A federal court granted relief to Osiel Cardenas Guillen, former leader of the Gulf Cartel, who wants to close a criminal process initiated against him so that he can no longer be detained in Mexico after his release.
The ruling orders the revocation of the resolution issued on November 9, 2022, where criminal proceedings were ordered in respect of the offense of possession of cartridges for firearms for the exclusive use of the armed forces, and where the statute of limitations I was denied criminal proceedings for the offense of carrying a firearm.
Investigating Magistrate Jorge Mario Montellano Iturralde of the First Collegiate Court of Appeal of the Second Circuit announced the arguments of the defense, who alleged that the crimes against his client had already been committed after his arrest in March 2003 and his extradition in 2007. Were. ,
For this reason, it ordered another court to re-analyze the case and rule on the issue again.
According to the consulted file, the defense indicated that the crime attributed to its client occurred on March 14, 2003, the year the preliminary investigation began, so the prosecution was obliged to bring criminal proceedings since he was detained. In flagrant delicto, but this did not happen until two years, four months, and seventeen days later, when the preliminary investigation was registered.
“The above exposes the bad faith under which the social representation was conducted, because that period cannot be counted for the purposes of prescription; “However, this may be considered an unusual procedural conduct, which under a broader analysis reinforces the fact that no timely action was taken in the original case,” mention the allegations analyzed by the Court.
“The extradition of my defendant was an extradition under the modality of deferred extradition, that is, it meant that he would first have to face for reasons that were being investigated on the national territory and once these were concluded, So the delivery must be carried out. The same is true for the requesting country, therefore, since this condition has not been respected, the time that has passed cannot be detrimental to my client,” he expressed.
However, without any request, the Ministry of External Affairs (SRE) and the Social Representation ordered the release of Osiel Cárdenas pending his delivery to the United States “under a scheme of illegality.”.
“Consequently, the same federal social representation was that which caused the inaction of the criminal action in the root cause, so a period of time passed under which no action for the purpose of criminal prosecution was, could not be, done at each of its stages. Detrimental to the client, therefore, the prescription of criminal action has become effective,” the defense argued.
“Similarly, this defense stated that the present case has not been suspended, although as per the provision dated September 28, 2007, the judge hearing the case at that time had ordered suspension of the process; The said determination was annulled by the Fourth Unitary Court of the Second Circuit by resolution dated November 30, 2007; Specifically, at the time when the specific events attributed to my rescue occurred, the figure of ‘suspension’ did not exist within Article 19 of the Constitution and it was not until the constitutional reforms of June 18, 2008 that the aforementioned suspension was regulated. ” said the legal representative of the former leader of the Gulf Cartel.
Osiel Cárdenas is considered the boss who changed the way drug trafficking cartels operated in Mexico because, in addition to drug trafficking, his organization and its then-armed wing, ZetasHe also devoted himself to other crimes, include kidnapping, fare extortion, migrant smuggling, human trafficking and hydrocarbon theft.