PRI Moves Against Politicians Linked to Organized Crime, Proposes Federal Criminal Code Reform

PRI lawmaker Christian Mishel Castro Bello has proposed a sweeping reform to Mexico’s Federal Criminal Code that would classify certain public officials as committing treason against the homeland when authorities prove links to organized crime.

The proposal would apply to officials involved in organized-crime offenses related to drug crimes, fuel smuggling, kidnapping or extortion, as well as those who use proceeds from such crimes to carry out political activities. In addition to the penalties for the underlying offenses, they could face the maximum prison term set out in the relevant article, 40 years, and a fine equivalent to six years of salary from the public office that enabled the criminal activity.

The initiative would also cover officials found administratively and criminally responsible for corruption involving the illegal diversion, use or allocation of public funds for themselves or a third party. It would apply as well when officials cannot legally justify an increase in their assets. In those cases, the proposed fine would equal the amount of the illegally handled funds or the unexplained increase in wealth.

Private individuals who benefited from the conduct would also be treated as committing treason under the proposal. They could face the applicable administrative and criminal sanctions, the same maximum prison term and a fine of up to 70% of the benefit obtained.

Castro Bello said the initiative seeks to restore public confidence in institutions and public service by punishing officials who use their positions to establish ties with organized crime. He also pointed to recent scandals involving the illegal diversion of public funds, including what he called the embezzlement of the state-owned food-supply agency Seguridad Alimentaria Mexicana. The proposal has been sent to the Justice Commission.