For many years, business leaders and legal professionals in Mexico have understood that corporations and other legal entities could only be prosecuted for a limited set of criminal offenses. However, the Supreme Court of Justice has recently challenged this interpretation, significantly broadening the scope of corporate criminal liability.
In a ruling issued in April 2025—whose final version is still pending publication—the Court declared unconstitutional the provision in the National Code of Criminal Procedure that established a “closed catalog” of offenses. Under this new legal standard, a company may be prosecuted for any offense under state legislation, provided the conduct occurred “within its sphere of control.”
This decision increases the theoretical risk of criminal liability for corporations. The practical risk will depend on prosecutorial discretion, but all indications suggest that such proceedings will become increasingly common. International experience shows that corporate prosecutions tend to enjoy strong public and legislative support.
In light of this evolving legal landscape, prudent executives must reassess their internal operations and strengthen compliance mechanisms to prevent employees from exposing the company to substantial penalties.
An effective and practical compliance and ethics program can offer meaningful protection and help prevent crimes against the company itself. However, such a program is only truly effective if it is well-designed, culturally and legally adapted to Mexican conditions, and operational in practice—not merely theoretical.
At EC Rubio, our robust combination of legal and compliance expertise can help safeguard your business. Whether you are a multinational seeking to ensure local implementation of your compliance program, or a Mexican company that has yet to prioritize this area, we offer effective and cost-efficient legal guidance and support.
Corporate compliance
David Jaffe / david.jaffe@ecrubio.com
Rafael Escobedo / rafael.escobedo@ecrubio.com
Lorena Mejía / lorena.mejia@ecrubio.com
Alejandro Montes / alejandro.montes@ecrubio.com
René Alva / rene.alva@ecrubio.com
Salvador Garza / salvador.garza@ecrubio.com
Daniel Magaña / daniel.magana@ecrubio.com
SUBSCRIBE TO OUR ALERTS AND RELEVANT NEWS
Receive our legal alerts, relevant news and information about our events via email or our WhatsApp channel.