The protection given to Mario Aburto, killer of Luis Donaldo Colosio, does not mean an acquittal, but the fulfillment of the sentence adapted to the Penal Code of Baja California, says the Federal Institute of Public Defender.
The organization explained in a statement that in April 2021 it filed a direct amparo case against the December 1994 decision, which sentenced Michoacan to 45 years in prison for the crime of qualified murder.
The First Collegiate Court of Criminal Matters of the Second Circuit allowed the appeal filed in favor of Aburto Martínez, where it ordered that the sentence of the Unitary Court of the Second Circuit be set aside.
The new resolution, issued on Thursday, ordered the issuance of a new sentence based on the Penal Code of the entity, and not on the Federal Penal Code.
If the murder of the PRI presidential candidate took place in Lomas Taurinas, the Penal Code of Baja California establishes up to 30 years in prison in the case of homicide, therefore, according to press reports, Mario Aburto will conclude that the penalty of March of 2024.
“The Code applicable to the case is local, 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 institute said in a published document. on Friday.
The agency cited part of the new decision, which indicates that the Unitary Court should examine whether as a result of the transfer of the Penal Code of Baja California, Mario Aburto will get his freedom in relation to the criminal case in this matter. .
“It should be noted that the above does not mean exemption but, if appropriate, compliance with the sentence adjusted according to the custom determined by the College Court as appropriate,” explained the institute.
He expects that in the coming days a new sentence will be issued that will free Mario Aburto, and will consider reducing the sentence based on the applicable local law.
He added that a criminal investigation remains open on the torture of which Mario Aburto is a victim, the conduct of which should be the responsibility of the prosecutor’s office specialized in matters of torture due to another amparo case filed .