Corrupt practices may be pursued through both administrative and criminal avenues. National Anti-corruption System In 2015 and 2016, as a result of the effort of the Federal Government to eradicate bribery and corruption, several reforms were carried out in order to create a National Anti-Corruption System (NAS). The NAS coordinates social entities and authorities of different levels of government, in order to prevent, investigate and punish corruption. According to the NAS website, it is currently operating in 95% of Mexican territory. In order to function properly, the NAS implemented operational and structural changes, the most relevant being the following: - The creation of the Anti-corruption Prosecution Bureau and the Citizen Participation Committee.
- The establishment of penalties to private entities which engage in bribery and corruption.
- The implementation of new laws and the reform of existing laws, such as:
- new National Anti-corruption System Law;
- new General Administrative Liabilities Law;
- new Federal Court of Administrative Justice Law;
- new Audit and Accountability of the Federation Accounts Law;
- reform of the Federal Criminal Code,;
- reform of the Organic Law of Federal Public Administration,; and
- reform of the Attorney-General’s Office Organisation Act.
- State legislatures were required to pass new legislation or to amend existing laws to conform with the provisions of the General Administrative Liabilities Law.
- The creation of a Coordinating Committee responsible for establishing coordination mechanisms between members of the NAS.
- The implementation of a National Digital Platform that connects various electronic systems in order to establish policies and measurement methodologies, to which Authorities will have access.
Criminal Code The Federal Criminal Code, and the criminal codes of several states, contain a specific chapter covering felonies associated with acts of corruption. By public officials Bribery (Article 222, I): “Unduly requesting or receiving, by himself or through an intermediary, money or any benefit, or accepting a promise, for himself or a third party, to act or not act a function inherent to their duty”. Traffic of Influence (Article 221, I., II.): (I) “The official who, directly or through intermediaries, promotes or performs an improper act in the exercise of his functions; and (II) the official who solicits or promotes any resolution or realisation within the post, charge or commission of a public official, which results in economic benefits for himself or for a third party”. Embezzlement (Article 223, I., II.): “Embezzling money, goods, properties or any other object belonging to the State, or to an individual, whether for their own or someone else’s benefit, if they received them through administration, in deposit or for any other cause by reason of their post”. By others Bribery (Article 222, II): “Giving or offering money or any other gift to an official (including a foreign official) for any form of performance or non-performance of his or her functions.” Traffic of Influence (Article 221 II): “Any person who promotes the illicit conduct of the official or assists with the promotion or management of such illicit conduct.” Embezzlement (Article 223, III, IV): “Any person who solicits or accepts the offer to act or not to act contrary to his duty in exchange for public funds or to enjoy the benefits deriving from undue use of power and faculties.” Law on Administrative Liabilities The General Administrative Liabilities Law establishes administrative penalties for improper payments to government officials, bid rigging in public procurement processes, the use of undue influence, and other corrupt acts. The General Administrative Liabilities Law applies to all Mexican public officials who commit what the law calls “non-serious” and “serious” administrative offences and private parties (entities or individuals / domestic or foreign) who engage in corrupt practices. Non-serious administrative offences include the failure to uphold certain responsibilities of public officials, as defined by the General Administrative Liabilities Law (e.g. cooperating with judicial and administrative proceedings, reporting misconduct etc.). Serious administrative offences include accepting (or demanding) bribes, embezzling public funds and committing other corrupt acts, as defined by the law. By public officials Bribery (Article 52): “The public official who, by himself or through third parties, demands, accepts, obtains or intends to obtain, any benefit beyond their legitimate renumeration for the fulfilment of their functions commits an act of bribery.” This article extends to political campaigns and political candidates. “Also considered bribery will be the public official who does not return payment in excess of their legitimate renumeration according to the applicable tabulators within 30 calendar days of receiving it.” Embezzlement (Article 53): “The public official who authorises, requests or performs acts for the use or appropriation of public resources, whether human, material or financial, without legal basis or contrary to the applicable rules will commit public embezzlement.” “Public officials will not be able to provide for the services of members of a police corporation, public security or armed forces, in the exercise of their functions, to provide personal security, unless contemplated by regulation or it is deemed necessary in the circumstances to provide such security…” Conflict of Interest (Article 58): “The public official who intervenes, due to his employment, position or commission in any way, in the attention, procedure or resolution of matters in which he has a conflict of interest or legal impediment, acts in conflict of interest.” Hidden Enrichment or Concealment of Conflict of Interest (Article 60): “The public official who fails to comply with the veracity in their financial declaration or fails to declare a conflict of interest with the purpose of concealing the increase in his finances or the unjust use and enjoyment of goods and services, will engage in hidden enrichment of concealment of conflict of interest.” Simulation of a legal act (Article 60 Bis): “A public official commits a simulation of a legal act when he uses legal personality other than his own to obtain, for his own benefit or that of a family member…public resources contrary to the law.” Traffic of Influence (Article 61): “The public official who, through his position, promotes or performs an improper act in the exercise of his functions, which results in an economic benefit for himself or for a third party, will engage in traffic of influence.” Nepotism (Article 63 Bis): “A public official commits nepotism when he, through the attributes of his employment or position, directly or indirectly, designates, appoints or intervenes…to employ a person who has kinship ties up to the fourth degree…or through marriage or common-law bond.” By others
Bribery (Article 66): “Any individual who promises, offers or delivers any undue benefit referred to in Article 52 [see above] of this Law to one or more public official, directly or through third parties, in exchange for such public official to perform or refrain from performing any act shall be an act of bribery.” Asset Forfeiture Law
The recent Asset Forfeiture Law overhauls forfeiture of assets deriving from illicit activities, including those related to organised crime, kidnapping, hydrocarbon theft, health, human trafficking, corruption, motor vehicle theft, illicit proceeds, and those committed by public officials, has become one of the most relevant laws affecting the response to corruption in Mexico. | 
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