Thursday , October 21 2021

The new organic law of the Attorney General was approved by the Senate


With the 70 votes in favor of Morena, PT, PES and Green Party, 47 against the legislators of PAN, PRI, MC and PRD, and zero abstentions, the Senate of the Republic has generally approved the new organic law of the Attorney General of the Republic , Replacing the current Attorney General of the Republic (PGR), and creating four special prosecutors: human rights, election crimes, the fight against corruption and domestic affairs.

The new law states that the prosecutor's job will be to investigate and prosecute crimes, prosecute, seek compensation for the damage to victims, adopt, and, where necessary, promote the adoption of protective measures for victims, witnesses or other procedural matters.

He may also intervene in criminal proceedings, in active and passive extradition proceedings, as well as in unconstitutional or constitutional disputes.

The Attorney General must prepare a criminal prosecution plan that will determine national priorities set in criminal policy to guide the institutional references, as well as the State Attorney's goals in the short, medium and long term.

His appointment will be subject to the provisions of Section 102, Article A of the Constitution, that is, the Senate will have 20 days to combine a list of at least 10 candidates that will be sent to the Federal Executive, which will have 10 days to form three to be returned to the Senate for the Plenum.

The new organic law states that the head of the General Prosecutor's Office can only be removed by the President of the Republic for repeated violation of institutional objectives; Participate, tolerate, agree to or support serious violations of human rights, or commit serious violations of the Constitution.

General coordination will be established by the General Prosecutor's Office, which will strengthen the coordinator who will provide the Attorney General with his absences, and will legally represent the State Attorney's Office in the legal matters of actions promoted against him. This coordinator will be able to coordinate and collaborate with government, national and international agencies for victim security programs, witnesses and other procedural matters.

The Office of the Attorney General shall be an internal control body whose function shall be appointed by the House of Representatives by a two-thirds vote of its members. This will last four years and may be destined for the subsequent period.

It will be the Citizens Council as a dedicated advisory body, of a respectful nature, will issue recommendations. It will be integrated by five citizens who will carry out the mission for five years.

In addition to the four special prosecutors' offices, the Attorney General will have three coordinators: an investigation and a criminal prosecution; Another method of research, and one of planning and administration.

Legislative discussion

At the discussion, the PRI, PAN and PRD groups argued that the future head of the State Prosecutor's Office does not accept full autonomy because it will depend on the next president of the Republic, who will retain the power to remove the incumbent.

For their part, the legislators of Morena, PT. And the Green Party insisted on the need for a general prosecutor with a professional career and laid the foundation for the fight against insecurity and corruption, for this debate was delayed for four years.

In the gallery, former minister and current Senator Olga Sánchez announced that the approval of the new law is a reestablishment of the rule of law and that in the course of the discussion of the opinion, academic institutions, civil organizations and experts

The former minister won a protest by most legislators when she declared that "the people no longer tolerate indifference or negligence in this institution, which is most sensitive for our country."

He stressed that political negotiations can not be given priority, ignoring the needs of the state and without listening to civil society. It was decreed that the new attorney general would not be a tool "for the persecution of political opponents."

Senator Emilio Alvarez Iixe, an independent, insisted on the need to reform the constitutional article 102, "because if we do not have an autonomous federal prosecutor's office, without the president's intervention, this model will be replicated in countries."

On behalf of the Social Gathering Party, Senator Cecil de Lyon said that this new model of the prosecutor's office is "flexible", and thought that the arguments against there are no substantive arguments.
A former Fred candidate for Mexico's governor and current senator Juan Zapda said that this organic law could not be approved without constitutional reforms. He saw the initiative as a "simple simulation."

In his post, Miguel Angel Manzherra, former prime minister of the capital and current PRD senator, criticized the lack of autonomy that the president of the republic could remove the head of the attorney general. He regretted that the recommendations of the National Institute of Criminal Sciences had not been taken into account and that there was no clarity as to how the relations with the Investigative Police would be arranged.

The Green Party supported the initiative, and on the platform Israel Zmora said there was already a four-year delay in the new model, and that the opinion sets out a plan of criminal prosecution that would reinvest human, material and financial resources in order to prioritize the situation.

Contrary to the verdict, Sen. Samuel Garcia of Movimiento Ciudadano confirmed that the PGR personnel are being transferred to the Attorney General's Office with "beatings, quotas and apprentices" and that only the name changes. He criticized that new technologies, art and data exchange are not included.

In the name of the PRI lobby, Claudia Anaya thought that the attorney general did not have the power to remove the special prosecutors or coordinators and members of the advisory council. He recalled the demand of civil organizations that wanted full autonomy.

On the other hand, Danist Damian Zafda believed that the General Prosecutor's Office is the most important institution for combating insecurity, corruption and impunity, and in order for this to work, he demands "to protect all institutional scaffolds with independence."

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