VIRTUAL UNIVERSITY OF THE STATE OF GUANAJUATO

(UVEG)
URIEL ALEJANDRO MOSQUEDA GRIFALDO
REGISTRATION NUMBER: 20025311
CHALLENGE NAME: CHALLENGE 2 CASE STUDIES
MODULE NAME: CRIMINAL LAW II V1
LAW DEGREE
ADVISOR: MARÍA GRACIELA PAHUL ROBREDO
DELIVERY DATE: MARCH 24, 2022
B. FOR EACH CASE, YOU MUST POINT OUT AND ARGUE EACH ONE OF
THE ELEMENTS OF THE CRIME, TO DO SO, PREPARE A TABLE FOR EACH
CASE IN WHICH YOU INCLUDE THE FOLLOWING IN AN ORDERLY MANNER:

⮚ A CTIVE SUBJECT ⮚ ACTION ⮚ RESULT ⮚ NEXUS (THE RELATIONSHIP

BETWEEN THE ACTION AND THE RESULT) ⮚ PROTECTED LEGAL
INTEREST ⮚ PASSIVE SUBJECT ⮚ SUBJECTIVE ELEMENT (THE PERSON
WHO CARRIED OUT THE TYPICAL CONDUCT DID SO INTENTIONALLY OR
NEGLIGENTLY).

Read carefully the two cases described below.

