Background on the Extortionist and Relevant Parties
The Supreme Court of Justice of the Nation (SCJN) will decide this week that a Collegiate Tribunal issue a new sentence against an extortionist, as the current 40-year prison term and a 700-day fine deviate from the court’s established criteria.
The extortionist, whose name has been withheld, was approached by three individuals, including the complainant who initiated the legal proceeding under review, on August 2, 2019, around 11:45 AM. These individuals claimed to be hired killers from a criminal organization and demanded 6,000 pesos in cash monthly to prevent setting fire to the business premises. The victim only managed to pay 2,000 pesos before one of their employees arrived with several police officers, accusing these subjects of extortion. Consequently, the extortionists were arrested.
Loretta Ortiz Ahlf’s Proposal for a New Sentence
As the ponente, Loretta Ortiz Ahlf proposes to overturn the appealed sentence and return the case to the Collegiate Tribunal of Circuits for a new determination, adhering to the Supreme Court’s guidelines.
“Therefore, it is appropriate to overturn the appealed sentence because the Appellate Tribunal did not violate the right to a fair trial for the reasons it determined, and there is no evidence of the violation that warranted the granting of the habeas corpus for the intended purposes.”
Legal Proceedings and Claims
Through a direct habeas corpus lawsuit, the complainant contested the fabrication of their detention, lack of thoroughness, insufficient evidence, and requested a comprehensive examination of constitutionality as well as the proportionality of the penalty for extortion in the State of Mexico.
Key Questions and Answers
- Who is the extortionist? The extortionist’s name has been withheld in the article, but they were approached by three individuals, including the complainant, who demanded monthly payments to prevent damaging their business.
- What is the current sentence? The extortionist was sentenced to 40 years in prison and a 700-day fine, which the SCJN deems inconsistent with established criteria.
- What is Loretta Ortiz Ahlf’s role? Loretta Ortiz Ahlf is a justice on the SCJN who proposed overturning the current sentence and returning the case to the Collegiate Tribunal for a new determination.
- What are the complainant’s claims? The complainant contested their detention, lack of thoroughness in the investigation, insufficient evidence, and sought a comprehensive examination of constitutionality and proportionality of the penalty for extortion in the State of Mexico.
