MEXICO’S NEW CODE

Evening Star, Issue 20428, 8 March 1930, Page 6

MEXICO’S NEW CODE

“ UNWRITTEN LAW " RECOGNISED After midnight on December 14 a Mex!-an’husband may kill his'wife’s lover without fear of legal punishment. A wife has the same right when the circumstances are reversed. But a husband or wife may kill, only one rival. It must not become habitual. Those are among the advanced features of the new penal code which Mexico put into effect in the Federal district and capital. The death penalty is abolished, and the jury system to a certain extent curtailed. Trials as far as possible are to be conducted by persons exportly qualified, and final_ judgment will be accorded by what might be described as boards of psychiatrists. Such boards will pass on evidence and review court proceedings. At the head of the governing organisation _ which will administer the new code will be the “supreme council of defence and social prevention.” The magistrates composing the council are: Carlos L. Angels, Matais Ochoa, Manuel Gamio, Sonorita Dr Matilda Rodriguez Cabo, and Jose Almarz. Under the supreme council there will be functioning “ correctional ” courts and “penal” courts. The personnel of the courts will bo made up of secretaries and assistant secretaries and other aides, in addition to clerks. The magistrates will receive forty pesos, or £4 daily.

WILL KEEP CLOSE RECORDS. At the end of the .first year each of the members of the supreme council will be expected to have written a book of observations. The volumes will serve in a measure as part of the law, providing a basis for what is described as the “social prophylaxis” which the new code hopes to effect.

The phrase “social prophylaxis” is as good as any, perhaps, to explain the intent of the new laws. In 'the treatment of criminals the object will bo not punishment, but cure. Crime, in other words, wall he regarded as a disease.

After a jury or court lias pronounced a .sentence the council will study_ the case and decide the proper disposition of the person who has been found guilty. In all instances, the purpose of the proceedings will be not to inflict a penalty, but to remedy the condition of the individual or the circumstances which led him into. conflict with society. For instance, habitual drunkards will be sent to sanitariums instead of gaols. Those men suffering from social diseases will'be' obliged to submit to treatment.

In addition to the provision which lets a husband kill his rival or a wife her husband’s lover, the law says that a 'father may kill both his daughter and her betrayer. Thus the new code recognises what are sometimes_ known as the “unwritten laws,” which prevail not only in Mexico, but in the United States and other countries as well.

To mention more commonplace crimes, the code endeavours to protect pedestrians in automobile accidents in ways unknown in Mexico hitherto. As far as traffic regulations are concerned, the new laws are all on the side of the person afoot. * A prison term' of six years will be the maximum provided for drivers held responsible for the death of a person walking in the street. In other cases automobiles may; be confiscated where owners are convicted of reckless driving. Claims for damages will be filed by the public prosecutor where the victims cannot afford the cost of suits.

Despite the revolutionary nature of the penal code, not much has been published [about it in the capital, and many of its provisions are still a mystery to the world at large. _ As in all cases of innovations in Mexico, it may be impossible to predict its future until after it has been tried a while. Besides the Federal district, it also goes into _ practice in the two territories, Quintana Roo and Lower California.