The Morena representative in the Congress of Mexico City, Valentina Batres presented an initiative to apply the presumption of innocence in favor of women who murder their spouse, pointing out that many of them live in conditions of repeated violence.
In an ordinary session in the local Congress, the Morenoist legislator proposed adding a third paragraph to Article 29, Section B, Section I of the Penal Code for the Federal District, with the purpose of incorporating a vision from the gender perspective, establishing the assumption of those cases in which there is no confrontation but rather an analysis of the context.
The initiative submitted to the Commission of Administration and Prosecution of Justice in the Congress of Mexico City mentions that in the capital there are no statistical data that “make it possible to elucidate precisely how many cases of homicide motivated by repeated intimate partner violence exist and in how many cases.” of these there was no confrontation at the time of the consummation of the crime.”
The deputy referred to research that indicates that women receive a 25% higher sentence for the crime of homicide against family members or with whom they have a family relationship.
Due to the above, he proposed adding the third Paragraph to the Article in question to read as follows:
“Legitimate defense is presumed to exist, unless proven otherwise, when the spouse or concubine causes harm to her husband or partner without confrontation, provided that the context analysis shows that the defensive behavior originates from repeated attacks of a continuous nature. extended over time, and that involve physical, sexual, psychological or family violence, which put his life or that of those he has the obligation to defend at risk.
LDAV