Alejandra Cuevas case: SCJN could show that CDMX accused her of a crime that does not exist

On the Alejandra Cuevas case, the Supreme Court of Justice of the Nation (SCJN) announced that the draft resolution that will be discussed next Monday, March 28 proposes the granting of plain and plain amparo to her and her mother, Laura Morán, and suggests ordering their immediate release.

In the project led by Minister Alfredo Gutiérrez Ortiz Mena, he emphasizes that in order to imprison Mrs. Alejandra Cuevas “a non-existent figure was used in criminal legislation: 'that of accessory guarantor'”.

According to the Constitution, there is no crime without law, therefore the bill states that the absence of the figure “accessory guarantor” is sufficient to eliminate any responsibility of Mrs. Alejandra Cuevas in the death of Mr. Federico Gertz Manero, an elderly person with different health conditions .

Laura Morán and her daughter Alejandra Cuevas were held by Mexico City justice authorities allegedly responsible for the murder of Federico Gertz Manero, brother of the current Attorney General of the Republic. The accusation brought by Alejandro Gertz Manero asserts that they were negligent in the care of the deceased, arguing that Mrs. Laura, as a concubine (and Alejandra because she is the daughter of the latter), had to take care “with all diligence” to prevent his death.

In its new bill, the Supreme Court considered that in the criminal proceedings the accused were assigned the duty to safeguard the life of Federico Alejandro Gertz Manero, and explained that in the case of Laura Morán it was directly and Mrs. Alejandra Cuevas indirectly or incidentally.

Therefore, the ministers of the Court will debate whether 88-year-old Laura Morán was imposed a duty of care that exceeds the limit of what is reasonable, since according to Ortiz Mena's project, it is not possible to expect a woman without specialized knowledge and in a frank situation of vulnerability to conduct herself as if she were exceptional abilities to prevent the death of a seriously ill person. Contrary to what Alejandro Gertz Manero said in his capacity as whistleblower.

The Plenary of the Court is expected to determine that Mrs. Laura Morán cannot be held responsible for the death of her romantic partner, as she reasonably could not avoid it.

In 2021, the Supreme Court of Justice of the Nation exercised its power to attract the case and it was until March 14, 2022 that ministers discussed it for the first time, considering that on that occasion the draft resolution proposed returning the file to the courts of Mexico City under some recommendations. However, the vote was against and Presiding Minister Arturo Zaldivar proposed a substantive analysis.

Although the plenary session made it clear that there were no elements for the authorities of the Mexican capital to order Alejandra Cuevas preventive detention, at that time the necessary number of votes was not reached to grant the smooth and plain amparo ordering immediate release. For this reason, the accused's imprisonment was unnecessarily extended, claimed the family of Cuevas.

Although it is expected that the plenary will vote to grant the amparo that will result in the immediate release of Alejandra Cuevas and the total exoneration of Laura Morán, for some analysts what will become clear is that the Mexico City Prosecutor's Office and the capital's judiciary finalized the case against the first of them based on a crime which does not exist in the penal code, since the bill to be discussed this Monday clearly states that there is no crime if it is not specified in the current law.

The Supreme Court this week advanced the points and meaning of the project by Minister Alfredo Gutiérrez Ortiz Mena, which will have to be discussed and voted on in plenary, making it clear that only what is established in the judgment will have legal value, once the case is resolved.

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