Federal Criminal Code of Mexico
Introduction
The Federal Criminal Code (Código Penal Federal, CPF) is the principal federal criminal statute in Mexico, enacted in 1931 to replace the Criminal Code of 1871 (the Martínez de Castro Code). The CPF defines federal crimes, establishes penalties, and sets general principles of criminal liability. The Code applies to crimes falling within federal jurisdiction, while state criminal codes govern ordinary crimes.
Historical Development
The first Mexican criminal code was the Criminal Code of 1871, drafted by Antonio Martínez de Castro, which established the foundations of Mexican criminal law. The current Federal Criminal Code of 1931 reflected post-revolutionary values and incorporated the social defense theory of criminal law. The Code has been substantially amended to: introduce the 2008 adversarial system reforms; criminalize organized crime, human trafficking, and femicide; and incorporate international criminal law obligations.
General Principles
The CPF establishes: the principle of legality (nullum crimen sine lege); territorial and extraterritorial jurisdiction; the definition of criminal conduct (action and omission); causation; criminal intent (dolo) and negligence (culpa); attempt; complicity; and defenses (self-defense, necessity, duress, mistake of fact). The Code applies the principle of ley penal favorable (retroactive application of more favorable criminal law).
Federal Crimes
Federal crimes defined by the CPF include: drug trafficking and drug-related offenses; organized crime (delincuencia organizada); human trafficking; firearms and explosives offenses; money laundering; corruption and bribery; terrorism; crimes against the environment; intellectual property crimes; cybercrime; and crimes against the administration of justice. The classification of a crime as federal depends on the nature of the offense or the affected interest.
Penalties
The CPF establishes a system of penalties including: imprisonment; fines (multa); community service; suspension or disqualification from public office; and forfeiture of assets. Imprisonment terms vary by offense, with maximum penalties typically not exceeding 60 years. The Constitution prohibits life imprisonment (Article 22) and the death penalty. Sentencing considers aggravating and mitigating factors.
Reform History
Major reforms include: the 2008 criminal procedure reform (modifying penalties and procedural provisions); the incorporation of crimes against humanity (Article 149 ter) and genocide (Article 149 bis) following Rome Statute ratification; the criminalization of femicide (2012); and enhanced penalties for organized crime and corruption. The CPF continues to evolve in response to changing criminal patterns and social demands.
Conclusion
The Federal Criminal Code provides the comprehensive legal framework for federal criminal law in Mexico, defining crimes, establishing penalties, and setting general principles of criminal liability. The Code has evolved significantly since 1931, reflecting changes in criminal policy, international obligations, and constitutional standards.