MXICO City (proces.com.mx). Rosario Robles-Perlanga’s defense before the Prosecutor General of the Republic (FGR) formulated his request to end the trial he faces for unlawfully practicing public service – in the form of an omission -, through a brief procedure.
Set out in the National Criminal Procedure Act (CNPP), the brief procedure indicates that the former Secretary for Social Development (Sedesol) and Agricultural, Regional and Urban Development (Sedatu) is willing to admit her criminal responsibility or guilt for the crime committed by his accuser, in exchange for a reduction of up to a third of the prison sentence That belong to him.
In this way, Robles Perlanga will accept that he is responsible for the two charges brought against him by the Prosecutor for having committed the crime of unlawful practice of public service, in the form of negligence, for failing to prevent or inform his superiors in the hierarchy of the alleged transfer of 5000 million pesos resulting from the so-called “master fraud” The two dependencies that you head.
At the conclusion of the criminal proceedings against Robles, which took place in August of last year, the FGR requested a 21-year prison sentence against the former president of Sedisol and Sediato, on the grounds that it was an ongoing crime and that it was an aggravating public servant status.
The official indictment presented on that occasion stated that the crime of unlawful practice of public service, stipulated in Article 214 of the Federal Criminal Code, stipulates a maximum penalty of up to seven years in prison when the accused or accused, due to his work, has a position or commission and knowledge of crimes It may affect the legacy or interests of any central federal public administration agency or entity, ignore or not inform their hierarchical superiors of such illegal behavior.
Due to the fact that Rosario Robles has incurred omission in two different agencies and consistently, Sedesol and Sedatu, the FGR estimated that a maximum penalty should be applied by adding the two counts of illegal practice of public service to the accumulation of 14 years in prison.
Additionally, seven years in prison would be added for her quality as a maid while Robles served as Secretary of State. That is, the prison sentence against Robles after reaching an agreement could be 7 years.
However, CNPP also expects that the FGR may amend its original petition, and reclassify the offenses, in order to offer a greater benefit than the one that was charged.
The said amendment will be presented at the control judge’s hearing, when the parties have already negotiated the terms of the brief procedure. In rethinking, FGR can remove aggravations from Robles, leaving out the maximum sentence at 7 years.
The third part of the said sentence will be 2 years and 4 months, allowing Robles to regain his freedom through precautionary measures other than preventive imprisonment.
The possibility that Robles would plead guilty to two counts of the same crime was revealed last week, the date on which the mediation hearing of the trial following the former president of Cedisol and Sedatou was due to take place.
Before the defense presentation, Alejandro Villar Ceballos, the probation judge attached to the Federal Center for Criminal Justice in the South Prison, suspended the mediation session that began at 10 in the morning and rescheduled it to 27 February.
The Federal Judicial Council explained that at the time of the suspension of the mediation session, the probation judge asked both Rosario Robles’ defense and the Attorney General whether they had actually formalized the said agreement.
The two parties responded that there was only an oral agreement, so the judge in the case urged them to formalize the said agreement. With the presentation of the official document, the two parties met that first period.
In the next 15 days, the defense of Rosario Robles and the FGR must reach an agreement that will be brought before the probation judge himself at the hearing on 27 February.
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