Holding public office in Mexico entails responsibilities that go far beyond administrative management. Offenses committed in the exercise of public duties can be prosecuted criminally for up to 20 years after they occur.
Applicable legal framework
Criminal liability of public servants in SLP is governed primarily by the State Criminal Code and the National Code of Criminal Procedure. At the federal level, the General Law of Administrative Responsibilities applies when federal resources are involved.
Most common offenses
The criminal offenses most frequently affecting municipal and state officials are:
- Embezzlement (peculado): misappropriation or diversion of public funds for personal use. Sentence of 2 to 14 years.
- Unlawful exercise of functions: performing acts outside the scope of office or exceeding granted authority. Sentence of 1 to 5 years.
- Abuse of authority: using office to improperly benefit or harm persons. Sentence of 1 to 6 years.
- Coalition of public servants: agreement among officials to act against the public interest.
- Trading in influence: using public office to interfere in another agency's affairs for personal benefit or that of third parties.
Statute of limitations: the risk that does not disappear when leaving office
One of the aspects that most surprises officials is that the criminal statute of limitations for offenses committed by public servants can extend up to 20 years when there is financial damage to the State. This means an irregularity committed during a term can be prosecuted long after the official left office.
How to protect yourself during your term
The best defense is documentary prevention. Every significant decision made by an official must be backed by a resolution, minutes, an official memo, or a prior legal opinion. Signing without analysis is the costliest mistake a public servant can make.