Judge: Cabeza de Vaca can be prosecuted even if he is Governor

On May 19, a judge issued an arrest warrant against García Cabeza de Vaca, at the request of the Attorney General’s Office, and the National Migration Institute launched an immigration alert to find the governor, who was presumed in USA.

-With information from EFE.

Mexico City, May 29 (However) .- The Tamaulipas Congress can only define if the Governor Francisco Javier García Cabeza de Vaca is separate from your position, but you cannot define whether faces or not the criminal process, “to which it can be linked even in itselfus functions”, According to the decision of the Judge Aaron Iván Zeferín Hernández, quoted by journalist Abel Barajas from Reform.

Zeferín Hernández, Control Judge of the Federal Criminal Justice Center of Almoloya de Juárez, State of Mexico, was in charge of ordering an arrest warrant against Cabeza de Vaca for organized crime and money laundering.

The Judge concluded the above based on an interpretation of a criterion of the Supreme Court of Justice of the Nation of 2016 and of the Federal Law of Responsibilities of Public Servants (LFRSP), says Abel Barajas in Reform.

“Said in this way, the effect given to the state legislature, when it has been determined to give rise to the origin of withdrawing constitutional protection to a head of the state executive, is for the purpose of deciding whether or not it will be separated from its mandate. , as long as he is subject to criminal proceedings (because taking into account the specific case, he could decide not to separate him from the position and for him to face the criminal process holding said position) ”, says the court order cited by the national newspaper.

Cow’s head. Photo: Cuartoscuro.

“That is why – from the judgment of this judge – communication to the local legislative authority is simply limited to constituting the formal notification in favor of the Federal Entity of the final decision on the declaration of provenance of one of its local public servants. , but not in granting him political or legal power to accept or not the decision, since this, like any authoritative order, must be satisfied and fulfilled in its strict terms, “he adds.

This week, a Mexican judge provisionally suspended the arrest warrant against the Governor of the northern state of Tamaulipas, Francisco García Cabeza de Vaca, accused of organized crime and money laundering, the Federal Judicial Council reported Tuesday.

“The interruption of the execution of any arrest warrant issued against him is decreed, so that the aforementioned aggrieved person should not be deprived of his personal liberty, until it is resolved what proceeds in the definitive suspension,” he notified on Monday. the eighth district judge of Tamaulipas.

On May 19, a judge issued an arrest warrant against García Cabeza de Vaca, at the request of the Attorney General’s Office, and the National Migration Institute launched an immigration alert to find the governor, who was presumed in USA.

However, García Cabeza de Vaca reappeared on Monday in a working meeting with his cabinet at the Tamaulipas government headquarters.

Cow’s head. Photo: Cuartoscuro.

Before the amparo filed by the governor, the judge considered that García Cabeza de Vaca maintains “the protection or immunity from criminal proceedings that the Political Constitution of the State of Tamaulipas grants him.”

For the temporary suspension of the arrest warrant to take effect, the judge set a bond of 100,000 pesos (about $ 5,000) to the governor.

He also convened a new hearing for June 7 in which it will be decided whether to suspend the arrest warrant permanently.

The governor of Tamaulipas, of the opposition and right-wing National Action Party (PAN), was reported to the Prosecutor’s Office by the Federal Government’s Financial Intelligence Unit, which accuses him of laundering money by buying and selling a luxurious apartment.

His case has become a legal problem, since the Mexican Chamber of Deputies approved in recent days lifting the governor’s judicial immunity to allow him to be prosecuted, but the Tamaulipas Congress voted in favor of maintaining his jurisdiction.

Without the Supreme Court of Justice clarifying the legal situation in which García Cabeza de Vaca remained, the Prosecutor’s Office obtained the arrest warrant from a judge.

The governor denounced that the arrest warrant was due to “political motives” and “was taken in the National Palace,” the residence of the President of Mexico, Andrés Manuel López Obrador.

The Supreme Court of Justice reported on Monday that it will analyze whether or not a new constitutional appeal promoted by the Tamaulipas Congress is admitted.

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