Without a doubt, one of the many obstacles that slows down trade in the world and worries businessmen is insecurity. However, in the collective, this concept seems limited to physical integrity without considering the damage that can be done to companies. That is why I have decided to list the different property crimes that can affect both individuals and legal entities in Chihuahua.
This is intended to make businessmen and anyone aware of the despicable behaviors the Chihuahua lawmakers have labeled as crimes in our state. If you ever suspect that you have suffered one of these behaviors, do not hesitate to seek advice and pursue, to the last consequences, the crimes suffered, even if you are a foreigner.
Finally, it’s important to highlight that this entry is consistent with the policy of beLegal abogados S.C—my law firm— where we understand the business ecosystem and we know that sometimes prevention is not enough in business. Other times, it’s necessary to take action and activate the criminal courts to obtain justice. That is why I prepared an entry about this topic in Spanish, which you can find here.
Without further delay, let’s begin:
List of Contents
- 1.- Common Rules
- A) Criminal Complaint
- 2.- Robbery
- A) Aggravating Factors of Robbery
- B) Additional Aggravating Factors of Robbery
- C) Crime of Robbery Equivalent
- 3.- Cattle Theft
- 4) Breach of Trust
- 5) Fraud
- 6) Fraudulent Administration
- 7) Fraudulent Insolvency To The Detriment of Creditors
- 8) Usury
- A) Aggravating Factors
- 9) Dispossession
- A) Aggravating Factors
- 10) Criminal Damage
- 11) Concealment By Receipt
1.- Common Rules
A) Criminal Complaint
The crimes listed below, except robbery, cattle theft, concealment by receipt of these, extortion, and damages shall be investigated by a criminal complaint of the offended party.
The same shall occur for cases of robbery and cattle theft, as well as concealment by receipt of these, when they are committed by ascendants or descendants by blood, marriage or civil relationship, spouse, concubines, person who has lived permanently with the victim for at least 2 years before the event or collateral relatives by blood, marriage or civil relationship, if applicable, up to the second degree of the victim.
Once the complaint is filed, all participants and concealers, if applicable, shall be prosecuted, even if it was not filed directly against them.
2.- Robbery
Commits the crime of robbery and merits the following sanctions:
| Crime | Penalty |
| 1.- Anyone who, with the intention of domination and without the consent of the person who can legally grant it, seizes another’s personal property in whole or in part. | 1.- When the value of the stolen property does not exceed 500 UMAs, a prison sentence of 6 months to 2 years. 2.- When it exceeds 500 times, but not 1000, the penalty shall be 2 to 4 years in prison. 3.- When it exceeds 1000 times, the penalty shall be 4 to 10 years in prison. 4.- To estimate the amount of the theft, the commercial value of the stolen item at the time of seizure shall be taken into account, but if for any reason it is not estimable in money or if due to its nature it is not possible to determine its value, a prison sentence of 6 months to 5 years shall be applied. |
| 2.- 2.- Anyone who, without the consent of the person who can legally grant it, uses electricity, gas, or any other fluid. | 1.- When the value of the stolen property does not exceed 500 UMAs, a prison sentence of 6 months to 2 years. 2.- When it exceeds 500 times, but not 1000, the penalty shall be 2 to 4 years in prison. 3.- When it exceeds 1000 times, the penalty shall be 4 to 10 years in prison. 4.- To estimate the amount of the theft, the commercial value of the stolen item at the time of seizure shall be taken into account, but if for any reason it is not estimable in money or if due to its nature it is not possible to determine its value, a prison sentence of 6 months to 5 years shall be applied. |
| 3.- Anyone who steals water without the consent of the person who can legally grant it. | 1.- From 6 months to 3 years of imprisonment. 2.- When the robbery is intended to obtain profit for the benefit of the individual or a third party, a prison sentence of 1 to 5 years shall be imposed. 3.- In addition to the penalties in the preceding paragraphs, a prison sentence of 2 to 5 years shall be applied if the water theft affects or suspends public service provision. |
| 4.- Anyone who takes possession of another’s property without the consent of the person who can legally grant it and prove that said seizure has been made with the intention of use and not ownership. | 1.- From 6 months to 1 year in prison. |
A) Aggravating Factors of Robbery
In addition to the penalties corresponding to the above crimes, a prison sentence of 1 to 3 years shall be applied when the robbery:
I.- Is committed with violence against people or things or is used to facilitate escape or defend the stolen goods.
