Reynosa
A witness tells what happened from the moment the soldiers, who formed a convoy patrol, they realize that a van was following at a distance and its occupants , youth, spoke insistently radio.
On the behavior deduced that the soldiers were "hawks," ie, spies, organized crime, which is dedicated to follow the federal units and are reporting their every move to his bosses warning of any operational surprise.
, revise them and also reviewed the car without finding weapons or drugs. They knew perfectly well that young soldiers were "hawks" but do not bring weapons or drugs were not technically crime to pursue. They just learned the lesson, beating them, removing the money, he struck out the tires to the truck and sent on foot to their homes.
could not do anything the military to swallow their frustration, as the "halconeo" is not punishable under the Penal Code of Tamaulipas and, therefore, had no case to detain the youth and bring them to justice as there was no crime to pursue, although clearly, were serving criminals.
Another thing that had been illegally carrying a weapon or drug dose. So could have been brothers, allowing crime, but not espionage.
basic intelligence system of cartels
The "halconeo" is a very useful tool for organized crime cartels because it is one of its major systems in the intelligence gathering on the movements and intentions of the operations against them.
The hawks normally very young, even young children are placed at major intersections, gas stations, convenience stores and locations near the headquarters of the federal forces. It provides them with radios from which transmit their reports to the passage of any convoy which considerably weakens the operational efficiency of performing Federal Police, Navy or Army. They also tend to enter the profile of informal trade workers as sellers of piracy or food on the public highway, hidden in their activity, observe and report.
Another form of "halconeo" are people with car and radio, often taxi drivers, who are dedicated to following distance military vehicles stating their position.
Finally, the more severe the conducting elements of the municipal police are also vehicles and report by radio, but also come to military operations in apparent cooperation that, in fact, seeks to extract information. They even operate the sirens to the passage of federal criminal warn of the closeness military.
military and police clash between "hawks" in Nuevo León
The loophole
The "halconeo" considerably weakens the effectiveness of the armed forces in the streets, because it is extremely complicated to put together a surprise to many eye operation reporting every step.
is, therefore, incredible that states severely beaten by drug trafficking and Tamaulipas has not established even the "halconeo" in the state penal code.
can not understand that a person who spies on federal law enforcement forces, to support organized crime, not considered a criminal.
As in all federation, each entity has its own penal code. Other states like Nuevo Leon and they did and entities such as Colima and is on track to do so. Neither is in Tamaulipas rumors there is not one day think to do so.
in Nuevo Leon state governor himself, Rodrigo Medina, who last June ordered the bill to the State Congress of Nuevo León to amend the Criminal Code of the state and set up as a felony espionage carried out by "hawks" for organized crime.
De Eugenio Hernandez, governor of Tamaulipas, Tamaulipas or Congress, or its lights. Not a single mention of the issue so far this year.
The laws need to be updated so they can rule violations in the new emerging order in society. Today we live an era in which the drug has taken over public spaces and it is unacceptable that the organs of government show such inaction to enact laws to combat with all new, clearly illegal.
If the governor of Tamaulipas had taken the initiative to send a proposal to Congress to amend the Local Criminal Code of the entity and have more tools to fight crime, then I would believe something so much that he says he feels hurt by the State of the State. But his passivity and irresponsibility only confirm to us that live ungovernable entity.
The social factor
And not only must fight "halconeo" by the damage it does to military operations but, above all, due to the impact it has on the decomposition social.
A "hawk" is the lowest level in the pyramid of a cartel. Who gets to play that position makes dreaming big money, of growing up in crime, and if someone in your neighborhood. The "hawk" immediately starts talking to the lexicon of their own criminal group, and not ready, now is "good battery" or is "one hundred" and when he wants to impress the boss, they say it is "a million." Buy T-shirts and Ed Hardy hats imitation, the brighter, the better. Place the radio, its a tool in place of the belt where it is clearly visible, and when you use it, talk loud so everyone knows who works with the "skill" or "the company."
That, in a 17, 18 or 20 years, which is just beginning to glimpse their opportunities in life is usually an irreversible path. At some point, his bosses let him do a "pull" more demanding, and there will come a time of training in weapons. There are innumerable cases of young men who were captured as "hawks" and now serving the "stake" (assassins) within the cartels.
