Global Bribery Offenses Guide - 4 December 2019 - Litigation - Mondaq Mexico - Mondaq Business Briefing - Books and Journals - VLEX 828656333

Global Bribery Offenses Guide - 4 December 2019

Author:Mr Rodrigo Garcia Moncada
Profession:DLA Piper
 
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  1. What is the legal framework governing bribery in Mexico?

    Bribery-related offences in Mexico are mainly governed by:

    The Federal Criminal Code (Código Penal Federal) (FCC); The General Law of Administrative Responsibilities (Ley General de Responsabilidades Adminsitrativas) (GLAR); and The Criminal Codes of each of the Mexican states. 2. What is definition of Bribe under Mexican Law?

    As provided under article 222 of the FCC, a bribe is committed when:

    a public official, either directly or indirectly, requests or receives for themself or for another person, money or any other benefit, or accepts a promise, to perform or fail to perform an act that is inherent to their job, position or commission as public official; a person gives, promises or delivers any benefit to any elected public official to perform or fail to perform an act that its inherent to their job, position or commission as public official; or a member of congress, when performing their duties during the process of approving the corresponding budget of disbursements (presupuesto de egresos), requests any of the following: the allocation of resources in favor of a public entity, demanding or obtaining for himself or herself or for another person, a payment, gift or consideration, in money or in kind, different from their salary as a public official; or the execution of public works or service contracts in favor of certain individuals or companies. Note: A bribery offence is also committed when any person handles or requests, on behalf of such congressman, the allocation of resources or the execution of public works or service contracts in the same terms described above.

    As provided by the GLAR, a bribe is committed when:

    a public official requests, accepts, obtains or pretends to obtain, either directly or indirectly, any benefit not comprised within their salary, consisting in money; securities; assets or real estate; including any sale with a price that is remarkably under market value; donations, services; job offers and other unduly benefits for the public official or their spouse, relatives or third parties with whom the public official has professional, labor or business relations, or for partners or companies in which the public officials is a partner; or a public official refrains from returning the excess in their payment according to the applicable rules, within 30 calendar days from reception of such payment. As provided under article 222 bis of the...

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