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Mexican Public Officials Face Scrutiny over Corruption

In a move to crack down on corruption, Mexico’s government has introduced new measures to hold public officials accountable for their actions.

New Measures Against Corruption

According to recent legislation, companies and individuals must have effective compliance programs in place to prevent bribery offenses. Under the National Commission Against Corruption (NCCP) and the Federal Criminal Code (FCC), companies can be held criminally liable if they fail to implement due control within their organizations.

• The FCC does not provide specific guidelines for compliance programs, but a useful guide is the Policy of Integrity, which outlines key elements such as:
  • Clear organizational structures
  • Codes of conduct
  • Monitoring systems
  • Whistleblower protections

Lobbying Activities Under Scrutiny

The Mexican Congress has regulations in place for lobbying activities before its chambers, but there is no similar regulation for the executive and judicial branches. Individuals must register with the Senator or Deputies Chambers to participate as lobbyists.

Disclosure of Violations and Whistleblower Protection

Under Article 222 of the NCCP, individuals who are aware of corruption offenses must report them to the relevant authority. In cases of corruption, a criminal offense must be denounced before the authority set forth in Section 7.2 Enforcement Body.

• The Federal Law for the Protection of Persons that Intervene in Criminal Proceedings provides protection for whistleblowers, including:
  • Constant surveillance
  • Nondisclosure of their identities
  • Safe relocation or new identities when necessary

Incentives for Whistleblowers

Despite the importance of whistleblower protections, there are currently no incentives in place for individuals who come forward to report corruption offenses. However, perpetrators who cooperate with authorities can potentially face reduced charges or have cases against them dismissed.

Criteria for Determining Quantum of Penalty Against Legal Entities

In determining the quantum of penalty against legal entities, courts will consider factors such as:

• The level of seniority and responsibility of the individual involved
• Backgrounds of public service performed by the official
• Incomes and degree of education of the official
• Any special circumstances connected to the illicit conduct

These criteria will help ensure that penalties are fair and proportionate, taking into account the severity of the offense and the culpability of those involved.

As Mexico continues to grapple with corruption, these new measures aim to increase transparency and accountability among public officials and corporations. The government has taken a significant step towards ensuring that those who engage in illicit activities are held accountable for their actions.