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Amendment to The Federal Criminal Code to protect sexual orientation, identity or gender expression of persons

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On June 7, 2024, an amendment to the Federal Criminal Code was published in the Official Gazette of the Federation to amend Article 209 Quintus, effective on June 8, 2024, to penalize any person who carries out actions that prevents the free development of the personality.

 

The main purpose of the amendment is to protect the sexual orientation and gender identity of persons, establishing penalties from 2 to 6 years of prison and fines from MXN$108,570.00 to MXN$217,140.00 to those who carry out, perform, impart, apply, force or finance any type of treatment, therapy, service or practice that hinders, restricts, prevents, impairs, undermines, annuls or suppresses a person’s sexual orientation, gender identity or expression. Penalties are doubled if:

 

  1. The victims are minors, senior citizens or persons with disabilities.
  2. If the person who commits the aforementioned acts has an employment, teaching, domestic, medical or any other relationship of subordination with the victim.
  3. Whoever takes advantage of the public function to commit the crime. And
  4. When the person uses physical, psychological or moral violence against the victim.

 

In the event that the person committing the crime is the mother, father or guardian of the victim, the sanctions are determined by the judge.

 

To initiate the investigation of the crime, the filing of a complaint is sufficient and to determine the damage caused to the free development of the personality of the victim and its reparation, the provisions of Article 209 Ter of the Federal Criminal Code apply. This article establishes that the necessary assessments must be requested to evaluate the affectation to the victim and if the person committing the crime is unable or refuses to provide the medical, psychological or specialized care that the victim requires, the State must provide such services.

 

The text of the amendment can be consulted in Spanish at: https://dof.gob.mx/nota_detalle.php?codigo=5729935&fecha=07/06/2024#gsc.tab=0