Heriberto Barrientos
The newspaper
Friday, April 24, 2020 | 20:59
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Chihuahua.- A total of 489 inmates who are serving different sentences for health crimes and who are held in the eleven state censuses dependent on the Undersecretariat of the Penitentiary System, Execution of Penalties and Judicial Measures in Chihuahua, could be the largest prison group seeking to obtain the Freedom with the benefit of the Amnesty Law, which was published by the Ministry of the Interior (Segob) in the Official Gazette of the Federation (DOF) and entered into force this Thursday.
Of the total of 8,277 women and men who are deprived of liberty for the commission of crimes, in the case of abortion there are no convicted or prosecuted, the state authority reported. Due to simple theft of a federal nature, few are indicated by the State Attorney General’s Office (FGE) and the majority are out of prison with some precautionary measure.
However, in the category of crimes against health, where the prison population is 489 people, according to the most recent record provided this week to El Diario, it is where the largest group of eventual applicants is located.
With the enactment of the Amnesty Law last Wednesday, the Federal Government intends to release from all prisons in the country those who have committed crimes considered “not serious” and to release vulnerable groups from prison, arguing the risks of contagion due to the Covid-19 pandemic.
These include those prosecuted and sentenced for abortion, kinship murder, health crimes, sedition, and simple robbery without violence.
However, for each crime, certain requirements must be met in order to release the accused, for example, in the case of crimes against health, it refers to the fact that only those who committed this crime will be benefited because they are in poverty or of extreme vulnerability; for having a permanent disability; likewise when the crime has been committed by indication of the spouse, among other factors.
The decree states that in the case of those sentenced, the necessary actions will be taken to order their release, while in the case of people subject to criminal proceedings or even fugitives from justice, the Office of the Attorney General of the Republic (FGR) the withdrawal of the criminal action.
In this regard, the State Attorney General, César Augusto Peniche declared yesterday to this media outlet that there was no projection of the number of inmates who could access this benefit. But he clarified that the Law only applies to the federal sphere, where each Congress of the 32 states of the country will decide whether or not to make reforms and changes to its laws.
“We have not really made the projection, but fundamentally the Amnesty Law is federal, it only applies to cases that have been processed before federal judges. In the crime of abortion there is not a single case in Chihuahua, it is ruled out, ”he explained.
On the other hand, he added, in the case of simple robbery, 99 percent are processed before the Common jurisdiction, and where there is a very small number in the federal sphere, for example those people who have stolen IMSS facilities, and CFE , etc.
He said he did not know how many cases of simple theft exist, but stated that the penalties are regularly very low, due to the options allowed by the National Code of Criminal Procedures (CNPP) that allows alternate exits or take the process under other precautionary measures to preventive detention. .
In crimes against health, Peniche Espejel recognized that 90 percent are for drug dealing, and only in those cases where it goes beyond simple possession, it is within the sphere of federal courts.
But that does not imply that those who are held under this classification of crimes, request the benefit of amnesty.
In the opinion of the FGE holder, the impact of the federal Amnesty Law will be small and marginal.
“What I see is that the intention of this Amnesty Law is not in its immediate application, but rather its importance lies in the transitory articles, since it mandates the Segob to manage the issuance before each state of the Republic of a local Law, before the state congresses, there would indeed be a greater impact. The intention is to open the door for local congresses to legislate for this purpose, it will be up to each federal entity to determine it, “concluded Peniche Espejel.
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