Key Differences Between the Penalties Faced by Public Servants and Civilians for Crimes in Mexico

Have you ever heard of the term “public servant”? It refers to any individual working for the government or an entity owned by the government. For instance, in Mexico, police officers and anyone working for Secretaría de la Defensa Nacional (the Secretariat of Defense) count as public servants.

Public servants are entrusted with the responsibility to act for the betterment of society. In simpler words, they’re supposed to function as role models—so if they commit a crime, their actions are put under significant scrutiny. But how are the penalties public servants face for committing crimes in Mexico different from civilians?

Here’s a look at key differences between the penalties faced by public servants and civilians for committing crimes in Mexico.

The Penalties for Drug-related Crimes are 1.5 Times More for Public Servants Compared to Civilians

With Mexico’s drug war showing no signs of slowing down, the role of public servants in preventing drug-related crimes is more important than ever. But what happens if a public servant commits a drug-related crime?

According to Article 194 of Mexico’s Federal Penal Code, civilians face 25 years in prison and a fine worth 500 days of their daily income for producing, selling, trafficking, and/or supplying drugs in Mexico. In contrast, public servants who commit these crimes face over 37 years in jail, a fine worth 750 days of their daily income, and disqualification from holding public office positions for five years as per Article 196.

It’s worth noting that public servants who authorize or tolerate drug crimes face the same penalties as civilians who commit them. In simpler words, if you’re a public servant in Mexico who finds out about civilian drug trafficking activities, you must act on this information immediately. If you don’t, you could lose your job, pay a hefty fine, and serve a lengthy jail term!

The Penalties for Crimes Involving Minors are Double for Public Servants Compared to Civilians

Mexico has extremely tough penalties for civilians who commit crimes involving minors. For instance, sending pornographic materials to a minor is punishable with up to 5 years in prison and a fine worth 500 days of your income as per Article 200 of the Federal Penal Code. But what if you’re a public servant? If that’s the case, you’ll face 10 years in prison and a fine worth 1000 days of your income for committing the same crime.

In other words, public servants face double the penalties civilians face for committing crimes involving minors as per clauses E, F, and H of Article 205. They also face instant dismissal from their job for the duration of their jail term.

The Penalties for National Security Crimes Are Double for Public Servants Compared to Civilians

One of the most important roles of a Mexican public servant is to defend the country against groups that pose a national security threat like the Zapatista Army of National Liberation. Public servants typically have access to information civilians don’t, like strategic interest reports and confidential documents. If they pass these documents to rebel groups, they face up to 40 years in prison and a fine of up to 50,000 pesos as per Article 133 of the Federal Penal Code.

In comparison, civilians are only liable for a maximum of 20 years in prison and a fine worth 50,000 pesos for providing rebels the strategic help as per Article 135.

The Penalties for Aiding Criminal Organizations Are 1.5 to 1.7 Times More for Public Servants Compared to Civilians

Imagine quitting your role as a public servant to become a gang member. It might sound farfetched, but plenty of individuals like former Mexican police chief Gilberto Lerma Plata have gone down this route!

This is why Article 164 of Mexico’s Federal Penal Code states that former public servants who join gangs to commit crimes are liable for 15 years in prison and a fine worth 450 days of their daily wages. In contrast, civilians committing the same crime are liable for 10 years in prison and a fine worth 300 days of their income.

If a public servant joins a gang and proceeds to commit organized crimes, the penalties they face will be two-thirds more than those faced by civilians as per Article 164 bis.

Fabian Meneses of Meneses Legal Helps Clients Try and Obtain Reduced Penalties for Cross-Border Crimes

Whether you’re a public servant or a civilian, if you’re charged with committing a cross-border crime and need help reducing the penalties against you, contact Fabian Meneses at Meneses Legal ASAP. We’ve provided everything from drug crimes attorney services to sex crimes attorney services and always do our utmost to protect our reputation as being some of Mexico’s best criminal defense lawyers. We also help clients defend themselves against firearms, homicide, and contraband smuggling charges.

If you’re eager to let a top criminal lawyer in Tijuana help you obtain the best possible result in court, leave us a message on our website and we’ll get back to you as soon as possible.