Public defender achieves change in Mario Aburto's sentence
The Collegiate Court granted the protection and protection of federal justice in favor of Mario Aburto Martínez, ordering that the the sentence handed down on December 22, 1994 around then Second Circuit Unitary Court, which sentenced him to 45 years in prison for the crime of qualified homicide.
On April 21, 2021, the Public Defender's Office filed a request for direct protection against said ruling. In a resolution issued on October 5, 2023, the Collegiate Court determined that the Unitary Court issues a new sentence in which the criminal type is transferred to the Penal Code of Baja California, applicable by virtue of the place where the events occurred, and not the Federal Penal Code.
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That is to say, the Code applicable to the case was the local one, which for the crime of homicide for which Mario Aburto was sentenced, at the time of the events, established a maximum penalty of 30 years in prison.
The ruling establishes: "Based on the aforementioned typical transfer, analyze the crimes that are the subject of the accusation, as well as the criminal responsibility of the complainant in its commission and impose the corresponding criminal sanctions."
"With the understanding that the already estimated legal situation of the convicted person cannot be aggravated. Additionally, it must be verified whether, as a result of the normative transfer, the complainant can obtain his personal freedom with respect to the criminal case that gave rise to this matter. ”
It should be noted that the above does not imply an acquittal but, where appropriate, compliance with the sentence adjusted to the standard determined by the Collegiate Court as applicable.
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Hence, The Ombudsman hopes that the new sentence will be issued in the coming dayswhich releases Mario Aburto and considers the sentence served based on the applicable local law.
Finally, we do not omit to point out that A criminal investigation remains open into the acts of torture committed against Mario Aburto, that, through another amparo trial presented by the IFDP, it was established that it should be conducted by the Prosecutor's Office specialized in torture matters and that it must still be integrated to establish the relevant responsibilities.
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