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-Editorial
Congressman Miguel Peña Chávez presented before the State Congress Office a project of reform to the Penal Code of Baja California with the tension of incorporating other modalities as aggravating factors in the crime of extortion, to clarify the judge at the time of imposing the sentence.
Data from the National Survey of Victimization and Perception of Public Security for the year 2022, reveal that the crime of extortion in Mexico represented a rate of 5,438 per 100,000 citizens, which translates as the second crime with the highest incidence, followed by fraud.
In this regard, Miguel Peña said that putting an end to this crime is a great challenge since it takes various forms that are not always easy to recognize and combat, “not only individuals extort, but also organized crime, with dues collections, union leaders, officials who charge for doing bureaucratic procedures or for public services.”
He said that extortion is a type of crime that has increased alarmingly, and its diversification makes its prosecution and punishment complex.
It should be noted that the State Penal Code currently contemplates aggravation in cases where the crime is committed by a criminal association, by a member or former member of the police, for carrying it out on a minor, disabled, or elderly person, and by a public servant.
Due to the foregoing, the author considers incorporating the following cases: where a third party is used, when it is committed against migrants or indigenous people, those coming from a State prison, where personnel with access to personal data are involved, when some type of weapon is used, those where there is a close employment relationship and when police authorities or public servants comment on acts of corruption or collection of property.
“The reform is intended to help the judge to ensure that there is an adequate proportion and reason between the amount of the sentence and the seriousness of the crime committed, the patrimonial damage, and the possibility that the sentence be individualized and aggravated, as appropriate,” concluded legislator Peña Chávez.
