The crime of treason against the nation has been invoked by the Attorney General’s Office (FGR) on two occasions: once in connection with the abduction of cartel leader Ismael “El Mayo” Zambada, and more recently against the former prosecutor of Chihuahua, César Jáuregui, following an operation in the Sierra de El Pinal that involved the presence of agents from the United States Central Intelligence Agency (CIA).
This offense is defined under Articles 123 through 126 of the Federal Penal Code and carries penalties of up to 40 years in prison.
Article 123 outlines sanctions for acts directed against the independence, sovereignty, and territorial integrity of Mexico, as well as specific forms of collaboration with foreign forces.
Article 124 penalizes the formation of offensive alliances with other states that could provoke a war against the country.
Article 125 penalizes the incitement to recognize a government imposed by an invading power, while Article 126 stipulates that the corresponding penalties also apply to foreign nationals who participate in the crimes defined within this chapter.
The cases: ‘El Mayo’ and César Jáuregui
The first case concerns the abduction of Sinaloa Cartel leader Ismael “El Mayo” Zambada and his subsequent transfer to the United States on July 25, 2024.
During the six-year presidential term of Andrés Manuel López Obrador, the FGR opened an investigation to clarify the circumstances surrounding the handover of the criminal to U.S. authorities.
In October of that year, the agency announced that it had gathered sufficient evidence to move forward with formal legal proceedings and had requested an arrest warrant for Joaquín Guzmán López—son of cartel leader Joaquín “El Chapo” Guzmán—who allegedly handed over “El Mayo.” The second case was made public on October 17, 2026.
The head of the FGR (Attorney General’s Office), Ernestina Godoy, reported that her agency had executed an arrest warrant for César Jáuregui Moreno, the former Attorney General of Chihuahua.
According to the official statement, a federal judge issued the warrant following more than one hundred investigative actions related to an operation carried out in April of this year in the Sierra de El Pinal—located in the municipality of Morelos, Chihuahua—where a clandestine drug laboratory was subsequently seized and dismantled.
Four agents from the United States Central Intelligence Agency (CIA) were present at the site; two of them died in a car accident while returning from the operation.
The Prosecutor’s Office stated that Jáuregui allegedly permitted the unauthorized participation of two U.S. citizens in the operation—involvement that, according to the institution, fell under the jurisdiction of federal authorities.
This is what the Federal Penal Code says regarding treason against the nation:
Article 123.—Any Mexican national who commits treason against the nation in any of the following ways shall be subject to a prison term of five to forty years and a fine of up to fifty thousand pesos:
I.—Performing acts against the independence, sovereignty, or integrity of the Mexican nation with the intent of subjecting it to a foreign person, group, or government;
II.—Participating in acts of hostility against the nation through military actions under the orders of a foreign state, or cooperating with such a state in any manner that could harm Mexico;
IV.—Willfully destroying or removing markers that define the boundaries of the national territory, or causing such markers to become ambiguous, provided that this results in a conflict for the Republic or occurs while the Republic is in a state of war;
V.—Recruiting individuals to wage war against Mexico, with the assistance or under the protection of a foreign government;
VI.—Maintaining, in times of peace or war, relations or communications with a foreign person, group, or government, or providing them with instructions, information, or advice for the purpose of facilitating a potential invasion of the national territory or disrupting internal peace;
VII.—Willfully and without authorization, in times of peace or war, providing a foreign person, group, or government with documents, instructions, or data concerning facilities or potential military activities;
VIII.—Concealing or assisting an individual who commits acts of espionage, with full knowledge that such acts are being carried out;
IX.—Providing a foreign state or armed groups led by foreign nationals with the human or material resources to invade the national territory; facilitating their entry into military installations; handing over—or causing to be handed over—combat units, food supplies, or military materiel; or preventing Mexican troops from receiving such necessary support. Article 124.- A penalty of five to twenty years in prison and a fine of up to twenty-five thousand pesos shall be imposed upon any Mexican who:
I.- Without complying with constitutional provisions, enters into or executes treaties or pacts of offensive alliance with any State—which result or may result in war between Mexico and another nation—or permits foreign troops or military units to enter the country;
II.- In the event of a foreign invasion, contributes to the establishment of a de facto government in territories occupied by the enemy—whether by casting a vote, participating in meetings, signing official records or petitions, or by any other means;
III.- Accepts employment, a position, or a commission from the invader, or—having previously held a position legitimately—continues to perform its duties in the occupied territory for the benefit of the invader; and IV.- Through acts neither authorized nor approved by the government, provokes a war.
Article 125.- A penalty of two to twelve years in prison and a fine of one thousand to twenty thousand pesos shall be imposed upon anyone who incites the public to recognize a government imposed by an invader, or to accept a foreign invasion or protectorate. Article 126.- The same penalties shall apply to foreign nationals who participate in the commission of the offenses referred to in this Chapter, with the exception of those provided for in subsections VI and VII of Article 123.
The two official cases
Official statement: August 11, 2024
In statement FGR 415/24, the Attorney General’s Office (FGR) announced that it had opened an investigation file, numbered SON/HSO/0001/882/2024.
Among the offenses under investigation, it cited:
Illicit flight
Illicit use of aviation facilities
Violations of immigration and customs laws
Kidnapping
Treason against the nation
Other offenses that may emerge from the investigations
The underlying event
A case recorded on July 25, 2024, when the leader of the Sinaloa Cartel, Ismael “El Mayo” Zambada García, was kidnapped by Joaquín Guzmán López, son of the kingpin Joaquín “El Chapo” Guzmán.
Both arrived in the United States on an aircraft from Mexico, under circumstances that prompted an investigation by the Attorney General’s Office (FGR).
Source: Milenio
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