MEXICO: ECOCIDE INCLUDED AS A NEW CRIME IN THE STATE PENAL CODE OF JALISCO

In March, a reform to the Penal Code of the State of Jalisco was approved to include the crime of ecocide, with the vote of 36 deputies in favor. The proposal was presented by Claudia Murguía Torres (PAN), author of the reform.

The text states that whoever commits a crime of ecocide will be punished with sentences of three to ten years in prison, being defined as "the damage, destruction or loss, total or partial, vast, lasting or serious of one or more ecosystems, in a determined territory, in such a way that the enjoyment of the inhabitant species and the ecological balance is limited." “el daño, destrucción o la pérdida total o parcial, vasta, duradera o grave de uno o más ecosistemas, en un territorio determinado, de tal manera que el disfrute de las especies habitantes y el equilibrio ecológico se vea limitado.”  

The article defines as vast damage when it covers at least ten hectares, lasting damage when the destruction and its impacts last at least a period of four months, and serious damage when the alteration endangers the health of people or irreparable damage to natural resources. In addition to the prison sentence, a fine of 500 to 500 thousand times the daily value of the Unit of Measurement and Actualization will be imposed.

Jalisco becomes the second State in Mexico (after Chiapas) to typify the crime of ecocide in its penal code. Although environmental crimes are already classified, the prison sentence is now increased with the inclusion of ecocide. In addition, as pointed out by Claudia Murgia Torres, the text specifies that the proceeds will be used to repair environmental damage and also establishes sanctions for public servants who, by action or omission, allow this type of conduct.