Why the crime against Victoria in Tulum should be classified as homicide, not femicide

After the events of March 27 in Tulum, Quintana Roo, where Victoria Esperanza Salazar, a Salvadoran migrant, died after being overpowered by the municipal police, Doubts have arisen around the case, mainly over how it is characterized by state authorities.

Leslie I. Jiménez Urzua, specialist in criminal law, explains exclusively for Infobae Mexico why the death of Victoria Esperanza must be regarded as a homicide and not as a femicide.

It is important to explain that the case of Victoria would not be a femicide, according to the explanation of lawyer Leslie Jiménez, since the homicide results from an arrest, while the police carried out the corresponding procedure before a citizen report, since there are (in the case) none of the hypotheses envisaged in the penal code of Quintana Roo.

The lawyer started the conversation by stating that although the case generates a lot of pain in society, It is important that to be judged in the right wayIt is out of respect for the victim and her family, who are already asking for justice.

“Femicide is a crime that is considered in the codes, mainly because it is to deprive a woman of life for reasons of gender, this deprivation of life must be carried out in a malicious manner, that is to say -to say that the person wants to do it “, explained lawyer Jiménez.

the femicide, within the penal code of Quintana Roo (article 89 bis), it is classified as: “Commits the crime of femicide, the one who maliciously deprives a woman of her life for gender reasons.

the gender reasons which explains the penal code are: context or data of any type of violence; the body of the victim show signs of sexual violencel of all kinds; wing the victim was injured or mutilateds infamous or degrading, before or after deprivation of life or acts of necrophilia; existence of history or data establishing that there were threats related to the criminal act, harassment or sexual harassment, or injuries of the active subject against the victim; the victim’s body is exposed or exposed in a public place; the victim has been forced into prostitution or has engaged in acts of human trafficking to the detriment of the victim; existence of a sentimental, emotional or trusting relationship; the victim was in secret, regardless of the time preceding the deprivation of life.

Lawyer Leslie Jiménez said the case should be tried as culpable homicide because “The police used force carelessly and excessively. Yes, the arrest took place for a series of reasons: sexual, racial and a series of stereotypes, including gender, but it did not happen because they wanted to kill her ”.

In Victoria’s case, there was hatred in death, hatred (as such) is not classified as the crime of femicide (in the Quintana Roo penal code), as it is. in other penal codes like the one in Mexico, commented.

Reason why, in the event of advancement of the case as a femicide, the defense of the police could ask for an amparo to change the classification. This could have different objectives and effects, he said, especially since it would already be judged at the federal level and not at the local level.

He also explained that currently all crimes (in cases of death) against women are investigated as femicidesWhether it is a crime or not, harming processes because incorrect protocols are followed, access to justice is delayed and there is no prompt resolution.

In order to statements by the municipal president of Tulum, Victor Mas Tah, on what already “Legal action has been taken for femicide against the police”, the lawyer said that “It is neglect and it is a trivialization of femicide”, because when we investigate all crimes in this way, we forget other reasons with which violence is exercised and which also cross women, such as sexual orientation, because of race, because of class, to name a few.

Finally, recomendó que se exija una reforma a los tipos penales en todo el país, también que se permita investigar más allá de la política o de lo que pida la sociedad, ya que los tipos penales deben responder e investigarse correctamente para que el sistema permita acceder a Justice.

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