The gender violence against the women it is a problem in Mexico which has been sought to be eradicated through law and order. Therefore, to address the issue of attempted feminicideWe explain to you what it is and how many years in prison is the pena.
In the Mexican legal context, the attempted feminicide it’s a Serious felony which carries severe legal consequences. To properly understand this termis essential differentiate it from feminicide and attempted homicide; in addition to knowing how it is regulated and penalized in the legal framework of Mexico.
Classification of attempted feminicide
Although it may seem difficult to believe, the typification or definition of attempted femicide in Mexico It is recent, this is because in April 2022 was approved modification of the National Code of Criminal Procedures, the National Law of Criminal Execution and the Federal Penal Codeso that if make victims visible of crime.
Before addressing more on the topic, it is necessary to explain the end attempt. In legal areas, this concept refers to the actions for the purpose of committing a crimebut due to different factors not achieved endsr.
Therefore, the classification of feminicide as a punishable attempt refers to any action or omission that has as objective to end the life of a woman, motivated by gender reasons, without achieving the goalbut leaving physical and psychological damage on the victim.
On the other hand, when the attacker kills female victimconsummating the crime, will be determined as feminicidewhich is defined in article 325 of the Federal Penal Code as “the deprivation of a woman’s life for reasons of gender.”
It is essential to distinguish between the attempted feminicide and the common attempted murder. While in the homicide motivation can be varied and not necessarily genderin feminicide and its attempt, the main reason is victim’s gender. This implies a context of violence, due to the simple fact of being a woman, which must be considered in the investigation and prosecution of the crime.
Penalty for attempted feminicide in Mexico
When the alleged attacker is accused of feminicide in the degree of punishable attempt, that is, that he deserves punishment, the person involved is put in informal preventive detentionthat is will remain in jail while investigations are carried out.
In this case, the preventive prison will be throughout the legal process, until the verdict is determined at the hearing, which can during two years maximum. This in order to protect the victim or prevent the accused from escaping.
On the other hand, when it is considered that the accused is guilty of attempted femicide, the penalty will be two thirds from condemn for the crime of feminicidewhich is 40 to 60 years.
Therefore, the person involved would have a sentence of 26 to 40 years in prison; In addition to complying with the reparation of damages to the victim, according to the modification of the Mexican Federal Penal Code.
In Mexico, the attempted feminicide is considered a serious crime punishable by penalties significant in prisonreflecting the commitment of the legal system to combat gender violence and protect the rights of women.
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2024-04-10 23:51:32