Secondary Laws of thr National Anti-Corruption System

Publicada en Publicada en Anti-Corruption, English

On July 18th, 2016, in the evening edition of the Federal Official Gazette, were published the following decrees:

1.Decree by which diverse dispositions of the Federal Criminal Code on corruption combating, were amended, added and derogated.

Such decree adds the crimes of corruption acts, illicit exercise of the public service, the illicit use of faculties and attributions. For purposes of the Decree, the Congress shall appoint the person head of the Prosecution Agency Specialized on corruption practices.

2.Decree by which diverse provisions of the Federal Public Administration Organic Act, regarding the Executive´s Internal Control, were amended and derogated.

By virtue of this decree, the Government Affairs Ministry is incorporated within the administrative affair’s scope correspondent to the Executive Branch, same that, among other functions, shall implement the actions agreed by the National Anti-Corruption System.

3.Decree by which the Enforcement and Accountability Federal Law was issued; articles 49 and 70 of the Prosecutor Coordination Law and Governmental Accounting General Law, respectively, were amended.

The Enforcement and Accountability Federal Law aims to prosecute the Public Account, review denounced irregularities, the application of formulas about distribution, ministration and exercise of federal participants, as well as the revision of the destiny and use of the resources from funds agreed jointly with the states and municipalities, and guaranteed by the Federation.

4.Decree by which the National Anti-Corruption System General Law, the Administrative Responsibilities General Law and the Federal Administrative Tribunal Organic Law, were issued.

The National Anti-Corruption System General Law aims to, among others targets, establish the coordination mechanisms between the diverse members combating corruption at the Federal, Local, and Municipality levels, as well as in city halls of Mexico City; set the minimum basis for corruption prevention and administrative offences; to regulate the organization and functioning of the Anti-Corruption National System; as well as set forth basis, principles and procedures for the organization and operation of the Civic Participation Committee.

According to the General Law, the National Anti-Corruption System aims to establish the principles, general basis, public policies and procedures for the coordination between the governmental authorities for the prevention, detection and sanction of administrative offences and corruption acts, as well as the prosecution and control of public resources.

On the other hand, the Federal Administrative Law Tribunal Organic Law derogates its prior law, the Federal Tax and Administrative Tribunal Organic Law. This new Court is part of the National Anti- Corruption System, adding to its structure the new Third Section of the Superior Hall, same that shall act as a second instance of the Specialized halls on Administrative Responsibilities Procedures. The most relevant attribution of this new halls would be the sanction’s enforcement to public servants and particulars, whether individuals or companies, acting in acts linked to administrative mayor offences.

5.Decree by which diverse provisions of the Mexico´s Attorney General Organic Law were amended and added.

By virtue of this Decree, Prosecution Agency Specialized on corruption practices was created; same that shall investigate and prosecute acts typified as corruption crimes. As well as the first Decree mentioned herein, the Congress shall appoint the person head of the Prosecution Agency Specialized on corruption practices.

Experts on Anti-Corruption and Criminal Law are available to any further question or comments.


 

 

YOURS TRULY

 

Lic. Daniel Del Rio Loaiza delrio@basham.com.mx
Dr. Francisco Javier Tiburcio Celorio tiburcio@basham.com.mx
Lic. Alejandro Catala Guerrero acatala@basham.com.mx
Lic. Gilberto Valle Zulbaran gvalle@basham.com.mx
Lic. Rodolgo Barreda Alvarado rbarreda@basham.com.mx

 

 

Mexico City, July 25th 2016.

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