A federal judge ordered the Congress of Quintana Roo to specify criminal sanctions for one of the most common urban development crimes in Quintana Roo: advertising developments of subdivisions without permits.
Last February, the Dmas association filed a claim for indirect protection against the legislative omission that left unpunished a crime contemplated in the Penal Code of Quintana Roo in its article 268 section VII.
The lawyers who are members of the civil organization, started from the example of the Adamar Solimán condominium, in Tulum, which has been promoted without permits for its commercialization, despite not having the consent of the three levels of government.
Currently, this crime cannot be punished because there is no penalty in the local Penal Code.
According to the ruling in file 680/2024 of the Ninth District Court, constitutional protection was requested against: “The partial legislative omission of article 269 of the Penal Code for the Free and Sovereign State of Quintana Roo, for not establishing a sanction corresponding to the criminal type described in section VII, of article 268 of the aforementioned Code, for which the latter is part of the process of creating said requested norm”.
On November 29, the jurisdictional body held the constitutional hearing of the trial of guarantees. Finally, last Monday the sentence was issued.
“Legislate as appropriate and determine the sanction that corresponds for the commission of the crime provided for in section VII, of article 268 of the Penal Code of the State of Quintana Roo (…) Initiate the legislative process to issue the Decree that adds the aforementioned Penal Code of the State of Quintana Roo; which must be done during the current session or the next regular period, with the understanding that the legal deadlines for the legislative process contemplated must be respected,” reads the amparo ruling.
That is, Congress will have to comply with such condition no later than the first half of next year. Currently, Dmas is engaged in a legal battle against various omissions in which various authorities have incurred against the right to a healthy environment.
The organization is remembered for filing amparo lawsuits against the Maya Train project for the destruction of caves and cenotes in section 5.
Source: sipse
