Elections in Mexico

Electoral Crimes

 

As a result of the campaigns and the elections in Mexico on June 6th, 2021, the general public witnessed electoral crimes against different political parties of some specific candidates.

 

What do we mean by the term electoral crimes?

 

Electoral crimes are all the actions or omissions that damage or endanger the proper development of the electoral function and undermine the characteristics of the vote, which must be universal, free, direct, personal, secret, and non-transferable.

 

Who can commit electoral crimes?

 

During the process of the elections in Mexico, we found that anyone could commit this type of activity, whether they are electoral officials, partisan officials, pre-candidates, candidates, public workers, campaign organizers, or ministers of religious cults.

 

These behaviors are contained in the General Law on Electoral Crimes, and include very clear sanctions for those who commit them.


Elections in Quintana Roo


The State Attorney General Office of Quintana Roo reported that during the electoral process that began on April 4th in this entity, sixty-eight investigation folders were opened, of which forty are related to the elections, and another twenty-eight in the context of the day, for various crimes.

 

During the last 24 hours, the authority arrested eighteen people for conducts related to possible electoral crimes in three municipalities:

 

  1. 13 in Solidarity (including a city hall employee)
  2. 4 in Benito Juarez
  3. 1 in Tulum

 

The electoral crimes reported, involved requesting votes by promise, buying votes, collecting voter credentials without cause provided by the law, inciting the vote, or obstructing the development of the elections.

 

Article 265 of the Penal Code of Quintana Roo

 

These electoral crimes are classified in article 265 of the Penal Code of the State of Quintana Roo, for which a possible follow-up in criminal matters is foreseen.

 

The penalty that our law establishes is a sentence of fifty to one hundred days, fine or imprisonment, which can be from six months to five years, or both sentences at the judgment of a criminal judge.

 

These sanctions apply to anyone who fraudulently propagates false news regarding the development of the elections in Mexico or regarding the official results contained in the tally and tally sheets; among others.

 

Fuerza por México

 

In the municipality of Benito Juarez, it was announced that the General Council of the Electoral Institute of Quintana Roo confirmed the cancellation of the registration for the candidate of the political party Fuerza por México (Strength for Mexico), who was running for the municipal presidency of Benito Juarez.

 

The Electoral Court of Quintana Roo ordered his cancellation in compliance with the sentence for political violence based on gender, suffered by the candidate of the coalition "Together We Will Make History in Quintana Roo", currently mayor of Benito Juarez.

 

In addition to confirming political violence based on gender, in its ruling, the Electoral Court ordered the candidate to refrain from taking actions or omissions that directly or indirectly have as their object or result, to intimidate, disturb or cause damage, prejudice, or obstruct the personal and professional development.

 

Additionally, the name of the candidate will be registered in the Electoral Institute General Counsil in the State Registry of Persons Sanctioned in Matters of Political Violence Against Women on Gender Reason, of the State of Quintana Roo.

 

With the intention that the Electoral Tribunal make the respective communication to the National Electoral Institute for its registration in the National Registry, it is proposed to classify this offense as ordinary serious and request a sanction of four years of permanence in the aforementioned Registry.

 

As a measure of restoration, it was ordered that within twelve hours after the notification of the execution, the candidate must offer a public apology, verbally and in writing, through the same means in which the denounced message was issued, which was his own Facebook fanpage, as established in the ruling.

 

In addition, both the State Attorney General Office and the Internal Control Body of the Municipality of Benito Juarez must participate in the proceeding to investigate the presumption of felonies of a penal and administrative nature, in terms of their respective attributions.

 

Where should you report an electoral crime?

 

The competent authority to receive your complaint is the Special Prosecutor for Electoral Crimes (Fede), which offers you three ways of attention:

 

  1. Calling Fedetel at 800 833 72 33
  2. Visiting the website www.fedenet.org.mx
  3. Going directly to the prosecutor’s office of your state, to file the report

 

The Special Prosecutor’s Office for Electoral Crimes is a unit with the capability to request assistance from other entities such as state police, state prosecutors, the General Attorney’s Office, as well as the Finance Ministry and tax authorities, in order to carry out the corresponding investigations.

 

When doing the report, it is important that you offer all the evidence and data that you know on the subject, such as people involved, time, place, crimes they committed, and, if possible, that you share a photo, recording, or video.

 

To learn more about this or other legal issues of interest, follow us on our networks as Defend Abogados on Facebook, YouTubeInstagramLinkedIn  and visit our official site 

 

If you would like to know more about the election process in México or any other topic, leave us your comments and our experts will gladly develop more information in our next publications. Keep in mind that if you have a legal problem, our law firm has specialists ready to solve any situation and restore your peace of mind.

 

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