Case 1 Typical conduct: MANSLAUGHTER
FACTS: On March 9 of this year, a male person named CRISTIAN MARTIN
REYES DÍAZ alias "EL BOTAS" was at his home located at 124 SAN ALFREDO
STREET IN COLONIA SAN JUAN DE ABAJO, watching boxing in the company of
his friends named MIGUEL ÁNGEL CARRILLO BAEZA alias "EL CHINO".MERO
124 DE LA COLONIA SAN JUAN DE ABAJO, he was watching the box in the
company of his friends named MIGUEL ÁNGEL CARRILLO BAEZA alias "EL
CHINO", JOSÉ JUAN DE JESÚS HERNÁNDEZ MERITO alias "KAPAZ"
ERNESTO SEGURA DÍAZ, REY ALFREDO ESPARZA CRUZ ALIAS "EL MICLO"
and LUIS MARIO ORNELAS ALONSO alias "EL BOYTES" and/or "EL BOITES",
but in an untimely manner the power went out, so these persons left the home of
CRISTIAN MARTIN REYES DÍAZ alias "EL BOTAS" and went to an alley that is on
SAN ALFREDO street with an exit to the road to the Providencia ranch. There they
were all the time guareando and drinking beer and being approximately between
03:00 three or 04:00 four hours in the morning began to argue; LUIS MARIO
ORNELAS ALONSO alias "EL BOYTES" and / or "EL BOITES" told CRISTIAN
MARTIN REYES DÍAZ alias "EL BOTAS" to give them a shot, that is to say, to
fight. The fight started and there was a moment when "el Botas" fell to the ground
and "el Boytes" took the opportunity to get on top of him and hit him. His friends
told him to stop and without saying anything else, REY ALFREDO ESPARZA
CRUZ ALIAS "EL MICLO" took out of the right front pocket of his pants a black
handled knife and attacked LUIS MARIO ORNELAS ALONSO alias "EL BOYTES"
and/or "EL BOITES". LUIS MARIO ORNELAS ALONSO alias "EL BOYTES" and/or
"EL BOITES" hit him several times in the body, among them, an injury to his right
nipple, which caused his death. Reading the above, you already know that the
existence of the conduct typified as the crime of HOMICIDE is accredited, since the
hypothesis of article 138 one hundred and thirty eight of the Penal Code of the
State of Guanajuato is fulfilled: "a person commits homicide who deprives the life
of another..." and article 139 establishes the punishability for the perpetrator who
commits the conduct typified as the crime of simple intentional homicide.
ACTIVE SUBJECT
ACTION
RESULT
NEXUS (THE RELATIONSHIP
BETWEEN THE ACTION AND THE
RESULT)
PROTECTED LEGAL RIGHT
LIABLE SUBJECT
SUBJECTIVE ELEMENT (THE PERSON
WHO DEPLOYED THE TYPICAL
CONDUCT DID SO IN A FRAUDULENT
OR NEGLIGENT MANNER).
Person performing the conduct or action: REY ALFREDO
ESPARZA CRUZ ALIAS "EL MICLO".
Facts: REY ALFREDO ALFREDO ESPARZA CRUZ
ALIAS "EL MICLO" took out of the right front pocket of his
pants a black handled knife and attacked LUIS MARIO
ORNELAS ALONSO alias "EL BOYTES" and/or "EL
BOITES" striking him several blows in the body, among
them, an injury at the height of the right nipple; injury that
caused his death.
Homicide
LUIS MARIO ORNELAS ALONSO alias "EL BOYTES"
and/or "EL BOITES" told CRISTIAN MARTIN REYES DÍAZ
alias "EL BOTAS" to shoot each other, that is, to fight. The
fight started and there was a moment when "el Botas" fell
to the ground and "el Boytes" took the opportunity to get on
top of him and hit him. His friends told him to stop and
without saying anything else, REY ALFREDO ESPARZA
CRUZ ALIAS "EL MICLO" took out of the right front pocket
of his pants a black handled knife and attacked LUIS
MARIO ORNELAS ALONSO alias "EL BOYTES" and/or
"EL BOITES". LUIS MARIO ORNELAS ALONSO alias "EL
BOYTES" and/or "EL BOITES" hit him several times in the
body, among them, an injury to his right nipple, which
caused his death.
Life
Subject matter: LUIS MARIO ORNELAS ALONSO a.k.a.
"EL BOYTES" and/or "EL BOITES
REY ALFREDO ALFREDO ESPARZA CRUZ ALIAS "EL
MICLO" attacked LUIS MARIO ORNELAS ALONSO alias
"EL BOYTES" and/or "EL BOITES" with a knife, hitting him
several times in the body, among them, an injury to the
right nipple, which caused his death.
MANNER: Painful
Case 2 TYPICAL CONDUCT: QUALIFIED SPURIOUS RAPE
FACTS: Occurring on Thursday, January 2nd of the current year, at approximately
three o'clock in the afternoon. MARÍA ROSA LUCIO ARANDA, 13 years old, left
her home to go to the elementary school in the San Pedro de Almolyán ranch,
because her mother asked her to look for her sister ESMERALDA, who had not yet
arrived home. to look for her sister ESMERALDA, who had not yet arrived home,
so she left the house alone and when she arrived at the school, she saw that it was
closed and empty. Emprendió el camino de vuelta a su casa para avisarle a su
mamá que no había encontrado a su hermanita y, al pasar por unas huertas donde
se encuentran árboles, nopales y piedras, vio que de entre las huertas por sus dos
lados, es decir, su lado izquierdo y su lado derecho, salieron varios jóShe saw
several young men, ERICK MARTÍNEZ GONZÁLEZ, alias "EL CHINO"; LUIS
