They promote an initiative to classify transfeminicide and impose 40

They promote an initiative to classify transfeminicide and impose 40 to 60 years in prison

In order to classify the crime of transfemicide, impose 40 to 60 years in prison and a fine of 500 to 1,000 days on whoever commits it, as well as determine that pretrial release will not be granted to those sentenced, Deputy José Luis Flores Pacheco ( Morena) proposed modifying various provisions of the Federal Penal Code.

The initiative, sent to the Justice Commission for an opinion, and to the Diversity Commission for an opinion, indicates that transfeminicide is committed by anyone who deprives a transsexual woman or transsexual woman of life because of her gender identity or expression.

It indicates that a transsexual woman or female transsexual is understood as a person of the male sex whose gender identity or expression is within the female spectrum or who has undergone a sex or gender reassignment or whose gender identity is female.

For the accreditation of the crime of transfeminicide, it adds, the Attorney General’s Office of the Republic and other corresponding instances must follow the requirements established by the National Protocol of Action for the Personnel of the Procurement Instances of Justice of the Country, in cases that involve orientation sexuality or gender identity.

It contemplates that the public servant who maliciously or negligently delays or hinders the procurement or administration of justice, will be sentenced to imprisonment from three to eight years and a fine of 500 to 1,500 days; In addition, he will be dismissed and disqualified from three to ten years to perform another public job, position or commission.

It determines the cases in which there are reasons of gender identity or gender expression, among them that the victim shows signs of sexual violence of any kind, injuries or mutilations have been inflicted on him, before or after the deprivation of life or acts of necrophilia.

Also, that there has been a sentimental, affective, labor, transactional, educational and/or trust relationship between the asset and the victim or a relationship by consanguinity, and that the victim’s body is exposed, exhibited, deposited or thrown in a public place by the asset.

Flores Pacheco explains that the Observatory of Murdered Trans People mentions that transphobic violence prevails in Latin America and the Caribbean like nowhere else in the world. Between October 2017 and September 2018, the first three places were occupied by Brazil with 167 murders, Mexico with 71 and Colombia with 21, and only in fourth place was Argentina with 9 registered murders.

In his 2019 update, the statistical order of these countries is repeated, but a striking numerical decrease is observed, especially in Brazil, which goes from 167 to 130 registered hate crimes against trans people, he adds.

For this reason, it considers it necessary to establish an autonomous criminal type that addresses the current situation of structural violence that occurs in those people called transsexuals.

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