Monterey, NL. The former governor’s defense attorney, Jaime Rodriguez CalderonVíctor Oléa Peláez, assured that they are about to implement relative actions linked to a jurisdictional conflict that arises because the Federal Criminal Judge Pedro Gerardo Álvarez Álvarez del Castillo, determined this Monday, April 18, not to accept the jurisdiction that the Control Judge previously declined of the state of Nuevo León, on the case of the alleged crime of use of resources of illicit origin during the presidential campaign.
In accordance with article 46 of the Amparo Law, in order for a jurisdictional conflict to arise between Collegiate Circuit Courts, it is required that, when hearing an amparo proceeding, an appeal for review or any other class of matters submitted to its consideration, one of them declares its incompetence to hear the matter and, consequently, send the records to the collegiate jurisdictional body that, in its opinion, has the powers to resolve it and that the latter does not accept the declined jurisdiction, and must notify the court declining and order the remission of the records to the Supreme Court for its avocation and subsequent resolution.
“We will be in the process of implementing the relative actions linked to a jurisdictional conflict that arises in this case. We are analyzing all the tools that we have at hand to combat this resolution that we do not share, we respect it because it belongs to the Federal Judicial Power but we do not share it and in the next few days we will file the corresponding resources”, assured the litigant.
He reiterated that the crime they seek to impute to his client must be reviewed by a Federal Judge, because it is established by the General Law on Electoral Crimes.
“It is a determination of the Federal Control Judge (…) as it is an electoral crime linked to the federal presidential election, the Federal Law on electoral crimes itself establishes, without a doubt, that it is federal jurisdiction,” stressed Víctor Hey.
Before the local press, the lawyer emphasized that the Judge of the common jurisdiction can reject the file since he has already pronounced himself declaring his incompetence, “it would be a bit incongruous that he accepts it now and different legal scenarios would be generated, which we are already analyzing and that we will address for to act in accordance with the law,” he said.
As will be remembered, the former president was arrested on March 17, outside a ranch in General Terán, an operation in which the Prosecutor’s Office Specialized in Electoral Crimes.
Subsequently, the State Control Judge, Carlos Alberto Salas González, declared himself incompetent to continue with the case, and sent the investigation folder to a District Judge since the defense argued that the crime was federal. However, he issued preventive detention to the former president.