II.- Is committed in the premises of an inhabited place or a place intended for habitation.
III.- Is committed by breaking the faith or security between the active subject and his victim by work, hospitality, service, neighborhood or teaching ties between them.
IV.- It happens on objects left inside or parts or accessories of a vehicle.
However, a prison sentence of 2 to 5 years shall be applied when the robbery happens on a vehicle’s catalytic converter.
V.- It is committed to taking advantage of the disorder or confusion that occurs due to a catastrophe, public disorder, or any accident, including those caused by the transit of vehicles.
VI.- It is committed with the intervention of 2 or more people.
VII.- It happens on a file, document, or any information registered or archived in a computer system or equipment protected by some security mechanism, affecting some public function.
VIII.- It is committed in self-service commercial establishments, using concealment for the robbery.
However, when a robbery occurs on a vehicle’s catalytic converter, 2 to 5 years imprisonment shall be applied.
IX.- It affects or suspends the provision of a public service.
X.– It is committed in a closed place, to which there has been no free access.
XI.- When it is committed by a public servant acting in the exercise and because of his functions.
XII.- It happens on seeds, harvested or to-be-harvested fruits, or any other articles intended for agricultural, forestry, or fruit-growing use, carried out in the orchard, plot, estate, field, greenhouse or in any other place within the property where the agricultural, forestry or fruit-growing activity is carried out.
XIII.- It happens on water or energy-conducting materials used to provide a public service or public sewer and drainage equipment.
XIV.- It happens on urban equipment for parks, squares, or green areas for recreation or sports purposes, biological corridors or leisure areas, or equipment for community life and mobility.
B) Additional Aggravating Factors of Robbery
In addition to the penalties corresponding to the above crimes, 2 to 10 years of prison shall be applied when the robbery:
I.- Is committed inside a closed place, inhabited or intended for habitation, or in its dependencies, to which there has been no free access.
II.- Is committed utilizing violence to people, whether physical or moral, using a firearm or another object of similar appearance that produces coercion in the victim’s mind, or using a knife or other sharp or penetrating instrument.
III.- It happens on motor vehicles.
IV.- It happens on equipment or instruments intended for agricultural, forestry, or fruit-growing use, committed in an orchard, plot, estate, field, greenhouse, or any other place within the property where the agricultural, forestry, or fruit-growing activity is carried out.
V.- It happens on assets of educational or cultural institutions.
In this case, a sentence of 3 to 13 years in prison shall be applied.
VI.- It affects weapons, tactical equipment, uniforms, communication equipment, or personal identification belonging to or under the protection of public security institutions.
VII.- It affects historical or artistic assets of local interest.
