Bebé abandonado en Tultitlán: ¿Qué multas y castigos señala el Código Penal del Edomex?

The Attorney General’s Office of the State of Mexico (FGJEM) has clarified the legal situation of Lucio David “N” and Diana Jaciel “N”, who were arrested for allegedly abandoning their baby on the streets of the Fuentes del Valle neighborhood in Tultitlán.

Both are facing charges of attempted homicide against a newborn.

The Fiscalía of Mexico State has announced that Lucio David “N” has been moved to the Cuautitlán penal, while Diana Jaciel “N” will remain at the Barrientos penal in Tlalnepantla de Baz.

The incident occurred on February 11, when the baby was found on the street, sparking outrage among the public and authorities.

According to the Penal Code of the State of Mexico, Article 254 states that abandoning a person unable to care for themselves, when there is an obligation to care for them, is a crime punishable by six months to two years in prison, along with fines ranging from 30 to 300 days of salary, which translates to 3,394 to 33,492 pesos.

Additionally, community service and the loss of parental rights, custody, or guardianship may also be imposed.

There are exceptions in the law for mothers who wish to keep their identity confidential at the time of childbirth and reserve information regarding the birth, as per relevant regulations.

Moreover, a woman who legally delivers her child for adoption is not committing a crime.

In the specific case of Lucio David “N” and Diana Jaciel “N”, the FGJEM accuses them of qualified attempted homicide.

According to Article 241 of the Penal Code of the State of Mexico, this crime is punishable by 40 to 70 years in prison or even life imprisonment. Additionally, economic fines may range from 700 to 5,000 days of salary, approximately 79,198 to 565,700 pesos.

Penalties are heightened when the homicide is committed against a spouse, partner, or direct blood relatives, provided that the perpetrator is aware of the kinship with the victim.

Ongoing Investigation

The FGJEM continues to investigate to clarify the case and determine the culpability of those involved. The baby, rescued by citizens and attended to by emergency services, is currently under the care of the child protection system and remains hospitalized at ISSSTE.

This case has caused significant shock in the State of Mexico, highlighting the vulnerabilities faced by some minors and the urgent need to enhance child protection measures. Authorities are urging the public to report any situations of risk that minors may encounter to prevent tragedies like this.