A Federal Court reversed the Attorney General’s Office (FGR) because it declared unfounded his appeal seeking to overthrow the decision of the judge who entered under the protection of the governor of Tamaulipas, Francisco Javier Garci’a Head of Cow, and that restrained the execution of apprehension order.
The FGR alleged that Faustino Gutiérrez Pérez, Eighth District Judge in the State of Tamaulipas, did not have to admit the lawsuit as unfounded, as the Chamber of Deputies issued the declaration of origin for the outrage of the governor, A decision that is unassailable.
Unanimously, the First Collegiate Court of the Nineteenth Circuit determined that the judge “acted prudently” in admitting the lawsuit, noting that the acts claimed by Cap de Vaca may be in violation of fundamental rights. .
They made it clear that the judge did not state that the complainant retained his jurisdiction, nor did he point out that the act complained of consisted of the violation or withdrawal of procedural immunity, as sought by the FGR in its grievances.
The file mentions that the governor stated that the authorities have not waited for him to conclude his term, which will happen until October 2022 and that, although the Chamber of Deputies set up as a Jury of Origin, determined to withdraw the procedural immunity to him, does not count on the homologation of Congress the State of Tamaulipas, since this last one determined not to homologate the Declaration of Origin of the Congress of the Union.
In addition, the governor added that the effects of the declaration of origin are being challenged through a constitutional controversy he promoted before the Supreme Court of Justice of the Nation (SCJN).
The magistrates of the Collegiate Court pointed out that the declaration of origin provided for in article 111 of the Constitution, constitutes a requirement of admissibility without which it is not possible to prosecute against public servants, but does not prejudge with respect to the criminal prosecution, since the Constitution itself provides that an adverse resolution of the Chamber of Deputies does not prevent that once the public servant has completed the exercise of his mandate, the imputation by the commission of crime continues its course.
The protection of Francisco Javier questions the power of the public prosecutor to integrate one or more research files and request arrest warrants against him for the crime of operations with resources of illicit origin, when he is still governor of the state of Tamaulipas.
The FGR said in its allegations that, in the case of the governors, the Declaration of Origin is for the purpose of communicating to the local Legislatures, so that in the exercise of their powers they proceed as appropriate, which in concordance with Article 84 of the Political Constitution of the State of Tamaulipas, involves separating the accused from his charge.
The Court pointed out: “Therefore, it is estimated that the District Judge acted prudently in admitting the claim for protection with respect to these acts of authority, as the respective ruling requires more data and a more exhaustive study, which is typical of the final sentence “.
IR