On 12 March 2014, the executive order that creates the Fiscalía Especializada en Materia de Delitos Relacionados con Hechos de Corrupción (Specialized Office for Prosecuting Offenses Related With Corruption) was published by the Mexican Attorney General (Procurador General de la República). The new office’s purpose is to investigate and prosecute corruption and other federal offenses committed by public servants.
The creation of this new office is in response to last month's constitutional amendments on several political topics. Further, this constitutional amendment replaces the Procuraduría General de la República with the Fiscalía General de la República. These changes to the constitution are part of a group of amendments that the current administration is boosting in order to combat corruption.
In addition, with the creation of this office, the Mexican government aims to strengthen institutional mechanisms to detect, sanction, and eradicate corruption in Mexico and to comply with its obligations under international treaties for preventing corruption, such as the United Nations Convention against Corruption.
The new office will enforce the Ley Federal de Responsabilidad de Servidores Públicos (Federal Law of Public Servers’ Liability), Ley Federal Anticorrupción en Contrataciones Públicas (Anticorruption Federal Law in Public Procurement), and other anticorruption laws still pending approval from Congress.
This executive order creating the Specialized Office for Prosecuting Offenses Related With Corruption will become effective when the prosecutor in charge of said office is named by the Senate.
The current administration’s aim is to tackle corruption in the public administration and increase the security of private companies doing business in Mexico. A clear example of the latter is that, at the end of 2013, the Mexican Senate approved a constitutional amendment that envisages the enactment of the “General Law on Liability and Fighting Against Corruption” (Ley General en Materia de Responsabilidades y Combate a la Corrupción), a new legislation that will regulate more thoroughly the combat against corruption.1