The circumvention or use of an incapacitated person
The topic of the text is the circumvention or use of an incapacitated person, which is a criminal offense that sanctions the abuse of the needs, passions, or inexperience of a minor or a person incapable, declared or not, to make him sign a document that has any legal effect, to the harm of him or another, even when the act is civilly void.
The figure requires that the author exploit (abuse) the interests (needs), affections, or appetites (passions) of the incapable or his lack of knowledge or inadvertence (inexperience).
It is considered a fraud due to the abuse of the victim’s condition and addresses the least possibilities of defense of those who, due to their needs, passions, or inexperience, facilitate fraud.
It is essential to be aware of this crime and not take advantage of the elderly or those who suffer from a decrease in intelligence, will, or judgment that renders them incapable of properly safeguarding their economic interests.
Recently, a lawyer and a notary were prosecuted for fraud due to the circumvention of incapacity. The defendants deceived a retiree and made her sell a property without her consent, knowing of her disability status.
The Crime Chamber resolved the proceedings following the appeals filed by the defenses of the two accused. Both defendants were prosecuted for the crime of fraud by circumvention of incapacity as necessary participants.
Mira’s defense maintained that it was not proven that her pupil knew of the state of mental incapacity of the retiree. However, the judges took into account that Josefina López presented a psychological state that placed her in conditions of inferiority concerning the active subject. Such a state could not escape the defendants, who were hired by the purchasing party.
Pastor’s presence was compatible with the need to create a security framework for the victim, who faced the act in a state of mental incapacity in front of four people who abused his flawed will in pursuit of patrimonial detriment. It is crucial to prevent such crimes from happening and protect those who cannot protect themselves from fraudulent activities.