ALEJANDRO SOTELO CLAUDIO, alias "EL BACHO"; and ENRIQUE VARGAS
ROMERO, alias "KIKE", whom she knows since they live on the same ranch where
she lives. Immediately, everyone went to her without saying anything. The young
men grabbed her and touched her breasts and vagina over her clothes and she
tried to get away but could not, she told them to leave her but these young men
just laughed. At that moment FERNANDO took out a rope, tied her hands and
threw her to the floor, where MARÍA ROSA LUCIO ARANDA saw that the CHINO
began to take off her pants, pulling them down to her ankles as well as her tights
and panties. Then they took off her blouse between EL CHINO, EL BACHO and
KIKE, they only left her bra on, and EL CHINO took off his pants, knelt down next
to her, opened her legs, so she was in the middle of them, and pulled down her
pants and panties to her knees. She saw his erect penis and he lay on top of her,
her knees on the floor, and inserted his penis into her vagina for about a minute. At
the end, the one nicknamed EL BACHO performed the same action, as did the
young man known as KIKE. When they finished their action they got up from where
they were and left the place, while MARÍA ROSA LUCIO ARANDA, waited for a
moment in the place because she was very scared and after a while she started to
walk home. When she arrived with her mother, she told her what had happened to
her and she took her to the Public Prosecutor's Office, where she filed a complaint.
Reading the above you already know that the existence of the conduct typified as
the crime of QUALIFIED SPURIOUS VIOLATION, foreseen by article 181 one
hundred and eighty one, in its second assumption, in relation to article 184 one
hundred and eighty four, fraction I first, both related to articles 13 thirteen and 20
first paragraph, third assumption, all of them of the Penal Code for the state of
Guanajuato, Article 181 one hundred and eighty one of the Penal Code for the
state of Guanajuato, Article 181 one hundred and eighty one of the Penal Code for
the state of Guanajuato.n I primera, both related to articles 13 thirteen and 20 first
paragraph, third assumption, all of them of the Penal Code for the state of
Guanajuato, Article 181 one hundred and eighty one of the Penal Code for the
 state of Guanajuato, which reads as follows: "Whoever has intercourse [...] with a
person who for any cause is unable to conduct himself voluntarily in sexual
relations [...] shall be sentenced to ten to seventeen years in prison and a fine of
one hundred to one hundred seventy days." Article 184, one hundred and eighty-
four, which states: "The violation shall be considered qualified when: [...] Section I
'Two or more persons intervene in its execution'".
ACTIVE SUBJECT person performing the conduct or action: ERICK MARTÍNEZ
GONZÁLEZ, a.k.a. "EL CHINO"; LUIS ALEJANDRO
SOTELO CLAUDIO, a.k.a. "EL BACHO"; and ENRIQUE
VARGAS ROMERO, a.k.a. "KIKE
ACTION Facts: when passing by some orchards, several young
men came out, being ERICK MARTÍNEZ GONZÁLEZ,
alias "EL CHINO"; LUIS ALEJANDRO SOTELO CLAUDIO,
alias "EL BACHO"; and ENRIQUE VARGAS ROMERO,
alias "KIKE", Immediately, they all went towards her
without saying anything. At that moment FERNANDO took
out a rope, tied her hands and threw her to the floor, where
MARÍA ROSA LUCIO ARANDA saw that CHINO began to
take off her pants, pulling them down to her ankles, as well
as her tights and panties. Then they took off her blouse
between EL CHINO, EL BACHO and KIKE, they only left
her bra on, and EL CHINO took off his pants, knelt down
next to her, opened her legs, so she was in the middle of
them, and pulled down her pants and panties to her knees.
She saw his erect penis and he lay on top of her, her
knees on the floor, and inserted his penis into her vagina
for about a minute. At the end, the one nicknamed EL
BACHO performed the same action, as did the young man
known as KIKE. When they finished their action they got up
from where they were and left.
RESULT QUALIFIED SPURIOUS INFRINGEMENT
NEXUS (THE RELATIONSHIP She left her home to go to the elementary school located in
BETWEEN THE ACTION AND THE the San Pedro de Almolyán ranch, since her mother asked
RESULT) her to look for her sister ESMERALDA, who had not yet
arrived home, so she left the house alone and, upon
arriving at the school, she observed that it was closed and
empty. He started his way back home to tell his mother that
he had not found his little sister and, as he passed by
some orchards where there are trees, nopales and stones,
he saw that from between the orchards on both sides, that
is, his left and right sides, several young men came out of
the orchards.She saw several young men, ERICK
MARTÍNEZ GONZÁLEZ, alias "EL CHINO"; LUIS
ALEJANDRO SOTELO CLAUDIO, alias "EL BACHO"; and
ENRIQUE VARGAS ROMERO, alias "KIKE", whom she

