Lawyer for Crimes Pursued by Complaint
There are crimes that are pursued through a complaint. Article 206 of the Penal Code for the State of Baja California mentions: Theft will be prosecuted by the complaint of the offended party in the following cases:
I.- When it is committed by and against individuals who have a consanguineous, affinity, or civil relationship, or a relationship of cohabitation.
This means that if a child, parent, husband, or wife commits the crime of theft against you, you must go to the competent authority to file the complaint.
II.- When it involves the scenarios outlined in subsections a), h), and k) of Section I and subsections a), b), c), d), e) of Section II of Article 208 of this code.
Section I states: Imprisonment of 2 to 7 years will be imposed;
- When the crime is committed in a building, dwelling, rooms, or quarters that are inhabited or intended for habitation, including not only fixed dwellings but also mobile ones, regardless of the materials from which they are constructed.
- When the crime is committed against property affected by the provision of a state or municipal public service.
Subsection h) refers to: When theft is committed against a property that provides a public service. For example, theft of manhole covers, theft of a meter, etc. The legal representative must file the complaint for the crime of theft.
k) When the crime is committed by taking advantage of conditions caused by a catastrophe or public disorder.
A simple example is the looting that occurred after Hurricane Otis struck Acapulco. Due to the damage caused by the disaster, many people began to steal from stores, pharmacies, etc. This is undoubtedly a crime of theft by complaint.
III.- Imprisonment of 1 to 5 years will be imposed:
- When the crime is committed in a closed space.
- When the crime is committed by a servant or domestic worker against their employer or a member of their family, regardless of where it is committed. A domestic worker is understood to be: an individual who, in exchange for a salary, food, or other form of compensation or service, serves another, even if they do not live in the employer’s house.
- When a guest, diner, or a member of their family or accompanying servants commits the crime in the house where they receive hospitality, gifts, or entertainment.
- When the owner or a member of their family commits the crime in the house of the first, against their dependents or domestic workers, or against any other person.
- When owners, dependents, managers, or servants of businesses or commercial establishments commit the crime in the places where they provide services to the public, and against the property of guests or clients.
If you are the victim of any type of theft, whether a general theft or one requiring a complaint, I, Lic. Jorge Fernández, can help you resolve the issue. Contact me at 686.2.55.85.32.
