VI. From the General Law to Prevent and Punish Kidnapping Crimes, Regulatory of section XXI of article 73 of the Political Constitution of the United Mexican States, those set forth in articles 9, 10, 11 and 15;
VII. Smuggling and its equivalent, foreseen in Articles 102 and 105 of the Federal Fiscal Code;
VIII. Tax Fraud and its equivalent, as provided in Articles 108 and 109 of the Federal Fiscal Code;
IX. From the Industrial Property Law, the crimes foreseen in Article 223;
For what crimes can companies in Mexico be convicted?
X. From the Law of Credit Institutions, those provided for in Articles 111; 111 Bis; 112; 112 Bis; 112 Ter; 112 Quater; 112 Quintus; 113 Bis and 113 Bis 3;
XI. Of the General Law of Credit Instruments and Operations, those set forth in Articles 432, 433 and 434;
XII. Of the General Law of Credit Organizations and Auxiliary Activities, those set forth in Articles 96; 97; 98; 99; 100 and 101;
XIII. Of the Securities Market Law, those set forth in Articles 373; 374; 375; 376; 381; 382; 383 and 385;
XIV. Of the Law of the Retirement Savings Systems, those provided for in Articles 103; 104 when the amount of the disposition of the funds, securities or documents handled by the workers in connection with their purpose, exceeds three hundred and fifty thousand days of general minimum salary in force in the Federal District; 105; 106 and 107 Bis 1;
XV. Of the Investment Funds Law, those provided for in Articles 88 and 90;
For what crimes can companies in Mexico be convicted?
XVI. Of the Law of Credit Unions, those provided for in Articles 121; 122; 125; 126 and 128;
XVII. Of the Law to Regulate the Activities of Savings and Loan Cooperative Societies, those provided for in Articles 110; 111; 112; 114 and 116; XVIII;
XVIII. Of the Law of Savings and Popular Credit, those provided for in Articles 136 Bis 7; 137; 138; 140 and 142;
XIX. Of the Law of Commercial Insolvency, those provided in Articles 117 and 271;
XX. Those provided for in Article 49 of the Federal Law for the Control of Chemical Substances Susceptible of being diverted for the manufacture of Chemical Weapons;
XXI. Those provided for in Articles 8, 9, 14, 15, 16 and 18 of the Federal Law for the Prevention and Punishment of Crimes Committed in the Matter of Hydrocarbons, and
XXII. In other cases expressly provided for in the applicable legislation.
The companies for the crimes described above may be sentenced to:
(a) Suspension of activities, for a term of between six months to six years.
b) Closure of premises and establishments, for a term of between six months and six years.
c) Prohibition to carry out in the future the activities in the exercise of which it has been committed or participated in its commission, for a term of between six months to ten years.
For what crimes can companies in Mexico be convicted?
d) Temporary disqualification consisting of the suspension of rights to participate directly or through an intermediary in contracting procedures or enter into contracts regulated by the Law on Public Sector Procurement, Leasing and Services, as well as by the Law on Public Works and Services related thereto, for a term of between six months to six years.
e) Judicial intervention to safeguard the rights of workers or creditors for a term of six months to six years.
It should be noted that in addition to the penalties described above, the companies (owners and partners) will be liable with their assets for the reparation of the damage caused by the commission of the respective offense, in addition to the penalties that may be imposed in particular for the participation in the punishable act on the part of the natural persons.
It is important to point out that, in all cases, the penalties may be mitigated by up to one fourth, if prior to the act with which they are charged, the legal persons had a permanent control body in charge of verifying compliance with the applicable legal provisions to follow up on the internal policies of crime prevention and that they have carried out before or after the act with which they are charged, the reduction of the damage caused by the typical act.
In view of the above, it is important that you contact us at Abogados Cabo, in order to carry out a due analysis of the internal structures of the company, and in case you do not have one or it is deficient, to structure an internal control body and thus avoid that your person and assets are affected by the carelessness and improper control of your subordinates, or in case you are already being prosecuted for any of the crimes mentioned above, to provide a timely defense.
For what crimes can companies in Mexico be convicted?
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