Background and Relevance
On March 24, 2023, the Mexican Chamber of Deputies approved a new law against extortion with penalties reaching up to 25 years in prison. This legislation, proposed by President Claudia Sheinbaum, aims to strengthen the fight against extortion by implementing harsher punishments and addressing specific cases, such as those involving public servants or vulnerable victims like migrants and minors.
Legislative Details
The new law, which harmonizes the penal type nationally, sets a base penalty of six to 15 years in prison. However, the sanctions can increase up to 25 years based on 34 aggravating factors outlined in the law. These factors include collecting protection money, targeting migrants or minors as victims, and cases where the crime is committed by a public servant.
The law also ensures that extortion cases will be investigated proactively. Those convicted under this new law will not have access to pre-trial release benefits or pardon of sentence, except when they choose to collaborate with authorities.
An interesting aspect of the legislation is Article 4, Transitory, which introduces a “beneficial retroactivity” for those already processed and sentenced for extortion. Once the decree takes effect, their sentences can be reviewed and potentially reduced.
Legislative Process
Despite numerous amendment proposals, the majority of Morena and its allies only allowed Ricardo Monreal’s proposal to pass. The approved reserve reduced the penalties for public officials accused of extortion. Initially, the reform proposed 10 to 20 years in prison for public servants committing extortion; however, the amendment lowered this to 5 to 12 years.
Opposition legislators warned that the last-minute changes made by Morena were intended to benefit Hernán Bermúdez, the former Secretary of Public Security in Tabasco and an alleged leader of the criminal group La Barredora.
Key Questions and Answers
- What is the new law about? The new law, approved by Mexico’s Chamber of Deputies, aims to combat extortion with harsher penalties. It includes a base penalty of six to 15 years, with the possibility of increasing up to 25 years based on aggravating factors.
- Who proposed this law? The proposal was made by President Claudia Sheinbaum of Morena, a left-wing political party in Mexico.
- What are the aggravating factors? The law outlines 34 aggravating factors, including collecting protection money, targeting vulnerable victims like migrants and minors, and cases where the crime is committed by a public servant.
- What are the consequences for those convicted? Those convicted under this law will not have access to pre-trial release benefits or pardon of sentence, except when they choose to collaborate with authorities.
- What is the significance of Article 4, Transitory? This article introduces a “beneficial retroactivity” for those already processed and sentenced for extortion, allowing their sentences to be reviewed and potentially reduced once the decree takes effect.
- Why are opposition legislators concerned? Opposition legislators are concerned that the last-minute changes made by Morena were intended to benefit Hernán Bermúdez, a former public official accused of extortion.
