translated from Spanish: Constitutional SCJN declares 50-year sentences in local crimes

Mexico City.-The Supreme Court of Justice of the Nation, in session of the Full Court, validated the reform to the Political Constitution of the state of Michoacán, by virtue of which the maximum limit of imprisonment for crimes was increased from forty to fifty years Local. This does not mean that the rule at issue does not violate the principle of progressiveness in its non-regressiveness side, in so far as it does not mean a decrease or a reversal in the safeguarding of human rights, such as social reintegration and the right not to excessive, unusual or prohibited penalties prohibited by the Federal Constitution.

In addition, this reform is part of the configurative freedom enjoyed by the Milchoan legislator, in order to determine
its criminal policy in the fight against crimes, without there being a maximum time limit for imprisonment in the Federal Constitution or international treaties.

HELP Us Click the Google News star and follow usAction of unconstitutionality 103/2016, promoted by the State Human Rights Commission of Michoacán de Ocampo, demanding the invalidity of article 94, second paragraph, of the Political Constitution of the a reformed entity, reformed by Decree 153, published in the Local Official Newspaper on October 24, 2016.On 8 May, the ministers of the Supreme Court of Justice of the Nation, who considered that the penalties do not violate the Constitution, that is to say , that prison sentences of 20 to 40 years can be imposed on those persons, who are leaders of organized crime groups.

The Michoacán Congress approved increasing local crime penalties to 50 years. | Courtesy

Minister Juan Luis González Alcántara Carranca stated that the punitive sanctions contained in the Federal Law against organized crime are valid for the person who performs management, management and supervision functions; in addition to the purpose of committing crimes against health within the organization. The Court concludes that if a subject is the brain or head of a criminal organization that functions as a company; then it is clear that the rest of the members will act under your command and command. Ministers noted that this form of operation takes place similarly in a company, where there is a division of functions and a hierarchical structure between its members. The penalties of 20 to 40 years in prison can be imposed against those individuals, who are leaders of organized crime groups concluded by the ministers of the Supreme Court of Justice of the Nation, who considered that the sentences do not violate the Constitution.

The Court validated the constitutional reform carried out in Michoacán. Pixabay

Minister Juan Luis González Alcántara Carranca stated that the punitive sanctions contained in the Federal Law against organized crime are valid for the person who performs management, management and supervision functions; in addition to the purpose of committing crimes against health within the organization. The Court concludes that if a subject is the brain or head of a criminal organization that functions as a company; then it is clear that the rest of the members will act under your command and command. Ministers noted that this form of operation takes place similarly in a company, where there is a division of functions and a hierarchical structure between its members.

Original source in Spanish