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Friday, July 29, 2022

Z-40 Granted Amparo to Not Be Tried Again for Organized Crime

"Socalj" for Borderland Beat

Miguel Ángel Treviño Morales, Z-40, former leader of the Los Zetas Cartel, obtained an injunction from a federal court so that he would not be tried again for crimes he had previously faced.

The resolution dates back to a decision in 2014 of the Fourth District Court of Federal Criminal Proceedings in the State of Mexico, derived from criminal case 93/2012-VI since it considered that there was a violation of the non-bis in idem principle, which It establishes that the same person should not be judged twice for the same act.

This was due to the fact that a process had already been initiated (criminal case 68/2012) regarding Z-40's membership in the criminal organization at the same time.

After years of appeals by the Public Ministry of the Federation, as well as Amparos promoted by the capo's defense, the Attorney General's Office (FGR) presented another accusation (criminal case 50/2018) which it attributes to Miguel Ángel Treviño being the leader of the criminal group, as well as operating in some regions of the national territory and committing various crimes.

Faced with the last accusation of the FGR, the defense of Treviño Morales filed an appeal for review, for which the Second Collegiate Court of the Nineteenth Circuit, based in Ciudad Reynosa, Tamaulipas, determined that this new accusation also violates the principle of not try a person twice for the same crimes.

“The crime of organized crime, in those periods of time and geographical areas, was already a matter of judgment, and therefore to judge it again for organized crime, of course, that violates that principle of non-bis in idem”, declared the presiding magistrate José Manuel Quistián Spericueta.

Additionally, he explained that it is possible to try El Z-40 for new criminal acts, as long as his participation in the events is proven, regardless of whether or not they are linked to organized crime.

"If events are found at different times, different facts, different victims, those facts will facilitate an autonomous trial, not organized crime," the magistrate declared.

Source Infobae

35 comments:

  1. Seems strange that it's considered double Jeopardy (essentially) if you are initially charged with being a cartel member, and then, after further investigation, they find enough evidence to charge you with leading a cartel group.

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    1. Maybe but that wasn’t my understanding.
      "If events are found at different times, different facts, different victims, those facts will facilitate an autonomous trial, not organized crime," the magistrate declared.

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    2. Hmm. Interesting. Ok. I wonder how big the time window is in the original case in order to constitute the "same time" vs "different times".

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    3. I see your perspective/question. What I interpreted by "different times" was 1) incidents that may have previously occurred but that are yet to arise, and 2) and perhaps foremost; ongoing leadership decisions since zero 40's trial. Again good question and it is a bit obscure.

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    4. HEARST, I read in 'Wolf Boys' that he was telling everyone that they would be set once "Their Man" was elected President, but Caulderon won and the war on narcos rat hated it up. Seems strange that that "Their Man" is now president and he gets a sweetheart deal, no? BTW, love your writing style. Be safe out there.

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    5. Federal crimes supersede state charges, kingpins are also responsible for all the crimes their cartel members commit, the US might want to try his ass for the trafficking, but shot looks bad for local tejanuses as for local Reynosans.
      The governor of tamaulipas was convicted by the federal government but the local congress refused to allow the consequences or punishment for the "sitting governor" that owns them...
      extradite his ass to the US and deal with zeta chorrienta when he returns.
      Other people in México get convicted two or three times for the same crimes they were not guilty in the first place, zeta chorrienta has not even been cuffed yet.

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  2. The head of the Zetas !!!! Really does not surprise me Mehico laws favor the criminals but so do American laws where drug junkies are heroes and "activist " embezzle donations

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    1. 12:08 Criminal donation stealing drug addicts have not been mass murdering cops...
      Well educated cops with all the latest training and equipment have been failing society with their crimes big and small...

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  3. When is this scumback going to be extradited to do real time he had blood on his hands or Lopez obrador afraid he might spill the beans on him and pena nieto? He still needs to answer to the us government for having people killed in Texas through juvenile us hitmen one of them Rosalio reta doing time at TDC.

