The purpose of this notice is to inform you of the approval of the decree adding Article 276 Quater (the “Article”) to the Penal Code of the Federal District (now Mexico City), published in the Official Gazette of Mexico City on April 16th, 2024 (the “Amendment”), by means of which the crime of real estate corruption for public officials is classified.
Main Objectives of the Amendment
The purpose of the Amendment is to penalize and reduce the acts or omissions of public officials that result in the breach of legal provisions concerning the construction and development of real estate, explicitly prohibiting the construction of additional floors/stories beyond those authorized.
Implicaciones Legales
Pursuant to the Article, public officials who commit the crime of real estate corruption may receive a penalty of ten to twenty years of imprisonment, regardless of any other types of sanctions that may apply for other offenses.
Additionally, when a public official commits the crime of real estate corruption with the intent to derive benefits (whether in cash or in kind) in favor of: i) themselves; ii) their spouse or partner; iii) direct descendants or ascendants; iv) relatives by blood or affinity up to the fourth degree; v) third-parties with whom they have emotional, economic or direct administrative dependency ties; vi) business partners; or vii) companies in which they are involved, such act or omission shall be considered aggravated and therefore the penalty of imprisonment shall be increased by an additional half.
In conclusion, we consider that the Amendment not only aims to reduce the acts and omissions resulting in the breach of various legal provisions regarding real estate development, but also aims to discourage and eradicate the irregular issuance of construction permits.
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