Court 'Removes' Arrest Warrant Against Genaro García Luna

"Sol Prendido" for Borderland Beat

A Federal Court reportedly threw out the arrest warrant against Genaro García Luna. Here is everything we know.

A Federal Court overturned the arrest warrant issued against Genaro García Luna, former Secretary of Public Security, who was indicted by the Attorney General's Office (FGR) for his alleged responsibility in the crime of illicit enrichment for 43 million pesos.

This led the FGR to announce that it will legally proceed against the control judge, Gerardo Genaro Alarcón López, who initially denied the order, and the magistrates of the First Collegiate Court of Appeals in Criminal Matters of the First Circuit who confirmed such denial, "since they acted against the administration of justice".

The Attorney General's Office stated that it initially obtained from another judge the arrest warrant for illicit enrichment against García Luna, for having discovered an unjustified income, initially of more than 43 million pesos during his tenure as a public servant from 2000 to 2012, and without the funds being recorded in his tax and patrimonial declarations, which is confirmed by expert accounting diligences.

However, now, the First Collegiate Court of Appeals in Criminal Matters of the First Circuit, resolved to deny the injunction obtained.

"The above, even though with the evidence provided to the jurisdictional authority, it is demonstrated that his patrimony is disproportionate and unjustified in relation to his legal income, which violates the principles of legality and due process", indicated the Attorney General's Office.

The Court integrated by magistrates Alberto Torres Villanueva, Manuel Bárcena Villanueva and Gabriela Guadalupe Rodríguez Escobar, mentioned the Attorney General's Office, violated article 224 of the Federal Criminal Code in force at the time of the facts, which established:

"Whoever, by reason of his employment, position or commission in the public service, has incurred in illicit enrichment shall be punished. There is illicit enrichment when the public servant could not prove the legitimate increase of his patrimony or the legitimate origin of the assets in his name or of those in respect of which he conducts himself as owner, in the terms of the Federal Law of Responsibilities of Public Servants...", took the mentioned decision.

Due to the above, the social representation will initiate legal proceedings against the control judge of the Federal Criminal Justice Center in the North Prison, Gerardo Genaro Alarcón López, who initially denied the order, and the magistrates who confirmed said denial.

The FGR made it clear that there are three other arrest warrants in force, for different crimes against García Luna.

Milenio