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    1. Agreed. After that, he should be locked up in Range 13 in ADX where he slowly goes insane. Initially I thought there is no reason this reptile should allowed to breath another ounce of oxygen but then I figured insanity would be a better option. Hopefully we can make him go so crazy that he has to be restrained from eating his own limbs.

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  4. Since when does double Jeopardy apply in Mexico? Money talks and those that can't pay stay in jail

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    1. Read your own comment before posting hopefully common sense will kick in and save you from looking like a fool

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  5. If it's true about what he did to those people on that bus they took with all kinds of women and children aboard, as well as, the men they should have given his as- the death penalty for the massacre ....It made me sick reading it that somebody could do something like that

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  6. Why does it take so long for court cases in Mexico? If he manages to escape would he return to the game or go into hiding?

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  7. Looks like they ran over his face

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    1. He did try to flee during the arrest so who knows how hard he fell and perhaps the boots of the arresting officer even 'fell' on his face once or twice...

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  8. I dont get it. Why isnt this animal warming a concrete bed in a Super Max? Ship him out

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  9. Goof afternoon everyone.

    Say what you want about him. But I know that non of you ( Including myself )...Would not want to be in any place alone with him. Anyone that can do the things that he is known for is just scary.

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    1. Jajajaja.
      Blanko/Rubio.
      Mano a mano?

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    2. As a double belt in jiu jitsu and brown belt in taek won do and having sparred with Chuck Lidell in san luis obispo at his gym several times i wouldnt be scared to share a cell w him if he had no weapons. I would take care of him no problem.

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    3. So the victims and z40 had/has a lot of info?Well so does El Chapo.

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    4. Put him in with the booty bandit who likes to “play house” every day & let’s see what happens…? “Do you want to be the mommy or the daddy…?” Lol

      -Holden D. Cash


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    5. Holden wassup. Ok to the guy that does martial arts. I studied tae kwon do and also Muay Thai. I still fight for sportsmanship. And not to say that someone couldn't beat Z40. What I meant is that even if you can hear him. It's still a pretty scary person overall. Say what you want. But he will kill you, or get you killed without even blinking. Most of us would do it in self defense. And even then we will possibly pause. He won't. To be around someone that you life is the same as him killing a mosquito. Is crazy. And not to mention the brutal ways and things z40 has participated in. Let's be real. Most of you would be shitting or would freeze if he was standing in front of you. Not glorifying, neither I like the guy. The same could be said of Mochomo, or Chapo, or Chapo Isidro, or El Botas blancas, Ondeado, even chino anthrax. All those guys are stone cold killers. I would not want to be around any of them.

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    6. 8:23 the one i would be scared shitless would be probably El Lazca that fool was on another level

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    7. Let’s be real. The guy had dozens of armed men with him usually goin against innocent unarmed people. He is a short stubby out of shape punk killer! I’ve done time with many killers and most are cowardly punks who don’t fair well in a man on man violent incident. I have extorted many killers and so called crazy ones. Very easy to be a predator amongst prey. This punk will never be a predator amongst predators!

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  10. Why doesn't the US want to extradite him? It puzzles me.

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    1. Allende massacre was going to cover up lot of dirty politicians if z40 was made to talk in other side I believe

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    2. 8:30 general Luis Crescencio Sandoval presided over the Allende Massacre and the carniasadas in Piedras Negras carcel, but he never knew it was illegal or that there were zetas or complaints against them...
      La Chencha still does not recognize he is full of shit.

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  11. @1:20 I know. Looks like he beat up somebody's boots with his face.

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  12. I wonder if this guy snitched like the sinaloas or maybe he has not snitched and thats why they dont want to send him to the USA by the way mexico is also know as the USM United States of Mexico for all yall who say the US, mexico is also an US

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  13. There is a good (and sickening) documentary from prior zeta sicario Rosalio reta (the kid that put those clown tats on him in prison), the documentary talks about some of things he witnessed Trevino do.

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  14. Throw him into a well

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  15. Why hasn’t he been extradited?

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  16. he deserves nothing but death for the heinous crimes he committed and ordered.

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