiter Arnaldo Fleitas.
The latter joined the room to replace the minister Manuel Ramirez Candiawho left because he had agreed with Rivas in the Jury of Prosecution of Magistrates (JEM) in 2023.
Read more: “A great susu’a” in the Senate: they ask to expel Hernán Rivas along with Erico Galeano
In this sense, the highest court through its Interlocutory Order (AI) No. 133 ordered As a first measure, the annulment of the resolutions issued by the chambermaids Delio Vera Navarro and Bibiana Benítez that put an end to the process open to the legislator, before the case can reach oral trial.
The third member of the House who studied the case, José Agustín Fernándezvoted dissenting.
Read more: Corte and Aneaes seek to avoid new “Hernán Rivas” with greater control of titles
The next decision adopted today by the highest judicial instance was the partially revoke the resolution issued in the first instance by the judge Miguel Angel Palaciosspecifically AI No. 850. Consequently, by direct decision, the Court orders the opening of the oral trial against Rivas for the two crimes accused by the Prosecutor’s Office.
Specifically, the three points of AI No. 850 that were revoked by the criminal court were the following:
- “YO- Make room for the Prescription Incident of the punishable acts in relation to the factual portions subsumed in the criminal type of mediate production of public document with false content raised by the technical defense of the accused, in accordance with the above and with the scope of the exordium of this resolution.
- “II- Declare the prescription operated in relation to the factual portions subsumed in the pernal type of mediated production of public document of false content with the foundations set forth in the exordium of this resolution.”
- “III- Definitely dismiss to the processed Hernán David Rivas Román in relation to the factual portions subsumed in the criminal type of Mediated production of public document with false content”.
Consequently, by direct decision, the Court orders the opening of the oral trial against Rivas for the two crimes accused by the Prosecutor’s Office, which are the following: mediated production of public documents with false content and use of public documents with false content.
Facts accused of Hernán Rivas by the Prosecutor’s Office must be discussed in trial, says the Court
The members of the Criminal Chamber highlighted that in “a comparison between the accusation and the order opening the trial: The facts submitted to oral and public trial are the same factual portions presented in the accusationTherefore, the same factual portions on which the preliminary hearing dealt, and on which the parties were able to offer evidence.”
In this regard, they described this agreement as “fundamental, since the case is already in the oral and public trial stage on the same factual portions accused.”
Read more: The shameful rescue of Hernán Rivas: the triple failure of the powers of the State
“The Criminal Court of Guarantees did not order the opening of an oral and public trial based on the prescription due to the classification of ‘mediate production of public documents with false content’However, this statute of limitations was wrongly stated”, at the discretion of the members of the Criminal Chamber.
However, “it can be determined What is the optimal legal solution in this case?Therefore, it is not possible to split the process when the factual portions to be debated are the same, since there is a risk of falling into the vice non bis in idem (not twice for the same thing).”
They added that “during the criminal process the defendant defends himself with facts, not with legal qualifications, therefore, if the facts on which the opening of the oral and public trial revolved are exactly the same as those of the accusation, and on which the preliminary hearing was held, then, There is no obstacle to the holding of the oral and public trial based on the facts already being opened for trial., but, also taking into account the legal classification of ‘mediate production of public documents with false content‘”.
Read more: A congressman who was a “judge of judges” without being a lawyer
Therefore, after their analysis of the case file, the members of the Chamber indicated that “if different legal qualifications arise regarding the same facts, only at the stage of the oral and public trial can they be introduced into the debate with due warning to the defendant.”
But “in the present case, There is no obstacle or impact on the rights of the accused if the debate on the same facts is carried out, including the qualification of ‘Mediated production of public documents with false content’.already known from the beginning of the process, and on which the preliminary hearing even revolved and which was excluded from the debate, erroneously by the Criminal Guarantees Judge”.
Read more: MP does not rule out asking for more information on the criminal case against Hernán Rivas
Rolón minimized the threat to the prosecutor and ruled out opening a case
Let us remember that the prosecutor Patricia Sánchez sent a letter to the State Attorney General, Emiliano Rolón, informing him that on March 30, 2026, after presenting her cassation, she received a verbal communication from a person, about whom she requested protection of her identity due to being in a state of vulnerability and risk.
The communication from Prosecutor Sánchez was made on March 31 and as stated in the document, Senator Hernán Rivas told this person to let the Public Ministry agent know that if she filed an appeal against the resolution of the Chamber in the criminal case of interest to her, the legislator would ensure that she was removed from office.
Read more: Prosecutor’s Office accuses Hernán Rivas of alleged false lawyer title
Initially, the attorney general, Emiliano Rolón, had hidden the identity of the person who, according to the affected prosecutor herself, had threatened her own investigating officer. Only when the fact and the writing became public did the prosecutor – reluctantly – admit that this warning had come from Senator Rivas.
On April 23, when Hernán Rivas’ permission in the Senate was under discussion, Emiliano Rolón had minimized the threat against his prosecutor by taking it as a simple rumor.
“In popular jargon it would be He’i lo mitã (people say), which is enough to initiate prevention, but not for a criminal investigation. That information was just an initial rumor that did not yet have the strength for an investigation,” Rolón had said after being consulted by the press.
Likewise, the head of the Public Ministry had stated that “in the line of the Public Ministry, integrity means placing oneself in the middle and evaluating the information based on evidence,” and then claiming that this information “was just an initial rumor that did not yet have the strength to serve for an investigation.”
Read more: Hernán Rivas threatened the prosecutor with his dismissal, according to MP document
However, if a criminal investigation is not opened regarding the case, taking into account that the alleged origin of the threat is a senator of the Nation, there will be no evidence of what the means of threat was and the supposed person responsible.
