- The Nation, States and Municipalities;
- Other corporations of a public nature recognized by law;
- Civil and mercantile corporations;
- Labor unions, professional associations and others referred to in section XVI of article 123 of the Federal Constitution;
- Cooperative and mutual societies;
- Associations other than those listed above that have political, scientific, artistic, recreational or any other lawful purpose, provided they are not disregarded by law.
- Foreign legal entities of a private nature, with the capacity to have rights and obligations.
For what offenses can companies be convicted?
Although all the listed legal entities have rights and obligations and therefore may incur in liabilities, for the purpose of this article we will focus on those of a private nature, i.e. those listed in sections 3 to 7, which we will simply refer to as “COMPANIES”.
According to the law, all companies operate and are bound by the bodies that represent them, whether by law or according to the provisions of their articles of incorporation and bylaws, such private entities usually constitute an administration through a management body (board) or a sole general manager. Legal entities have their domicile in the place where their administration is established, and in case they are incorporated abroad, if they carry out operations in Mexico, they must establish a domicile in our country.
Pursuant to the criminal law, any of the conducts typified as crimes may be committed by a company by a person who is a director, administrator, officer, employee, attorney-in-fact or service provider of any legal entity during the time he/she works for such entity. In crimes related to operations with resources of illicit origin, the company will also be liable if any of those listed commits the crime within two years of having separated from any of said positions.
In the event of the commission of any crime attributable to the company, the owners of the companies, as well as their partners, are obliged to repair the damage (managers and directors may also be liable in a subsidiary manner under the same terms in which, according to the law, they are responsible).
For what offenses can companies be convicted?
But in what crimes can a company be involved, according to Article 11 Bis of the Federal Criminal Code (the last amendment of which was published on March 9, 2018 in the D.O.F.), companies may be involved in the commission of the following crimes:
A. Of those provided for in the Federal Criminal Code, in:
I. Terrorism (articles 139 to 139 Ter and international terrorism provided for in articles 148 Bis to 148 Quater);
II. Illegal use of air traffic facilities (article 172 Bis);
III. Against health (articles 194 and 195);
IV. Corruption of persons under 18 years of age or of persons who do not have the capacity to understand the meaning of the act or of persons who do not have the capacity to resist it (Article 201);
V. Influence peddling (article 221);
VI. Bribery (articles 222, section II, and 222 bis);
VII. Forgery and alteration of currency (Articles 234, 236 and 237);
For what offenses can companies be convicted?
VIII. Against national consumption and wealth (article 254);
IX. Trafficking of minors or persons who do not have the capacity to understand the meaning of the act (article 366 Ter);
X. Habitual commercialization of stolen objects (Article 368 Ter);
XI. Vehicle theft, possession, trade and trafficking of stolen vehicles (Articles 376 Bis and 377);
XII. Fraud (Article 388);
XIII. Concealment (Article 400);
XIV. Operations with resources of illicit origin (article 400 Bis);
XV. Against the environment (articles 414, 415, 416, 418, 419 and 420);
XVI. In matters of copyrights (article 424 Bis); federal, in:
For what offenses can companies be convicted?
B. Of the crimes established in the following ordinances:
I. Stockpiling and trafficking of arms, provided for in Articles 83 Bis and 84, of the Federal Law of Firearms and Explosives;
II. Trafficking in persons, provided for in Article 159 of the Immigration Law;
III. Organ trafficking, provided for in Articles 461, 462 and 462 Bis of the General Health Law;
IV. Trafficking in persons, provided for in Articles 10 to 38 of the General Law for the Prevention, Punishment and Eradication of Crimes related to Trafficking in Persons and for the Protection and Assistance to the Victims of these Crimes;
V. Clandestine introduction of firearms that are not reserved for the exclusive use of the Army, Navy or Air Force, as provided in Article 84 Bis of the Federal Law of Firearms and Explosives;
Continue reading here: https://lawincabo.com/for-what-crimes-can-companies-in-mexico-be-convicted