C) Crime of Robbery Equivalent
| Crime | Penalty |
| 1.- Anyone who, even without having participated in the theft of one or more motor vehicles, and who engages in one or more of the following behaviors: I.- Dismantles one or more motor vehicles that they illegally possess or market its parts, jointly or separately, or uses them in other vehicles without proving their legitimate origin, or acquires, detains, possesses, guards, alienates or transmits them in any way knowing their illicit origin. 2.- Alienates, traffics, exchanges, or carries out any transaction involving the transfer of ownership of one or more motor vehicles knowing their illicit origin. 3.- Alters, modifies, prepares, or reproduces, in any way, the documentation that proves ownership or the identification data or the documentation that proves payment for the ownership of one or more motor vehicles without the authorization of the competent authority to do so. 4.- Detains, possesses, or keeps instruments for the alteration, modification, preparation, or reproduction of documentation that proves ownership or identification data or documentation that confirms payment of taxes on a motor vehicle or prepares or possesses false documentation and identification elements for one or more motor vehicles to illegally market them. 5.- Detains, possesses, keeps, transfers, or acquires one or more motor vehicles with knowledge that they are of illegal origin or that their illegal origin is evident due to the way they were acquired. 6.- Detains or possesses any vehicle that has been stolen, except for acquisition in good faith. 7.- Uses one or more stolen motor vehicles in the commission of another or other intentional crimes. | 1.- From 4 to 15 years in prison. |
3.- Cattle Theft
Commits the crime of cattle theft and merits the following sanctions:
| Crime | Penalty |
| 1.- Whoever seizes one or more heads of cattle, wholly or partially belonging to another, without the right and without the consent of the person who can legally dispose of them. | 1.- If there is only one head, from 3 years 3 months to 6 years in prison. 2.- If there is more than one, but not more than 10, from 4 to 9 years in prison. 3.- If there are more than 10 heads of cattle, from 6 to 15 years in prison. |
| 2.- Anyone who takes possession of donkeys, sheep, goats, or pigs without the right and without the consent of the person who may legally dispose of them. | 1.- If the number of animals is between 1 and 10 heads, from 1 to 5 years in prison. 2.- If the number of animals exceeds 10 heads, from 3 to 8 years in prison. |
| 3.- Branding, modifying, destroying, or removing irons, marks or signs, official earrings, or electromagnetic elements authorized, registered, or recognized by the state authority, which identify cattle ownership without the consent of the person who must grant it. | 1.- If there is only one head, from 3 years 3 months to 6 years in prison. 2.- If there is more than one, but not more than 10, from 4 to 9 years in prison. 3.- If there are more than 10 heads of cattle, from 6 to 15 years in prison. |
| 4.- Intentionally transporting or marketing stolen livestock. | 1.- If there is only one head, from 3 years 3 months to 6 years in prison. 2.- If there is more than one, but not more than 10, from 4 to 9 years in prison. 3.- If there are more than 10 heads of cattle, from 6 to 15 years in prison. |
| 5.- Issuing false certificates to obtain guides simulating sales or using said certificates. | 1.- If there is only one head, from 3 years 3 months to 6 years in prison. 2.- If there is more than one, but not more than 10, from 4 to 9 years in prison. 3.- If there are more than 10 heads of cattle, from 6 to 15 years in prison. |
| 6.- Anyone who fraudulently transports or trades in hides or meat obtained from stolen cattle. | From 6 months to 6 years in prison. |
4) Breach of Trust
Commits the crime of breach of trust and merits the following sanctions:
| Crime | Penalty |
| 1.- Anyone who, to the detriment of someone else, disposes of another’s movable property for himself or another, of which the possession but not the ownership has been transferred to him. | 1.- From 30 to 90 days of fine when its value does not exceed 50 UMAs. 2.- From 6 months to 3 years of prison when the value exceeds 50 UMAs. 3.- From 3 to 6 years when the item’s value exceeds 500, but not more than 5000. 4.- From 6 to 12 years if the value exceeds 5000 UMAS. 5.- When the value cannot be determined, 6 months to 5 years of prison. |
| 2.- The owner or possessor of a movable property, who, without having free disposition over it by virtue of any legitimate title in favor of a third party, appropriates or disposes of it to the detriment of another. | 1.- From 30 to 90 days of fine when its value does not exceed 50 UMAs. 2.- From 6 months to 3 years of prison when the value exceeds 50 UMAs. 3.- From 3 to 6 years when the item’s value exceeds 500, but not more than 5000. 4.- From 6 to 12 years if the value exceeds 5000 UMAS. 5.- When the value cannot be determined, 6 months to 5 years of prison. |
