Judge suspends Javier Duarte's conviction

Duarte claims he and the Peña Nieto administration staged his arrest

Judge suspends Javier Duarte's conviction
Javier Duarte was arrested in 2017 - Photo: Luis Cortés/EL UNIVERSAL
English 23/07/2019 14:08 Diana Lastiri Mexico City Actualizada 14:17
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An arraignment judge ordered the suspension of Javier Duarte's conviction until the writ of amparo filed by his lawyer is solved, nevertheless, this does not mean Duarte will be freed.

On July 18, arraignment judge Marco Antonio Fuerte Tapia, demanded the suspension the execution of a conviction of 9 years in jail, an MXN $58,890 fine, and the seize of 41 properties.

Nevertheless, this doesn't mean Duarte will be freed from jail, but rather that his legal status has changed and that he is now in justified preventive custody until the amparo tribunal rules that his conviction is lawful or not.

After the judge issued the suspension, nor the fine or the properties can be seized yet.

Fuerte Tapia's verdict was the result of a provision suspension granted to Duarte after he filed a writ of amparo before the First Collegiate Tribunal in Criminal Matters in Mexico, which was approved by two of its magistrates.

In his lawsuit, Duarte claims that on September 26, 2018, during the summary trial the former Veracruz Governor consented to with the Attorney General's Office, then known as the PGR, he pled guilty to criminal association and money laundering, after he diverted MXN $1,670 million from the government of Veracruz; therefore, he was sentenced.

Then, Duarte appealed but claims that someone filed a motion without his consent, allegedly signed by him, to desist from objecting.

Therefore, the former Veracruz Governor is hoping that the Collegiate Tribunal will annul the agreements where his conviction was declared, where he desists from his appeal and the resolution that will cost him 9 years in jail.

A source with knowledge of the case confirms that Duarte's legal team is analyzing the possibility of using the same arguments as the amparo judge, who said that the financial information obtained by the Financial Intelligence Unit, then used by the PGR to obtain an arrest warrant against one of Duarte's aides, is considered as illegal evidence.

Last week, Javier Duarte released a video that shows the moments before his detention, where he explains he staged his arrest in collaboration with the Peña Nieto administration. He has also claimed that former President Peña Nieto gave him money to bribe high-ranking officials.

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