PROTECTED LEGAL RIGHT
LIABLE SUBJECT
SUBJECTIVE ELEMENT (THE PERSON
WHO DEPLOYED THE TYPICAL
CONDUCT DID SO IN A FRAUDULENT
OR NEGLIGENT MANNER).
C. MAKE A CONCLUSION, MINIMUM ONE PAGE, ABOUT THE IMPORTANCE
OF KNOWING AND DIFFERENTIATING THE ELEMENTS OF THE CRIME.
knows since they live on the same ranch where she lives.
Immediately, everyone went to her without saying anything.
The young men grabbed her and touched her breasts and
vagina over her clothes and she tried to get away but could
not, she told them to leave her but these young men just
laughed. At that moment FERNANDO took out a rope, tied
her hands and threw her to the floor, where MARÍA ROSA
LUCIO ARANDA saw that the CHINO began to take off her
pants, pulling them down to her ankles as well as her tights
and panties. Then they took off her blouse between EL
CHINO, EL BACHO and KIKE, they only left her wearing
her brasier, and EL CHINO took off his pants, knelt down
next to her, opened her legs, so she was in between them,
and pulled down her pants and panties to her knees. She
saw his erect penis and he lay on top of her, her knees on
the floor, and inserted his penis into her vagina for about a
minute. At the end, the one nicknamed EL BACHO
performed the same action, as did the young man known
as KIKE. When they finished their action, they got up from
where they were and left.
Health, integrity, freedom.
Subject concerned: MARÍA ROSA LUCIO ARANDA
ERICK MARTÍNEZ GONZÁLEZ, alias "EL CHINO"; LUIS
ALEJANDRO SOTELO CLAUDIO, alias "EL BACHO";
and ENRIQUE VARGAS ROMERO, alias "KIKE When
they finished carrying out their sexual act against MARÍA
ROSA LUCIO ARANDA they got up from where they were
and left, leaving her lying and tied up in the orchards,
scared and afraid.When they finished their sexual act
against MARÍA ROSA LUCIO ARANDA they got up from
where they were and left, leaving her lying tied up in the
orchards, scared and afraid.
MANNER: Painful
The importance of knowing about the crime in the secondary legislation, in the
penal codes, as well as in the special penal laws that contemplate catalogs of
crimes. Today we call legal theory of crime the ordering of rules and criteria of
imputation in a system, since this theory brings together in an orderly fashion the
categories and concepts on which the imputation of responsibility for the
perpetration of a criminal act is based. The theory of crime in our days, which is the
same as raising the transcendence of its structure and system at present, seeing
its essence as a structural part, and understanding its value in a general way,
without the present work being a development of its integrating structural elements.
The theory of crime throughout history is complex and extensive; however, the
main bases will be taken. As a first point, it is necessary to answer a basic
question: what is criminal law? It is defined as "the set of legal rules, of domestic
public law, which define crimes and indicate the penalties or security measures
applicable to achieve the permanence of social order".
It is necessary to specify the existence of a division in criminal law: general part
and special part. The special part deals with the study of crimes and the penalties
or security measures determined for them, while the general part comprises the
theory of law, the theory of crime, the theory of the offender and the theory of
penalties and security measures.
On the one hand, the importance of the theory of crime lies in its guaranteeing
function, since it stands as a barrier against the violent intervention of the criminal
power, since it offers valid criteria to judges for the cases that arise, and
guarantees predictability in the resolutions that are issued.
Law today is argumentation, and as such, the theory of crime presents the
necessary tools so that it can be argued correctly, so that the application of this
theory serves for the practice of lawyers, in an exercise that attempts to
substantiate the evidence at the time of its presentation in the oral trial, and their
arguments in the closing phase of the trial debates. In addition, it allows for the
systematized preparation of reports and complaints in such a way that the criminal
types are correctly identified and the typical conducts can be subsumed with
greater ease of argumentation, which clearly facilitates the evidentiary task.
What is the purpose of crime theory? The purpose of the theory of crime is to
analyze and study the legal presuppositions of the punishability of a human
behavior, whether through an action or an omission, in these terms, this analysis
not only reaches "crimes", but even all human behavior from which a good
argumentation can be derived, thus facilitating the evidentiary task.In these terms,
such analysis not only reaches "crimes", but also all human behavior from which a
good argument can be derived and thus facilitate the evidentiary task.
material object is a person or thing on which the damage caused by thecrime
committed falls directly.

References
http://ual.dyndns.org/biblioteca/Derecho_Penal/Pdf/Unidad_4.pdf. (s.f.).
Recuperado el 24 de marzo de 2022, de
http://ual.dyndns.org/biblioteca/Derecho_Penal/Pdf/Unidad_4.pdf.

http://ual.dyndns.org/biblioteca/Derecho_Penal/Pdf/Unidad_4.pdf