| 3.- Anyone who makes a precautionary deposit ordered by the authority in a criminal proceeding appears as his own, without it being his property. | 1.- From 30 to 90 days of fine when its value does not exceed 50 UMAs. 2.- From 6 months to 3 years of prison when the value exceeds 50 UMAs. 3.- From 3 to 6 years when the item’s value exceeds 500, but not more than 5000. 4.- From 6 to 12 years if the value exceeds 5000 UMAS. 5.- When the value cannot be determined, 6 months to 5 years of prison. |
| 4.- Anyone who, having received goods with a subsidy or franchise for a specific purpose, diverts them from that purpose or in any way distorts the purposes pursued with the subsidy or franchise. | 1.- From 30 to 90 days of fine when its value does not exceed 50 UMAs. 2.- From 6 months to 3 years of prison when the value exceeds 50 UMAs. 3.- From 3 to 6 years when the item’s value exceeds 500, but not more than 5000. 4.- From 6 to 12 years if the value exceeds 5000 UMAS. 5.- When the value cannot be determined, 6 months to 5 years of prison. |
| 5.- To managers, directors, administrators, agents, or intermediaries of legal entities, builders, or sellers who, having received money, titles, or securities for the total or partial amount of the price of any sale of real estate or to constitute a real lien on them, do not use them for the purpose of the agreed transaction and use them for their own benefit or that of a third party. | 1.- From 30 to 90 days of fine when its value does not exceed 50 UMAs. 2.- From 6 months to 3 years of prison when the value exceeds 50 UMAs. 3.- From 3 to 6 years when the item’s value exceeds 500, but not more than 5000. 4.- From 6 to 12 years if the value exceeds 5000 UMAS. 5.- When the value cannot be determined, 6 months to 5 years of prison. |
| 6.- Anyone who retains possession of something, despite being formally required to do so by someone who is authorized to do so, or does not hand it over to the authority so that it may dispose of it in accordance with the law. | 1.- From 30 to 90 days of fine when its value does not exceed 50 UMAs. 2.- From 6 months to 3 years of prison when the value exceeds 50 UMAs. 3.- From 3 to 6 years when the item’s value exceeds 500, but not more than 5000. 4.- From 6 to 12 years if the value exceeds 5000 UMAS. 5.- When the value cannot be determined, 6 months to 5 years of prison. |
5) Fraud
Commits the crime of fraud and merits the following sanctions:
| Crime | Penalty |
| 1.- Anyone who, through deception or taking advantage of another’s mistake, illegally acquires something or obtains undue profit for his own benefit or that of a third party. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 2.- For valuable consideration, he alienates something that he has no right to dispose of, or leases, mortgages, pledges, or encumbers it in any other way, if he has received the price, the rent, the amount in which he encumbered it, part of them or an equivalent profit. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 3.- Obtain from another an amount of money or any other profit as a direct and immediate consequence of granting or endorsing in one’s own name or that of another a nominative document, payable to the order or bearer, against a supposed person or one that the grantor knows shall not pay it. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 4.- Sells the same thing to two people, whether movable or immovable, and receives the price of the first, the second sale, or both, or part of it, or any other profit, to the detriment of the first or second buyer. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 5.- Anyone who has something served or accepts a service in any commercial establishment and does not pay the amount. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 6.- As a manufacturer, merchant, entrepreneur, contractor, or builder of work, supplies or uses materials or carries out constructions of a quality or quantity lower than that agreed, or with less labor than that stipulated, if he has received the agreed price or part of it. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 7.- As intermediaries in operations of transfer of ownership of real estate or real liens on these, who obtain money, titles, or securities for the amount of their price on account of it or to constitute said lien if they do not allocate them to the object of the agreed operation by their disposition for their own benefit or that of another. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 8.- By himself or herself, or through an intermediary, without the prior permission of the competent administrative authorities or without satisfying the requirements indicated in the permit obtained, divide or subdivide into lots an urban or rural land, with or without buildings, owned or belonging to another, and transfer or promise to transfer the ownership, possession or any other right over any of said lots. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 9.- Sell, exchange, or cash vouchers used to redeem goods and services, knowing they are counterfeit. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 10.- Fails to comply with contractual terms, causing harm to a person or group engaged in agricultural activity due to the marketing of their products. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 11.- Modify the odometer reading of a motor vehicle to reduce the distance traveled to obtain undue profit for one’s own benefit or that of a third party. | 1.- From 30 to 90 days of fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years of prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
