Marco Legal Del Derecho Penal Mexicano

November 16, 2022

Marco Legal Del Derecho Penal Mexicano


The offence is defined in the federal Criminal Code as a criminal act or omission. The doctrine and some of the criminal codes of the States provide that any person who, at the time of committing the crime, is unable to understand that it is a crime, because of a mental disorder or a delay in intellectual development, will be excluded from a crime. In such cases, the judge assesses, on the basis of the evidence and expert opinions, the degree of imputability and, on this basis©, imposes appropriate sanctions and security measures, if necessary. In the field of criminal law, age is an important factor, minors under 18 years of age ± who engage in acts classified as criminal offences under the Criminal Code are subject to special legal provisions for them. Not bad! Let`s stop during the reading to give you a recommendation, because to better understand criminal law, it is necessary that you read about famous Mexican lawyers that you should know, some of them are doctrinaires and jurists in the present. In Mexico©, there is the National Act on the Comprehensive Criminal Justice System for Minors, which is applied throughout the Republic and applies to minors (minors) between the ages of 12 and 18 ± who are recognized as acts classified as crimes under criminal law. Similarly, it is important to know the legality of our actions in a society, so as not to violate positive law and to prevent the full weight of the law from falling on us. In this way, the ancient jurists created a legal-criminal science to analyze the existing criminal law and build a system of categories correlated with crime and punishment and integrated into different theories: the penalties and security measures established in penal codes include: prison; community service; Childbirth; prohibition of travel to a certain location; fines (compensation for ±damages); confiscation of instrumentalities, objects and proceeds of crime; Admonition; notice; Placement of tracking and surveillance devices, among others. In Mexico, unlike the above-mentioned nationals, there has been a life sentence since 2011, which in the current penal code establishes the sentence of life imprisonment for various crimes such as kidnapping with torture and death, murder of journalists and police officers, multiple murders and extortion. Criminal responsibility is personal and non-transferable, it concerns only the person who committed the crime.

This means that no one can serve a sentence for another person in any way. Criminal law is no exception, let`s review some of them in the Mexican legal framework: The Federal Penal Code is applied throughout the Republic for: federal crimes; offences initiated, prepared or committed abroad if they produce or are intended to produce effects throughout the territory of the Republic; offences initiated, prepared or committed abroad, provided that a treaty binding©Mexico provides for an obligation to extradite or prosecute and, under certain conditions, does not extradite the person who may be responsible vis-à-vis the requesting country; and for crimes committed in Mexican consulates or against their employees if they have not been brought to justice in the country where they were committed. The exclusion of offences is a figure which implies that an offence cannot be considered to exist if certain types of conduct are committed with the aim of protecting certain own interests or other legal interests, or if there is no intention to commit the offence, even if one of the behaviours that integrate it is committed. Criminal codes set out the grounds for exclusion from criminal offences. For example, in public transport, a subject activates a weapon, wounds and kills several passengers, before this fact, one of the passengers, fights this criminal act and faces the imminent danger of being seriously injured or deprived of life©, him or other passengers, kicks, injures the head and kills the attacking subject. In this case, the passenger acted as a legal defense, he did not intend to kill the attacker, that is, to commit the crime of murder. These jurists were the creators of the “Law of the XII Tables” and subsequently the Emperor Justinian created the greatest contribution to humanity in terms of rights, the “Corpus Iuris Civilis”. Ultimately, criminal law aims to strengthen the rights of each person in a given territorial political territory and to establish peace in the community. The objective aspect of criminal law refers to the set of criminal law provisions that determine the offences, penalties and security measures applicable. States shall describe in©their provisions the acts and omissions that constitute crimes and their respective penalties. These are, like other principles, doctrinal guidelines that have served as the basis for the construction of current criminal law by limiting the powers of the state and establishing priority rights for individuals. The legal rights that must be protected include, but are not limited to, the right to life, liberty, property and physical integrity.

These have been the foundation of any society for decades and even centuries. Moreover, in order to achieve neutrality and impartiality in the imposition of a judgment or even in the drafting of a law, judges or legislators must act outside the provisions of the general principles of law binding on any judicial body.

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