Sunday , June 13 2021

The new organic law of the office of the Prosecutor General of the Republic was approved in the Senate

MEXICO CITY (Appro) .- With 70 votes in favor of Morena, PT, PES and the Green Party, 47 against the legislators of the Polish Academy of Sciences, PRI, MC and PRD and no abstentions, the Senate of the Republic has generally approved the new environmental law of the Prosecutor General of the Republic, which replaces the current Prosecutor General of the Republic (PGR), and creates four specialized prosecutors: Human Rights, Elimination Crimes, Combating Corruption and Internal Affairs,

The new law stipulates that the functions of a public prosecutor will consist of investigating and prosecuting crimes, prosecuting, seeking redress for the victimization of victims, adopting and, where appropriate, promoting the adoption of protection measures for victims, witnesses or other procedural subjects.

It can also interfere in the process of criminal execution, in active and passive extradition proceedings, as well as in activities incompatible with the Constitution or constitutional disputes.

The new Prosecutor General should prepare a criminal prosecution plan that will define national priorities set in the criminal policy to manage institutional allocations as well as the objectives of the prosecutor's office in the short, medium and long term.

His appointment will be subject to the provisions of article 102, Section A of the Constitution, i.e. the Senate will have 20 days to include at least 10 candidates who will be sent to the federal Board, which will have 10 days to formulate three who will return to the Senate for the plenary to choose a public prosecutor.

The new Organic Act stipulates that the head of the General Prosecutor's Office may be removed only by the President of the Republic for repeated violations of institutional goals; participate, tolerate, consent or support serious violations of human rights or commit serious violations of the Constitution.

General coordination of the General Prosecutor's Office will be established, which will authorize this coordinator to deliver to the Prosecutor General during his absence and will legally represent the Public Prosecutor's Office in legal matters conducted against him. The coordinator will be entitled to coordinate and cooperate with governmental, national and international authorities in the area of ​​security systems for victims, witnesses and other procedural subjects.

The Attorney General's Office will have an internal control authority, the holder of which will be appointed by the Chamber of Deputies with the current two-thirds vote of its members. It will last for four years and can be designated for the next period.

He will have a civic council as a specialized advisory body of honor and will issue recommendations. It will be integrated by five citizens who will carry out this task for five years.

In addition to four specialized prosecutor's offices, the General Prosecutor's Office will have three coordinators: investigation and prosecution; another of the research methods and one of the planning and administration methods.

Legislative debate

During the discussion, the PRI, PAN and PRD groups argued that the future head of the Attorney General's office would not obtain full autonomy, because he would depend on the future President of the Republic who would retain the right to remove the incumbent.

For their part, lawmakers Morena, PT and the Green Party stressed the need for a public prosecutor with a professional career and laid the foundations for the fight against insecurity and corruption, because this debate was delayed for four years.

In the gallery, former minister and current senator Olga Sánchez Cordero from Morena confirmed that the adoption of this new law restores the rule of law and that in the process of considering opinions, academic institutions, civic organizations and specialists

The former minister was applauded by most legislators when she declared that "the nation does not tolerate any more indifference or neglect in this institution, which is extremely sensitive to our country."

He stressed that political negotiations can not be prioritized, ignoring the needs of the country and not listening to civil society. Convicted that the new attorney general will not be a tool for "persecuting political opponents".

Senator Emilio Álvarez Icaza, independent, insisted on the need to move to the constitutional reform of article 102, "because if we do not have a federal and autonomous prosecutor's office, without the president's intervention, this model will be recreated in the states."

On behalf of the Social Meeting Senator Sasil de León said that this new prosecutor's model is "flexible" and considered that the arguments against them have no valid arguments.
Former PRD candidate for the Governor of the State of Mexico and current senator, Juan Zepeda, said that this organic law can not be approved without constitutional reform. He considered the initiative "simple simulation".

In turn, Miguel Angel Mancera, the former head of the capital's government and the current senator of the PRD, criticized that there is no autonomy, because the President of the Republic can remove the head of the Prosecutor General. He regretted that the recommendations of the National Institute of Penal Sciences had not been taken into account and that it was not clear how they would regulate relations with the police of inquiry.

The Green Party supported the initiative, and on this platform, Israel Zamora said that there is a four-year delay in this new model and that the opinion establishes a criminal investigation plan that will change the orientation of human, material and financial resources to give priority to situations that go beyond society.

In contrast to the ruling, senator Samuel García, from Movimiento Ciudadano, confirmed that the PGR staff are transferred to the prosecutor general's office "with vices, quotas and companies" and that only the name changes. He criticized that new technologies, contracts and data exchange were not included.

On behalf of the PRI Claudia, Anaya felt that the attorney-general should not have the power to remove special prosecutors or coordinators and members of the Advisory Board. He reminded the demand of civic organizations that wanted full autonomy.

On the other hand, PANIST Damián Zepeda recognized that the General Prosecutor's Office is the "most important" institution that fights against insecurity, corruption and impunity, and to really act, it must "protect all independent institutional scaffoldings".

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