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As we continue with our entries for the bi-lingual attorneys and lawyers in Cabo San Lucas, San Jose del Cabo and the Los Cabos area of Baja California Sur we have the following:
Continuando con lo mismo articulo 22..ahora en ingles para los abogados y bufetes en Cabo San Lucas, San José del Cabo y el área de Los Cabos en Baja California Sur:
Continuando con lo mismo articulo 22..ahora en ingles para los abogados y bufetes en Cabo San Lucas, San José del Cabo y el área de Los Cabos en Baja California Sur:
Article 22 - Penalties of mutilation, dishonor, branding, whipping, blows with a stick, torture of any type, excessive fines, confiscation of possessions, or any other penalties in excess of what is necessary to punish the offense remain prohibited.
The total or partial confiscation of personal possessions shall be considered only by the judicial authority for the payment of the civil responsibility resulting from the commission of a crime, or for the payment of taxes or fines, except in the case of possessions acquired by illicit enrichment as defined by the terms of Article 109, or the confiscation of the goods that belong to the person sentenced, for crimes classified as organized delinquency, or for those goods which are handled as though the person sentenced is the owner, if the legitimate origin of these goods cannot be proven.
Confiscation of goods by the State will not be considered, if the goods have been abandoned in the terms of the applicable dispositions. Goods acquired through organized delinquency may be given to the State by the judicial authority, at the end of an investigation process which has not shown how the goods were acquired otherwise. The judicial resolution will always proceed after a hearing of the third parties involved, and the goods must have been acquired fully with the proceeds of the crime foreseen by the law as organized delinquency. The process of confiscation will proceed independently of whether the goods have been transferred to third parties, unless the third parties received the goods in good faith.
The death penalty remains prohibited for political crimes, and also for most others. It may only be imposed for treason to the Nation in a foreign war, for parricide, for homicide with treachery, premeditation or profit; for arson, kidnapping, highway robbery, piracy, or serious criminal offenses against military order.
The total or partial confiscation of personal possessions shall be considered only by the judicial authority for the payment of the civil responsibility resulting from the commission of a crime, or for the payment of taxes or fines, except in the case of possessions acquired by illicit enrichment as defined by the terms of Article 109, or the confiscation of the goods that belong to the person sentenced, for crimes classified as organized delinquency, or for those goods which are handled as though the person sentenced is the owner, if the legitimate origin of these goods cannot be proven.
Confiscation of goods by the State will not be considered, if the goods have been abandoned in the terms of the applicable dispositions. Goods acquired through organized delinquency may be given to the State by the judicial authority, at the end of an investigation process which has not shown how the goods were acquired otherwise. The judicial resolution will always proceed after a hearing of the third parties involved, and the goods must have been acquired fully with the proceeds of the crime foreseen by the law as organized delinquency. The process of confiscation will proceed independently of whether the goods have been transferred to third parties, unless the third parties received the goods in good faith.
The death penalty remains prohibited for political crimes, and also for most others. It may only be imposed for treason to the Nation in a foreign war, for parricide, for homicide with treachery, premeditation or profit; for arson, kidnapping, highway robbery, piracy, or serious criminal offenses against military order.
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