Judge must reinstate Juan Collado procedure by which he was linked to the process

Cesar Arellano and Gustavo Castillo

Newspaper La Jornada
Friday June 10, 2022, p. fifteen

A federal judge must reinstate the procedure in which the attorney Juan Collado Mocelo was issued a warrant to process the crime of specific fraud and requested a period of 20 days to comply with the sentence issued by the seventh collegiate court in matters prison, based in Mexico City.

Collado’s defense demonstrated before the collegiate court that various violations of due process were committed by the former lawyer of personalities such as former oil leader Carlos Romero Deschamps and former presidents Enrique Peña Nieto and Carlos Salinas de Gortari.

According to the background of criminal case 174/2020, Judge Juan Carlos Ramírez Benítez issued an order linking Collado Mocelo to trial within the accusation that the Attorney General’s Office (FGR) presented against him for his alleged responsibility in an investigation that was initiated by operations of resources of illicit origin related to the release of 76.5 million euros that had been deposited in Andorra.

Last March, the magistrates of the collegiate revoked the ruling of the eleventh district court of amparo in criminal matters, which last year denied Collado Mocelo the protection of federal justice against the order linking him to the process that was issued in September of 2020 and imposed him as a precautionary measure justified preventive detention.

In his resolution, the collegiate resolved that there were substantive violations, among them because the complaint from the Ministry of Finance and Public Credit was not filed on time when the investigation folder was prosecuted, so the process must be reinstated and the judge of control must substantiate the reasons why a different legal classification was given to that assigned by the Public Ministry, to respect the right of defense.

In other words, it is not being investigated whether Andorra’s resources are illicit or not, the bottom line is to establish whether Juan Collado committed a crime.

Therefore, a new hearing must be held where the procedure is reinstated and the judge determines whether or not they are linked to the process for the specific crime of fraud.

Collado Mocelo is also deprived of liberty for the crime of organized crime and operations with resources of illicit origin.

However, the collegiate argued that the rules of due process were not respected, since the responsible control judge, when reclassifying the crime formulated by the Public Ministry, did not give the accused the opportunity to debate in his defense regarding the new classification. .