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Initiative to amend the articles 108 and 111 of the Mexican Constitution

On December 4, the President of Mexico, through the Interior Ministry, presented before the Senate a constitutional reform initiative which seeks to reform Articles 108 and 111 of the Political Constitution of the United Mexican States (the “Constitution“) to modify the wording of the constitutional text in order to establish that the President can be criminally tried for the commission of a series of actions that the proposed Constitutional amendment mentions.

In this regard, the current text of article 108 of the Constitution provides that the President of Mexico, during his term of office, may be judged only for treason and for serious crimes against public order. On the other hand, the reform initiative proposes that the text of the aforementioned article be expanded so that the President can also be tried for acts of corruption, electoral crimes, as well as serious crimes in general, without the need for them to be committed against public order.

This initiative also seeks to amend article 111 of the Constitution so that it makes clear that it is possible to institute criminal proceedings against the President, as opposed to the previous wording in which the term was not mentioned.

By virtue of the foregoing, if the constitutional initiative presented by the President is approved, in the event that the President commits a crime of treason, corruption, electoral crimes or crimes that are considered serious, an indictment must be filed before the Senate, which will create a sentencing jury and pass a resolution that must be approved by at least two thirds of those present at the corresponding session.

Finally, in order for this initiative to be approved, it will be necessary for at least two thirds of the Congress of the Union to vote in favor and for a majority of the legislatures of the states of the Republic to approve it, which is very likely, considering the current political situation in Mexico.

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