CONGRESO DE COLIMA APRUEBA “LEY INGRID”, PARA EVITAR FILTRACIONES DE IMÁGENES

El Congreso del Estado de Colima aprobó por unanimidad de los presentes la llamada Ley Ingrid para la entidad, con lo que se protegerán los datos de víctimas al evitar las filtraciones, por parte de servidores públicos, de imágenes, audios, videos del lugar de un asesinato y de cadáveres, con sanciones especiales cuando las asesinadas sean mujeres y menores de edad.

La iniciativa de la Ley fue presentada por el diputado Vladimir Parra Barragán y las diputadas Ana Karen Hernández Aceves y Blanca Livier Rodríguez Osorio, con ella se adicionó el artículo 240 Bis al Código Penal del Estado de Colima.

Recordemos que el pasado 9 de febrero de 2020 sucedió el feminicidio de Ingrid Escamilla, sin embargo imágenes de su cadáver fueron publicadas en diferentes plataformas, por lo que la Fiscal General de Justicia de la Ciudad de México, Erenestina Godoy, presentó una iniciativa en el Congreso de la capital para evitar que este tipo de filtraciones vuelvan a ocurrir.

Con base en lo anterior los legisladores iniciadores rescatan la dignidad humana como un punto medular de los derechos humanos fundamentales y la Suprema Corte de Justicia de la Nación (SCJN) la ha definido como el interés inherente a toda persona.

La reforma al Código Penal busca garantizar el bien jurídico a la integridad y seguridad personal, que tiene como fin y objeto que las personas puedan desarrollarse integralmente, así como otorgar las condiciones que permitan al ser humano gozar de una vida plena.

Para quienes indebidamente difundan, entreguen, revelen, publiquen, transmita, exponga, remita, distribuya, videograbe, audiograbe, fotografíe, filme, reproduzca, comercialice, oferte, intercambie o comparta imágenes, audios, videos o documentos del lugar de los hechos o del hallazgo, indicios, evidencias, objetos o instrumentos relacionados con el procedimiento penal tendrá una pena de 3 a 6 años de prisión y una multa equivalente de 50 a 100 UMA´s.

Si se trata de imágenes, audios o videos de cadáveres o parte de ellos, de las circunstancias de su muerte, de las lesiones o estado de salud, la pena de prisión será de cuatro a siete años de prisión y la multa de setenta a ciento treinta veces el valor diario de la unidad de medida y actualización.

Tratándose de mujeres, niñas o adolescentes, la pena será de cuatro a 8 años y la multa de 80 a 150 veces el valor diario de la UMA; cuando el delito sea cometido por un servidor público, integrante de laguna institución policial, de procuración o impartición de justicia, se impondrá de 4 a 8 años de prisión y una multa de 80 a 150 veces el valor diario de la UMA.

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