The opinion issued by the Amnesty Act, in favour of misdemeanor criminal prosecutions, was generally approved by the Chamber of Deputies.
The document, which was approved by 306 votes in favour, 129 against and four abstentions, states that potential beneficiaries of this pardon must meet three conditions: that the sentence of the accused be the first; that no crime of deprivation of life, kidnapping or crimes against personal integrity has been committed and, no firearms have been used.
Read more: What yes and what does not propose the Amnesty Act sent by AMLO to Congress
According to the opinion, the offences in which amnesty could be applied are abortion, which includes both the woman who interrupted the pregnancy, as well as medical equipment and practitioners of the procedure; crimes against health, possession and transport of narcotics, for people in a state of vulnerability; and those committed by indigenous people who have not been guaranteed due process.
You can also apply for simple theft without violence and non-repeat; sedition and political crimes, with the exception of terrorism, and the crime of homicide on the basis of kinship.
306 votes in favor, 129 against and 4 abstentions. The Plenary generally endorses the draft decree issuing the Amnesty Act. Start the discussion in the particular. https://t.co/EBSw4Dm7ZA
— Chamber of Deputies (@Mx_Diputados) December 11, 2019
As approved by The Members, the Amnesty Act will not benefit those who have committed crimes against life or bodily integrity, or those who committed kidnappings or have used firearms; as well as those who have been convicted of serious crimes of the federal order.
In addition, the president shall include a commission that monitors law enforcement, which will determine whether the benefit is appropriate, to submit the decision to the decision of a federal judge. This, within 60 business days after the entry into force of the law.
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“Persons to whom the law benefits may not in the future be detained or prosecuted for the same acts. The Ministry of the Interior will coordinate actions to facilitate the social reintegration of persons benefiting from this law, in terms of the applicable legislation,” the opinion states.
The application for amnesty must be resolved within four months of submission.
In the meantime, the Ministry of the Interior will promote to the governments and legislatures of the states the issuance of amnesty laws for the commission of crimes provided for in their respective laws.
So far, Members have disputed reservations in Articles 1, 2, 3, 4, 5, 6, 7 and 8 of the opinion, prior to their adoption in particular.
It’s more populism than seeking justice: PAN
PAN members who voted against the opinion said that it “represents more of an act of populism than an act in search of justice,” as they felt that it does not address causes.
Mr José Elías Lixa Abimerhi, a member of the Committee on Justice, said that this law is only aimed at those who have been prosecuted by the federal courts, when most crimes, he explained, are dealt with at the local level.
He also stated that potential beneficiaries of the law belonging to indigenous groups and communities, and who have been prosecuted without an interpreter, “do not require an Amnesty Law for legal processes in Mexico, as it is an obligation to have an interpreter, because it is already set by our standards.
“It will create a very risky loophole in the coming days, because it will apply from its entry into force, that is, by now to be published in the Official Journal of the Federation (DOF) to enter into force, it will take enough days for those who want to go out and steal it will be able to do it on an unpunished basis in the coming days,” he said of the amnesty for simple theft without violence.
He also criticized that the causes of the victims, nor the reparation of the damage, should not be addressed.
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