indemnification to the State, an obligation of corrupt officials

To compensate the State for damages of corruption, it is an obligation. The Integral Organic Criminal Code (COIP for its Spanish acronym) proposes the repair of damages caused by the infraction.

It is not only a matter of arresting the corrupt officials but of compensating the state, says Eduardo Carmigniani in an article published in Daily Expreso days ago.

But the return of resources in these cases is already covered in the COIP. Legal expert Jorge Zavala explains that the Organic Code obliges the judge to order the integral reparation of the damages. “Precautionary measures are sentenced to secure the resources, the assets are auctioned, and the money is recovered,” he emphasizes.

But are there laws to tackle corruption? There is no particular law under the anti-corruption title. However, the COIP condemns illicit enrichment, money laundering, bribery, embezzlement and organized crime. The sentences range from 3 to 13 years of imprisonment.

The opposition says that the breeding ground for corruption is the constitutional apparatus, which led to the abuse of power and the lack of independence of state functions.

Henry Cucalón, the coordinator of the Social Cristiano-Madera de Guerrero Party (PSC-MG), explains that the neuralgic fault is in the Judicial Function. “The Justice function did not do its job. Prosecutors and judges concealed and thrived on corruption,” he says. (I)