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Law Educator, Esq.
Law Educator, Esq., Attorney
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in mexican law, are criminal assaults always physical?

Customer Question

in mexican law, are criminal assaults always physical?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question.

In order for an assault to be criminal in Mexican law, there must be at least a "reasonable apprehension" that you will receive immediate physical harm from the person accosting you. Thus, while physical contact does not have to actually occur, there must be a reasonable fear that it will immediately occur. In other words, if someone is threatening to beat you up over the phone, it is not likely an assault because there is no reasonable fear of immediate harm, but if that same person is on the sidewalk standing next to you and makes that threat, then it could be an assault.



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Customer: replied 1 year ago.

PAUL, YOU FAIL TO CITE CODES, STATUTES AND PREVAILING CASE LAW. WHAT ARE THEY?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your wonderful feedback.

You asked a very short and simple question and the legal answer was provided to you. We do not make up the laws, we merely provide the information on what they are and we cannot help the fact you may not like them (that is something you need to take up with the legislature that enacts the laws).

We are NOT a case law research service, cost of that access to computer databases is over $160 per hour, so that is well beyond the scope of this service.

This is the Mexican Penal Code version in English, which comes under threats:
Threats- which is what we refer to as assaults

Article 282 . - penalty will apply three days to one year of imprisonment or fine days 180-360:

I. - When you in any way threaten another with a bad cause in his person, his property, in his honor or rights, or the person, honor, property or rights of someone who is linked with some link and

II. - At that through threats of any kind try to prevent another run as he is entitled to do.

If the injured party any of the relatives or persons referred to in Articles 343 bis and 343 ter, in the latter case provided that live in the same home, will increase the penalty applicable to a third party on their minimum and at its maximum.

If offended by whatever threat or witness victim or offended in criminal proceedings, the penalty will be four to eight years in prison and fined one hundred to three hundred days.

The offenses set forth in this article will be prosecuted by complaint, except the provisions of the preceding paragraph to be prosecuted ex officio.

Article 283 . - It will require security for good behavior:

I. - If the damage to that threat are mild or avoidable;

II. - If threats are via emblems or signs, hieroglyphics or double entenders, and

III. - If the threat is that the threatened status not run a wrongful act itself. In this case also require caution when threatened, if the judge considers it necessary.

When it does not grant the security for good behavior, he shall be imprisonment from three days to six months.

Article 284 . - If the threatening fulfills its threat will accumulate the sanction of this and the resulting crime.

If required the threatened threatening to commit a crime, the punishment of the threat will accumulate due to him for his involvement in the crime that results.

Here are the other Mexican laws which would equate to our Battery:

Article 288 . - Under the name of injury, includes not only the wounds, abrasions, contusions, fractures, dislocations, burns, but any changes in health and damage leaving any physical marks on the body, if these effects are produced by an external cause.

Article 289 . - At that inflicts an injury that does not endanger the life of the victim and heals in less than a fortnight, will be imposed for three to eight months in prison, or from thirty to fifty days fine, or both penalties opinion of the judge. If it take to heal a fortnight, will be imposed four months to two years in prison and sixty to two hundred and seventy days fine.

In these cases, the offense will be prosecuted upon complaint, except where provided for in Article 295, in which case will be prosecuted ex officio.

Article 290 . - will be imposed for two to five years in prison and a fine of one hundred to three hundred dollars, to anyone who inflicts an injury that leaves the victim scarred face, perpetually remarkable.

Article 291 . - will be imposed for three to five years in prison and a fine of three hundred to five hundred dollars, to anyone who inflicts an injury that disrupts the eye forever, or decrease the power to hear, hinder or permanently weaken a hand, a foot, an arm, leg or any other body, the use of the word or some of the mental faculties.

Article 292 . - will be imposed for five to eight years in prison to anyone who inflicts an injury resulting from unsafe or likely disease incurable, complete disablement or loss of an eye, an arm, a hand, a leg or a foot, or any other organ, when it is damaged forever, any organic function or when the victim left deaf, helpless or hopeless deformity.

Be imposed from six to ten years in prison, which inflicts an injury as a result of which becomes permanently unfit for work, insanity, loss of sight or speech or sexual functions.

Article 293 . - When to infer injuries threatening life, will be imposed for three to six years imprisonment, subject to the penalties that apply under the preceding articles.

Article 294 . - (Repealed).

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C Amara D IPUTADOS OF H. C ONGRESS OF U NION Last Reform DOF 19-08-2010

General Secretariat Secretariat Parliamentary Services Documentation Centre, Information and Analysis

Article 295 . - When you exercise parental authority or guardianship inflicts injuries to children or wards under their guardianship, the court may impose, in addition to the penalty for injuries, suspension or denial of the exercise of those rights.

Article 296 . - (Repealed).

Article 297 . - If they be inflicted injuries in fight or a duel, the sanctions provided for in the articles mentioned above may lowered to half or even five-sixths, depending on whether the cause or the provocative, and taking into account the greater or minor provocation and the provisions of Articles 51 and 52.

Article 298 . - In charge of a qualified injury will increase the penalty up to twice that corresponding to the simple injury caused.

Article 299 . - (Repealed).

Article 300 . - If the victim is any of the relatives or persons referred to in Articles 343 bis and 343 ter, in the latter case provided that live in the same home, will increase the penalty applicable to one-third at its minimum and its maximum, in accordance with the preceding articles, unless also criminalizes domestic violence.

Article 301 . - Of the injuries that cause an animal a person brave, be responsible with that intention that I encourage blood-letting, or release it or make careless latter.


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