15 Mar Constitutional Amendment Decree whereby the 22nd and 73rd Articles of the Mexican Constitution, Regarding the Extinction of Ownership, are Amended.
As of March 15th, 2019, the constitutional amendment will become effective, whereby: (i) the second paragraph of the article 22 will be reformed, and a third, fourth and fifth paragraph will be added to the same article, and (ii) the amendment to the XXX subsection of the article 73 of the Mexican Constitution (“CPEUM”) was approved.
The purpose of the amendment of the article 22 is to extinguish the ownership of such assets that derive from investigations of corruption, fraud, crimes committed by public officers, organized crime, car theft, illicit origins, health crimes, kidnapping, extortion, human traffic and crimes regarding hydrocarbons, oil as well as chemicals, and cannot be credited as legitimate assets.
The action of extinction of ownership will be exercised by the Public Prosecutors Office, through a civil proceeding, aside from the criminal procedure.
The amendment to the subsection XXX of the article 73 CPEUM will empower the Congress to elaborate an act regarding the extinction of ownership, according to the article 22 CPEUM.
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Rafael Sánchez
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Franscela Sapien
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