Therein lies the urgency of enacting the subject, but also operational damages for harm to society.
How legislated Nuevo León
The state of Nuevo León did by amending Article 192 of the Penal Code now reads:
A penalty from two to fifteen years imprisonment and a fine of two hundred to four hundred shares who stalk or monitor or perform any act aimed at obtaining information on the location, activities, or general operating tasks of public security, prosecution or punishment of the crime or the execution of sentences.
addition to the penalties provided for in the preceding paragraph, the penalty is one-third to one half more than the custodial sentence that product, which carries out the conduct described in this item using to do any public service vehicle carrying passengers or other to provide a similar service or whose exterior features are similar to the appearance of the vehicles for public transport passengers.
The penalties prescribed in this Article, shall be increased from one third to slightly more than the penalty that may be, and shall be in addition or removal from office and disqualification committee of three to ten years to occupy another, when the offense is committed by public servants or former public servants of the forces military, public security institutions or law enforcement.
is, in Nuevo Leon and just because of persistently follow a military convoy is the subject of crime. You do not have to resort to look for drugs or banned weapons the suspect in order to farm the offense, just follow up action to consider felony espionage.
It also provides for increased penalties for public servants, with the clear purpose of combating "halconeo" from the same police ranks.
The bill sent by Rodrigo Medina was approved unanimously by the Local Congress of Nuevo León in late June this year and tens count as "hawks" who have been awarded by the Army or the Federal Police to local justice agencies brothers, allowing responsibility.
is essential that the authorities of Tamaulipas promote this law to at least keep the forms in a way that is a little more believable.
Updated September 24, 2010
A reader kindly provided us with a document that is the bill to establish the "halconeo" in the Federal Penal Code recently sent to Congress.
The initiative was sent by Guillermo Cueva Sada Dipu the Green Party which proposes to integrate the Article 127 Bis to the Federal Penal Code, where they classify "halconeo." This article would be placed in Chapter II speaking of the crime of espionage.
The Federal Penal Code punishes only when a foreign spy sending information to a foreign nation for the purpose of a possible invasion of their territory or to alter the inner peace. It also punishes the Mexican, having in his possession documents or confidential information of a foreign government, the disclosure to another government, if that hurts the Mexican nation. And finally, punishes those who have knowledge of the activities of a spy and identity, do not let the authorities.
Those are the only 3 scenarios of espionage that the Federal Penal Code contemplates. The bill sent by Deputy Sada Cueva has intended to include as a new espionage scenario that takes place on public security forces.
The wording proposed by Rep. Sada Cueva is practically the same as was included in the Criminal Code of Nuevo Leon in Article 192 and were talking and above.
On September 7 the LXI Legislature of the Chamber of Deputies was the initiative of a decree "which adds a new Article 127a Federal Penal Code and amending Article 194 of the Federal Code of Criminal Procedure, by the Dip. Guillermo Cueva Sada, the PVEM. "
The initiative was referred to the Justice Committee to refine and then submit it for discussion and vote. That is, just is an initiative and, of course, is not yet in force. Be until the deputies voting in favor, and is published in the Official Journal of the Federation.
However, it is a very important step in combating the "halconeo."
Another reader stated that it is our privilege to fight states' halconeo "because organized crime and, therefore, federal jurisdiction. That is incorrect, because neither the Federal Organized Crime Act referred to "halconeo" as an offense covered by that law, nor the Federal Criminal Code, as we cited, describes a situation of "halconeo" or the chapter of espionage nor in the drug crimes.
The aim of the "halconeo" is criminalized in the Penal Codes of the states is that Just because you spy on a security force is a crime, regardless of whom works for the spy. That is, the crime of espionage is also tracking and monitoring to a municipal police patrol investigating a car theft, for example, and is also the crime of espionage on track and watch a military convoy on patrol making against drug trafficking.
The wording of the article is not about drug trafficking, car theft, kidnapping. Therefore, no matter the time of arrest if organized crime or not, just follow criminalizes public security forces. This has the purpose to make the arrest of the "hawks" and later they are applicable to ascertain whether conspiracy charges, drug crimes, or any other crime of organized crime.
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