Minister Alcántara will propose invalidating the arrest warrant against Francisco García Cabeza de Vaca


The Minister of the Supreme Court of Justice of the Nation (SCJN), Juan Luis González Alcántara Carrancá, will propose to his colleagues who make up the First Chamber of that high court to declare the invalidity of the request for an arrest warrant requested by the Attorney General of the Republic (FGR) against the governor of Tamaulipas Francisco Javier García Cabeza de Vaca.

In accordance with the operative points of the paper, it is intended to approve: first, that the constitutional controversy 70/2021, promoted by the Tamaulipas Congress and, later, to declare the invalidity of the arrest warrant issued by the control judge of the Criminal Justice Center, based in Almoloya de Juárez, State of Mexico, Iván Aarón Zeferín Hernández, in criminal case 139/2021, against of the head of the Executive Branch of Tamaulipas.

The effects that this would bring would be to decree the invalidity of the contested acts and bind the defendant judge and the FGR to refrain from violating the governor’s immunity from prosecution.

This Wednesday the First Room of the SCJN, made up of the ministers Ana Margarita Ríos Farjat, Norma Lucía Piña Hernández, Alfredo Gutiérrez Ortiz Mena, Jorge Pardo Rebolledo and Juan Luis González Alcántara Carrancá, decided to postpone the discussion of the aforementioned controversy and number 50/2021. The latter is through which the Congress of Tamaulipas challenged the immunity determined by the Chamber of Deputies, April 2021, when it was established as a Jury of Provenance.

The arrest warrant that would remain without effect, if the other four judges decide to support the presentation with their vote, is for the commission of the alleged crimes of organized crime and operations with resources of illicit origin and equal tax fraud.

The first room of the SCJN determined this Wednesday that it will analyze the matter once the gubernatorial election of Tamaulipasto be held on Sunday June 5 next.

On April 30, 2021, the Chamber of Deputies approved, by 302 votes in favor, 134 against and 14 abstentions, the opinion of the Investigating Section, regarding the procedure of declaration of origin in the file SI/LXIV/DP/02/2021, by which it is declared that there is place to proceed criminally against Governor García Cabeza de Vaca.

The request for declaration of origin was made by the prosecutors assigned to the Specialized Unit for Investigation of Operations with resources of illicit origin and forgery or alteration of currency, of the General Prosecutor of the Republic.

In that session, the Investigating Section maintained that there are strong indications, sufficient to consider that the Governor of Tamaulipas He could have fraudulently declared the Income Tax for the year 2019 and failed to pay the federal treasury an amount that is just over six million pesos.

For her part, the prosecutor in charge of the General Prosecutor of the RepublicElizabeth Alcantar Cruz, stated on that occasion that from the investigation carried out within the folder ending 392-2020, evidence was obtained from which facts with the appearance of a crime emerge and the probability that the aforementioned participated in the commission of crimes. illicit organized crime, operations with resources of illicit origin and equalized tax fraud.

He mentioned that on April 30, 2020, Cow’s head filed with the Tax Administration Service (SAT) your annual return for fiscal year 2019 in which you entered income less than that actually obtained, thereby causing damage to the federal treasury for not paying the corresponding contribution. The Federal Prosecutor’s Office, according to its powers, made a calculation of a loss of 6 million 511,767 pesos, as damage to the federal treasury.

Meanwhile, Alonso Aguilar Zínser, defense attorney, pointed out before the Provenance Jury that the governor did not omit to declare his cumulative income. “We prove that the 42 million 113,844 pesos constituted the amount of the price for the sale of the apartment located in the Santa Fe neighborhood, acquired by the governor and his wife.”

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