SENATOR JORGE EMILIO GONZALEZ ON MEASURE FOR FEDERAL CRIMINAL CODE REFORM IN AMBIENTA
March 5, 2013 | Author administrative
Transcript JORGE EMILIO GONZALEZ SENATOR ON MEASURE FOR FEDERAL CRIMINAL CODE REFORM IN ENVIRONMENTAL
With your permission Sen. President
Our country has a number of features that Mexicans should be proud. However, of all the riches of Mexico undoubtedly emphasizes biodiversity, distinguished worldwide for the variety of ecosystems and species of animals and plants that thrive in the country.
This wealth does not just involve a great privilege to have an invaluable natural capital, but also a great responsibility for the Mexicans with the world, even to future generations, because those resources are the heritage of all humanity.
In view of this responsibility, it is essential that those who integrate the Federal Legislature assume the commitment to issue appropriate rules for the sustainable use of our natural resources, to ensure the right of all people to a healthy environment for their development and welfare provided in Section 4 of our Constitution.
Behaviors that threaten the environment have both undergone several administrative regulations and civil. Over the years these measures have been overtaken by the reality that prevails today the extent of being inadequate, which is necessary to resort to criminal sanctions, not only as a measure for natural resources have the lowest level high legal protection, but as a means to convert the liability for environmental damage in an effective, fair and sensitive to the social, economic and environmental problems of our country exercise.
Therefore, today let me introduce you to this Honorable Assembly reform initiative to Articles 60 and 420 Federal Penal Code, the latter relating to “crimes against the environment and environmental management on biodiversity.”
This, in order to combat the phenomenon that in recent years has become popular, not only against the temptation to enjoy exclusive goods but also by the lack of exemplary punishment to stop. The illicit use of wildlife materialized in acquiring copies and derivatives for ornamental purposes and for intake.
Examples of these behaviors constitutes the illicit use of stuffed animals, skins, turtle eggs and shark fin, among other meats and oils exotic animals, to the detriment of the balance of ecosystems and populations of these species.
This is particularly relevant when one considers that in most cases the consumer is the last link of the illegal market of species of plants and animals, so that this initiative seeks to strike at discouraging illicit consumption demand for such property from the threat of criminal penalty to its customers so that efforts to meet this market longer represent a business.
Thus, this initiative has two main objectives:
The first is to strengthen the criminal-law protection of the flora and fauna of the country, establishing the offense of unlawful use of species as well as of parts, derivatives and genetic resources
And the second, taking the opportunity of this reform, a rethinking of Article 420 of the Federal Penal Code is proposed, keeping with the spirit of the existing text but improving their writing through the establishment of a general formula that provides all relevant criminal conduct to protect biodiversity with a more appropriate legislative technique.
Thank you very much for your attention.
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