MEXICO Law and Practice Contributed by: Gilberto Miguel Valle Zulbarán, Alejandro Catalá Guerrero and Erick Gustavo Soto Ceballos, Basham, Ringe y Correa
The criminal action brought against a company is independent from that which can be brought against the individuals involved in the criminal offence committed, and, for this reason, the criminal action is separate from the that related to the individuals, and is a liability not extin - guished by the transformation, merger, absorp - tion, or division of the company. In this regard, the causes of exclusion of a crime that could benefit an individual do not affect pro - ceedings against a company. Defences available for any criminal offences are covered by the FCC and the local criminal codes. Since these both cover the same types of defences, each will be assessed on a case- by-case basis, particularly because any of the possible grounds for ruling crimes out must be proven. Examples might involve one of the ele - ments making up the criminal offence not being met, or the action being carried out in error since the defendant was unaware that their conduct was illicit. 4.2 Exceptions Causes of defence constitute exceptions in a criminal offence, so are not applicable when the offence cannot be proven. 4.3 De Minimis Exceptions Mexican Criminal Law does not provide de minimis exceptions because, once the criminal offence is proved and the perpetrator is charged, the criminal proceedings need to be conclud - ed unless an alternative solution is applied, as explained in 7.4 Discretion for Mitigation and Aggravation ; an exclusion cause is upheld, or 4. Defences and Exceptions 4.1 Defences
the criminal offence and its commission by the perpetrator is not duly proven beyond reason - able doubt for convicting the perpetrator. 4.4 Exempt Sectors/Industries The criminal law applies equally to all sectors and industries, so there are no exemptions. 4.5 Safe Harbour or Amnesty Programme The amnesty does not apply to these kinds of criminal offences. However, as explained in 8.1 Compliance Obligations , having a compliance programme can support an acquittal or lighten a penalty for companies if they are convicted. The criminal offences detailed in 2. Bribery and Corruption Elements have different penalties. In summary, pursuant to the FCC for individuals, the penalties go from three months to 14 years of imprisonment, and from 100 to 150 “fine days”, in addition to the confiscation of money and/or properties connected to the illegal conduct and the dismissal of the public servants who com - mitted the criminal offence. A fine day is determined by the daily net income considering all kind of incomes. Legal Entities Penalties In connection with the legal entities, the FCC establishes the following penalties: • suspension of activities from six months to six years; • closing down of an establishment or premises from six months to six years; 5. Penalties for Violations 5.1 Penalties on Conviction
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