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A 23-year-old Cuban was arrested in Mexico City after hitting a pedestrian who was crossing a street in the Cuauhtémoc borough.
The victim sustained an open fracture in the right leg and was urgently transported to the hospital.
The incident occurred at the intersection of Eje Central Lázaro Cárdenas and Violeta Street, in the Guerrero neighborhood, located in the Cuauhtémoc borough, according to the Mexican press.
According to operators from the Command and Control Center (C2), a person had been hit by a vehicle at that location, prompting officials from the Citizen Security Secretariat (SSC) to rush to the scene immediately.
Upon arrival, the agents observed a man approximately 34 or 35 years old "lying on the asphalt, who had injuries to his right leg."
The injured party himself recounted that, while crossing the roadway, "the driver of a motorcycle hit him."
According to the victim's testimony, the vehicle involved was "a black motorcycle with green stripes."
The pedestrian was able to identify the responsible driver, who was apprehended at the scene by the officers.
Paramedics arrived at the scene and diagnosed the individual with an exposed fracture in the right leg. Due to the severity of the injury, he was urgently transported to a nearby hospital for specialized medical attention.
Detention of the driver
The Cuban driver was apprehended by agents of the SSC. He was informed of his rights and was placed at the disposal of the Public Prosecutor's agent, along with the motorcycle, who will be responsible for determining his legal situation.
The Secretary of Citizen Security confirmed the procedure in a statement: "The 23-year-old foreign national was informed of his legal rights and was made available, along with the motorcycle, to the Public Prosecutor's agent."
Possible legal consequences
Although the Penal Code of Mexico City does not have a specific criminal offense for "run over," incidents of this nature are legally categorized under other crimes, depending on the consequences of the act.
In cases where the incident results in injuries, such as this one, the classification and sanction will depend on the severity of the damage caused, as specified by the newspaper Excelsior.
Article 135 of the Capital Penal Code establishes that:
"Criminal charges will be pursued for negligent injuries, regardless of their nature, unless they occur as a result of vehicle traffic in cases where the driver does not assist the victim or flees the scene."
That is to say, if the driver does not assist the victim or attempts to flee the scene, the prosecution of the crime does not require a complaint and can be initiated ex officio.
In this case, it seems that the driver remained at the scene, which could influence the legal assessment of the case.
On the other hand, if the accident had resulted in the pedestrian's death, the driver could be charged with involuntary manslaughter, which carries a penalty of eight to twenty years in prison, according to the same code.
Immigration status and law enforcement
Regarding the nationality of the driver, it is important to remember that foreigners in Mexico are subject to the same criminal laws as Mexican citizens.
Being in an irregular immigration status is not a crime per se, but it can lead to administrative sanctions such as detention in immigration facilities, fines, or even deportation, especially if individuals are involved in criminal activities.
It has not been confirmed whether the Cuban citizen had valid immigration documentation or if their immigration status will have additional consequences in the process.
Obligations according to the traffic regulations
Article 53 of the Traffic Regulations of Mexico City states that, in the event of an accident involving injuries or loss of life:
"Individuals involved in the incident or anyone else passing by the site should immediately notify emergency services, making an effort to provide the most detailed location of the accident possible."
It is also recommended to inform how many injured individuals there are and whether there is a spill of fuel or other hazardous substances. Although the regulation does not directly penalize the hit-and-run as a crime, it establishes clear responsibilities regarding the immediate response following the incident.
In this regard, leaving the scene or failing to report the accident may be considered an aggravating factor that could lead to criminal penalties, even if the incident was accidental.
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