| 12.- To anyone who, through deception or taking advantage of another’s error, causes financial harm. | From 6 months to 2 years and 6 months in prison. |
| 13.- Equivalent fraud. Anyone who, taking advantage of their position in the government or in any union or social organization, or of their relations with officials or leaders of said organizations, obtains money, securities, gifts, presents, or any other benefit in exchange for promising or providing a job, a promotion or a salary increase in said organizations. | From 6 months to 10 years in prison. |
6) Fraudulent Administration
Commits the crime of fraudulent administration and merits the following sanctions:
| Crime | Penalty |
| 1.- Anyone who, for any reason, while in charge of the administration, de facto or de jure, of the property of others, for profit, harms the owner of said property, altering the accounts or conditions of the contracts, making non-existent operations or expenses appear or exaggerating the real ones, hiding or retaining values or using them improperly, or knowingly, carries out operations that are harmful to the owner’s assets for his own benefit or that of a third party. | 1.- From 30 to 90 days fine when the defrauded value does not exceed 50 UMAs. 2.- From 6 months to 3 years when the defrauded value exceeds 50, but not more than 500 UMAs. 3.- From 3 to 6 years in prison when the defrauded value exceeds 500, but not more than 5000 UMAs. 4.- From 6 to 12 years when the defrauded value exceeds 5000 UMAs. 5.- When the crime is committed against 2 or more people, two-thirds of the penalties provided for in the previous sections shall also be imposed. |
7) Fraudulent Insolvency To The Detriment of Creditors
Commits the crime of fraudulent administration and merits the following sanctions:
| Crime | Penalty |
| 1.- Anyone who places himself in a state of insolvency in order to avoid his obligations to his creditors. | From 6 months to 4 years in prison. |
8) Usury
Commits the crime of usury and merits the following sanctions:
| Crime | Penalty |
| 1.- To anyone who, through agreements, documents, or in any other way, stipulates usurious commissions, income or profits. | From 6 months to 8 years in prison. The amount of compensation for damages shall be at least equal to the disproportionate economic advantage obtained, or the excess interest accrued, or both, as the case may be. |
It’s important to note that commissions, income, and profits shall be considered usurious if their total annualized amount exceeds 60% of the real value the debtor has received due to the transaction from which the profit is derived.
A) Aggravating Factors
In addition to the above sanctions, the prison sentence shall be increased from 6 months to 4 years:
I.- To anyone who attempts to make the referred instruments effective, altered or not.
II.- To anyone who has carried out any of the transactions described permanently or more than 3 times and fails to record them in accounting records.
III.- To anyone who conceals or hides the interest or profit through negotiable instruments or any other document if no other cause justifies its existence.
9) Dispossession
Commits the crime of dispossession and merits the following sanctions:
| Crime | Penalty |
| 1.- Anyone who, through violence against persons, or without the consent of someone who can legally grant it, or through deception, materially takes possession of another person’s property or makes use of it or of a real right that does not belong to him/her. | From 6 months to 5 years in prison. |
| 2.- Anyone who, through violence against persons, or without the consent of the person who can legally grant it, or through deception, materially takes possession of a property that is their property, in cases where they cannot dispose of or use it, because it is in the possession of another person for a legitimate cause, or exercises acts of domain that harm the rights of the occupant. | From 6 months to 5 years in prison. |
| 3.- Anyone who, using violence against persons or without the consent of someone who can legally grant it, or by deception, distracts or diverts the course of water to someone’s detriment in order to use it for their own benefit or that of another. | From 6 months to 5 years in prison. |
A) Aggravating Factors
I.- If the dispossession is carried out by 2 or more people, in addition to the penalties indicated, the penalty shall be increased from 1 to 6 years of prison.
