MEXICO Law and Practice Contributed by: Gilberto Miguel Valle Zulbarán, Alejandro Catalá Guerrero and Erick Gustavo Soto Ceballos, Basham, Ringe y Correa
If the co-operation concerns the same crime, the perpetrator’s contribution must be lower than that of one of the other perpetrators, and, in both cases referred to above, the perpetrator must agree to appear in the trial as a witness. In this regard, the public prosecutor can decide to dismiss the case against the perpetrator who decides to co-operate by applying the criterio de oportunidad, as explained in 6.2 Voluntary Disclosure Incentives . The anti-bribery and anti-corruption regulations are applicable in both the criminal local and fed - eral jurisdictions for criminal offences in accord - ance with the State Criminal Codes and the FCC. Regarding bribery and corruption as administra - tive offences, the GLAL is applied in both local and federal jurisdictions. The civil jurisdiction is not applicable in Mexico. 7.2 Enforcement Bodies 7. Enforcement Trends 7.1 Enforcement In criminal matters, the body in charge of inves - tigating criminal offences committed by federal public servants, private individuals and/or legal entities is the Attorney General’s Office. For prosecution, the Federal Criminal Courts are the designated authority. For local jurisdiction criminal offences, the respective bodies are the Attorney General’s Offices of the States of the Mexican Republic, and the State Criminal Courts. It is important to point out that, in Mexico, both the Federal and the Local Attorney General’s
Offices have an autonomous Prosecutor Agen - cy for the Prosecution of Corruption Crimes in charge of an alternative prosecutor to the Attor - ney General. This was implemented as part of the National Anti-Corruption System as a conse - quence of the constitutional amendment. Regarding administrative offences committed by local public servants, private individuals and/or connected legal entities, in accordance with Arti - cle 12 of the GLAL, internal control bodies have jurisdiction over the investigation and prosecu - tion of the administrative offences. Alternatively, the Local Administrative Courts of Justice have jurisdiction to issue a final ruling regarding administrative offences of local juris - diction and the Federal Court of Administrative Justice for federal jurisdiction administrative offences. In accordance with Article 14 of the GLAL, in the event that the administrative offence inves - tigated also constitutes a criminal offence, the corresponding complaint will be filed so that criminal and administrative proceedings can be carried out in parallel. 7.3 Jurisdictional Reach of Enforcement Bodies Please refer to 7.2 Enforcement Bodies and 3.2 Geographical Reach of Applicable Legislation . 7.4 Discretion for Mitigation and Aggravation The NCCP provides the possibility to suspend proceedings or resort to an abbreviated proce -
dure, explained as follows. Proceeding Suspension
When the arithmetic mean of the criminal offence does not exceed five years and the defendant
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