94. When the proceedings had reached the stage of an agreement, 100 two new appeals for review were filed by the official public defender of Cesar Alberto Mendoza 101 and Claudio David Núñez, 102 on the same grounds as the first one. On April 18, 2012, it was decided to joinder the three proceedings since they all had the same purpose. 103 On August 21, 2012, about a week before the public hearing in the instant case was held (supra para. 12), the Federal Criminal Cassation Chamber annulled the judgment delivered by the Oral Juvenile Court on April 12, 1999 (supra para. 82), against Claudio David Núñez and Lucas Matías Mendoza, and the judgments of April 4 and 9, 2000, handed down against César Alberto Mendoza and Lucas Matías Mendoza (supra para. 84) in relation to the sentencing to life imprisonment and reclusion for life, and declared that that paragraph 7 of article 80 of the Criminal Code was unconstitutional “as regards the punishment of life imprisonment established for children and adolescents.” Furthermore, it admitted the appeals in cassation and on unconstitutionality that had previously been denied (supra para. 84), and ordered “that the proceedings be referred [to the Oral Juvenile Court] so that, following a hearing,” it establish new punishments for the three convicted youths, “based on the [said decision] and especially on the guidelines set out in Report [172/10].” 104 D.3. Special federal appeal of the Prosecutor General against the decision handed down in favor of César Alberto Mendoza, Claudio David Núñez and Lucas Matías Mendoza in the appeal for review 95. On September 4, 2012, the Prosecutor General filed a special federal appeal against the decision of the Federal Criminal Cassation Chamber of August 21, 2012 (supra para. 94), basically, on the grounds that the principle of res judicata had been violated and that the declaration of the unconstitutionality of paragraph 7 of article 80 of the Criminal Code was “arbitrary.” 105 On September 27, 2012, the Second Chamber of the Federal Criminal Cassation Chamber declared that the special federal appeal filed by the Prosecutor General was inadmissible. Accordingly, on October 5, 2012, the Prosecutor General filed a remedy of complaint before the Supreme Court of Justice of the Nation. 106 According to information provided to the Court, at the date of delivery of this Judgment, this appeal had not been decided, and thus the decision of the Second Chamber of the Federal Criminal Cassation Chamber of August 21, 2012, granting the appeals for review in favor of Caesar Alberto Mendoza, Claudio David Núñez and Lucas Matías Mendoza (supra para. 94) is not yet final. D.4. Incidental plea for the release of César Alberto Mendoza, Claudio David Núñez and Lucas Matías Mendoza 100 Cf. Note of the Secretary of the Chamber of February 15, 2012, in case No. 14,087 (file of annexes to the answering brief, tome XV, folio 7955). 101 Cf. Appeal for review presented by Patricia García, defense counsel ad hoc of Cesar Alberto Mendoza in case No. 15,311 (file of annexes to the answering brief, tome XV, folio 7903). 102 Cf. Appeal for review filed by Flavio Vega, had of official public defense office No. 2 on behalf of Claudio David Núñez in case No. 15,312 (file of annexes to the answering brief, tome XV, folio 7924). 103 Cf. Note of the Secretary of the Chamber dated April 18, 2012, in case No. 14,087 (file of annexes to the answering brief, tome XV, folio 7952). 104 Cf. Judgment of the Federal Criminal Cassation Chamber in case No. 14,087 of August 21, 2012 (file of annexes to the representative’s final written arguments, tome XII, folios 8249 and 8330). 105 Cf. Special federal appeal filed by the Prosecutor General of the Nation on September 4, 2012, against the Federal Criminal Cassation Chamber’s decision of August 21, 2012 (file of annexes to the representative’s final written arguments, tome XII, folios 8365 and 8374). 106 Cf. Remedy of complaint of the Prosecutor General of the Nation filed before the Supreme Court of Justice of the Nation of September 5, 2012 (merits file, tome III, folio 2354). 34