II.- For the masterminds and those who direct the execution, in addition the prison sentence shall be increased to the penalties from 2 to 7 years.
III.- If the dispossession is carried out against a person in a vulnerable situation, the penalties to be imposed shall be increased by one-third.
Finally, it is important to note that the previous penalties shall be applicable even if the right to possession is doubtful or subject to litigation.
10) Criminal Damage
Commits the criminal of damage and merits the following sanctions:
| Crime | Penalty |
| 1.- Anyone who destroys or damages another person’s property or his own property to the detriment of another. | 1.- From 30 to 90 days fine when the value of the damage does not exceed 50 UMAs. 2.- From 6 months to 3 years in prison when the damage exceeds 50, but not 500 UMAs. 3.- From 3 to 6 years in prison when the damage exceeds 500, but not 5000 UMAs. 4.- From 6 to 12 years if the value of the damage exceeds 5000 UMAs. 5.- When the value of the damaged item cannot be estimated, 6 months to 5 years in prison will be imposed. 6.- The corresponding penalties shall be increased by half when damage is caused by fire, flood, explosion, or similar causes. |
| 2.- Anyone who damages or destroys a file or document from an office or public archives. | 1.- From 6 months to 6 years in prison. 2.- The sentence may be increased up to double, depending on the severity of the damage caused, if the case cannot be reinstated. |
| 3.- Anyone who destroys, alters, or causes loss of information contained in an office computer system, equipment, or public files protected by a security mechanism. | From 6 months to 6 years in prison. |
| 4.- Anyone who causes destruction or deterioration of a movable or immovable property protected or declared Cultural Heritage or property of educational institutions. | From 6 months to 6 years in prison. |
11) Concealment By Receipt
Commits the crime of concealment by receipt (receiving stolen goods) and merits the following sanctions:
| Crime | Penalty |
| 1.- 1.- Anyone who, knowingly committing a crime and without having participated in it, acquires or receives the proceeds of the crime. | 1.- From 6 months to 4 years in prison. 2.- When the acquired or received item is livestock; seeds, harvested or to be harvested fruit, or any other item intended for agricultural, forestry, or fruit growing; or any catalytic converter for any type of motor vehicle, a prison sentence of 2 to 4 years will be applied. 3.- Half of the penalties indicated above shall be applied to anyone who, based on the circumstances in which they acquire or receive, should have assumed the illegal origin of the object. 4.- In addition to the corresponding sanctions, the prison sentence shall be increased from 6 months to 3 years when the person who acquires or receives the object or the product of the crime does so repeatedly, or permanently or habitually engages in the commercialization of goods of the same kind. |
| 2.- To anyone who, without having participated in the commission of vehicle theft crimes and knowing the illicit origin of two or more of these: I.- Dismantles them or sells their parts jointly or separately. II.- Acquires, detains, possesses or keeps them, even if they are in different places. III.- sells them or traffics them in any way. IV.- Alters or modifies the authentic documentation that proves their ownership or official possession. V.- Alters their physical appearance in any way, to make their identification difficult. VI.- Uses them in or for the commission of another or other crimes. | 1.- From 4 to 15 years in prison. 2.- The prison sentence imposed shall be increased by up to half if the person who commits the aforementioned conduct is a public servant with functions of prevention, prosecution, punishment of crime, or execution of sentences, and he shall be disqualified from holding any public employment, position or commission for up to a period equal to the prison sentence imposed. |
By Omar Gómez
Mexican Tax, Administrative and Constitutional Attorney
Partner