SCJN annuls processes for outrage against authority

By continuing the study for the invalidity of the crime of outrages against authority in the state of Veracruz, the plenary session of the Supreme Court of Justice of the Nation (SCJN) also annulled an aggravating circumstance contemplated in the State Penal Code.

In Monday’s session, the plenary session of the highest court declared unconstitutional and invalidated the crime of outrage against the authority contemplated in article 331 of the Penal Code of the State of Veracruz, and in yesterday’s session it determined to declare the invalidity by extension of the fraction III of article 331 of the Penal Code of the State of Veracruz, which establishes an aggravating circumstance for the crime of outrage against authority.

Likewise, it established that the declarations of invalidity will take effect retroactively to March 12, 2021, the date on which the contested decree entered into force. The foregoing, from the notification of the operative points of the sentence to the Congress of Veracruz.

Yesterday, the president of the Political Coordination Board (JCP) of the Senate, Ricardo Monreal, said that with the resolution of the Supreme Court, it will allow more than 1,000 people detained in Veracruz, accused of the crime of outrage against authority, to obtain their freedom.

At the same time, he said that if the governor of Veracruz, Cuitláhuac García, insists on classifying the crime of outrage against authority as violent aggression in the local Penal Code, as announced, he will again promote its invalidation.

For her part, Olga Sánchez Cordero, president of the Board of Directors of the Senate, said that after the Court’s ruling, if the Veracruz president wants to classify a new crime, it will have to contain “all the elements of the criminal type so as not to go against of the principle of limitation; because outrages to the authority was against the principle of limitation”, that is, that the norms are precise.

Omission of the federal Congress

In another matter, the plenary session of the Supreme Court analyzed an action of unconstitutionality presented by the National Human Rights Commission (CNDH) to section IX of article 989 of the Code of Civil Procedures of the State of Nuevo León, where it is established that they will subject to oral procedure the controversies that arise in the matter of agricultural contracts.

However, as the qualified vote of eight votes was not reached to declare its invalidity, the matter was dismissed.

In the discussion, the ministers showed that the Congress of the Union has been in omission for four years that it should have issued the regulatory law of Article 73 of the Political Constitution to provide a single legislation in procedural, civil and family matters.

“This means that the Federal Congress should have issued this unique legislation, and I emphasize it in quotes, in the spring of 2018, that is, four years ago,” said Minister Ana Margarita Ríos Farjat.

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