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Law Information

CRIMINAL LAW ISSUES IN MEXICO

Choose One: Introduction, Federal Criminal Law, States Criminal Laws

Introduction

There is a Federal Criminal Code for all of Mexico and state Criminal Codes for each state of Mexico, each with their corresponding jurisdiction (federal vs state or local). The federal code covers criminals acts that are idfferent than those i n the state criminal codes. There are also fedral and state criminal procedural codes. 

The criminal laws of Mexico are codified and typified. This typification is a definition in code of what the criminal act is and if the conduct fits the description then it is applicable.

When the average arithmetic calculation of the potential jail penalty (adding the maximum sentence possible together with the minimum sentence possible and dividing by 2) is less than 5 years then bail is normally permissible.

Federal Criminal Law

The courts that normally handle federal criminal matters are the Federal District Courts located through out the different districts of Mexico.

States Criminal Law

Each state has a criminal code that covers state level criminal matters.

Using the State of Sonora Criminal Code, we mention the following:

The courts that normally handle criminal matters in each state are the criminal courts of that state (Sonora: Supreme tribunal, Regional Tribunals of the Supreme Tribunal, Courts of First Level, and Local courts).

Possible sanctions and means of security: imprisonment; fines; repair of damage and "prejudices" (lost earnings, ); privation, suspension or incapacitation (i.e., disqualification, disabling) of rights; destitution or suspension and incapacitation of office or employment; special publication of sentence; reclusion of persons that suffer from a permanent or transitory psychopathology that make him (her) non-imputable for his (her) actions; confinement; prohibition from going to a specific place or residing in a specific place; loss of the instruments with which the criminal act was performed; confiscation or destruction of dangerous or harmful items; admonition (i.e., warning), censure; bond or security; placement under supervision by authorities; confiscation (i.e., seizure) of the instruments used in unlawful enrichment.

Additional sanctions and means of security regarding created and incorporated entities and businesses of all types (except institutions of government): fines; repair of damage and "prejudices" (lost earnings); publication of sentence; suspension; dissolution; prohibition from performing certain operations or business; placement under supervision by authorities; confiscation (i.e., seizure) of the instruments used in unlawful enrichment.

Criminal acts foreseen:

Of a Political nature: Rebellion; Sedition; Tumultuous crowd, mob or mutiny, uprising; Conspiracy.
Criminal acts against public security: Escape of prisoners; prohibited arms; unlawful associations; drinking while intoxicated.
Criminal acts against means of communication and violation of correspondence.
Criminal acts against authorities.
Criminal acts against Public Moral and Good Customs.
Revealing of Secrets.
Criminal acts committed by public servants.
Criminal acts committed in the administration of justice.
Medical and technical) Responsibility.
Criminal acts of Attorneys, Patrons and Litigators.
Falsification (Sells, Keys and marks (stamps, symbols), documents in general, statements, etc.).
Social Danger Criminal acts.
Sexual Criminal acts.
Criminal acts against the family.
Criminal acts in burials (interments) and exhumation (disinterment).
Criminal acts the peace and security of the people.
Criminal acts against life and health.
Criminal acts against honor.
Blackmail.
Illegal privation of liberty and violation of certain other rights.
Criminal acts against persons directed to their assets.
Concealment (complicity).