CHAPTER VII
POLITICAL OFFENSES:
The rebellions and the usurpations of the power happened by the military riots and civil rebellions are certainly permanent crimes. A crime of a “permanent” nature according to the current law, is one whose criminal action allows, by its characteristics, to be extended voluntarily in time so that it is identically violative of the right in each of its moments.
In effect, in the permanent crimes each and every one of its moments are of commission; circumstance that, consequently, permanently involves in its execution those who are aware of the action, admit it or those who through pre-ordination perform it and, therefore, must respond criminally as co-authors; all of which justifies the flagrancy and the immediate arrest order, without it being necessary to proceed to the arrest of the offender, according to the constitutional article 16, to have an arrest warrant or to hear the accused beforehand to carry it out, and the saying of the apprehenders, should be taken as a testimonial test.
When the military coup leaders and revolutionary rebels achieved their purpose and the crime of rebellion was consummated, the people of Mexico have been suffering from moment to moment the public disorder and the deprivation of their freedom, and in that deprivation the civilians have also suffered from moment to moment the restrictions and the impairment of our honor, of our economy, etc., in such a way that, for this reason, they are considered permanent crimes or permanent effects that are still in force.
In this regard the case law provides that: “The prosecution of permanent crimes does not prescribe, as long as the unlawful state created by them does not end: As regards the beginning of the prescription, it is decisive at the time of the action, understood this with According to the theory of the result. In the continuing crimes the prescription begins in the last act. In permanent crimes, when the anti-juridical state ends “.
The federal criminal law that includes seven chapters does not indicate a minimum or maximum number of rebel actors in the commission of crimes, because whether they are called crimes against the State, against national security, against public order, against the order constitutional, conspiracy, rebellion, mutiny, and sedition, et cetera; they are considered as political offenses because, for such crimes, the protected legal right, which is “public order”, and the guarantee of “legal security” in its highest expression, of which depend, without doubt, the respect held to constitutionally created bodies to make the purposes of the law a reality, within a regime of law, this order implies, therefore, compliance with the law, in its various hierarchies, externalized in the normal and adequate functioning of public administrative and judicial services, as well as the social peace that guarantees the fulfillment of the purposes of the State.
In theory, the Mexican people as groups of free individuals can not be slaves or prisoners against those who exercise the powers of the State, but in fact a condition of exception was created in which the ruling intruders who took by force the powers of the State were self-constituted masters of the governed. For a long time, the civil society of the Mexican people does not enjoy the guarantees of full authority and full constitutional freedom, nor of the protection of its legitimate fundamental charter, since they live in conditions of prisoners of the military coup and revolutionary kidnappers who mutinied and they took by force of arms the powers of the State, aberrant usurpations that are not backed by positive law; vulgar delinquents who pass themselves off as rulers, when in truth they are mere intruders who keep subjugated, under their dependence and absolute dominion to the Mexican citizens arranging at their whim the patrimonial assets, both private and public.