Proceeds of crimes

United Mexican States

Mexico - Constitution 1917 (2015) EN

''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 22''

Appropriation in the following cases shall not be deemed as confiscation: a)

appropriation of property ordered by the judicial authority under the terms provided

by Article 109 in case of illicit enrichment; b) appropriation of seized goods that were

abandoned by the owner; and c) appropriation of goods, which ownership has been

declared extinct by a sentence. In the event of ownership extinction, there shall be a

procedure according to the following regulations:

I. Ownership extinction procedure shall be jurisdictional and autonomous

from the criminal proceedings.

II. Ownership extinction procedure shall be applied in cases of organized

crime, drug trafficking, kidnapping, car theft, human trafficking and illicit

enrichment. Ownership extinction procedure is to be applied to the

following goods:

a. Those goods that are instrument, object or product of a crime, even

though criminal responsibility has not been established by a sentence,

as long as there is enough evidence to determine that the crime has

occurred.

b. Those goods that are not part, instrument or product of a crime but

that have been used to hide or mix crime assets, provided that the

elements established in the previous clause have been met.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and