THE VICTIM'S PARTICIPATION IN THE CRIME: VICTIM DOGMATICS

Abstract

Summary: Introduction, 1. The Problem of Victimology, 2. Scientific Roots of Victimology, 4. Understanding Victimology Theory. 4.2. Victimogenic Predispositions. 4.3. Fungibility and Non- Fungibility of the Victim. 5. The Victim's Participation in the Crime: Victimology Theory. Conclusions.

Introduction

When the General Law on Victims was published in the Official Gazette of the Federation on January 3, 2017, some criminal and criminological scholars predicted genuine protection for the "victim," granting them a legal prominence they had not previously acquired in the Mexican penal system. Although progress was made in dignifying victims' rights (the pro victimae principle),¹

In laws enacted by Congress that protect victims, the provision most favorable to the individual will always be applied…

we cannot fully agree with the entire special provision dedicated to victims, since it continues to overlook the delicate treatment of secondary victimization. Given the shameful processes inherent in democratic evolution, society cannot help but demand greater consideration for this aspect of the legal system.

¹ This principle is found in the second paragraph of the first article of the General Law on Victims, in Mexico.