Mexican Public Ministry: Origins and Constitutional Role

Evolution of Mexico's Public Ministry

Early Foundations: Lares Act and 1855 Law

The Lares Act of 1853, aside from establishing a tax "to be heard in criminal cases," first constitutionally mentioned the office of the Attorney General. This office held a rank similar to that of a Minister of the Supreme Court, with functions—movable at the will of the Executive Branch—to intervene in defense of national interests. Subsequently, the Law on Administration of Justice, issued by President Juan Álvarez in 1855, instituted two prosecutors as members of the Supreme Court.

1917 Constitution: Defining the Public Ministry

The true conception of what is now known as the "institution of the Public Ministry" is found in the 1917 Constitution. This constitution formally established social representation through this body, situated within the executive branch.

Venustiano Carranza's Reforms and Rationale

In the discussions Don Venustiano Carranza led on this subject when he presented the draft Constitution to the Constituent Assembly, he clearly defined the situation that prevailed before the Assembly convened. He spoke of the arbitrariness of administrative authorities and the legal capacity existing laws granted them to commit such acts. He also referred to the repeated attacks against innocent judges exercising crime persecution functions, which led to dangerous confessions to charges, thereby altering the judiciary's functions. He pointed out that the institution of the public prosecutor was merely nominal and decorative, with little chance of fulfilling the conditions for which it was created: to ensure the straightforward and speedy administration of justice.

Clarifying Roles and Combating Abuse

Thus, Don Venustiano Carranza proposed to precisely delineate the roles of crime prosecution and the imposition of penalties, distinguishing the functions of administrative authorities from those subject to judicial review. To this end, he granted exclusive powers to the Public Ministry, providing it with the Judicial Police. His goal was to eliminate the repeated abuses by administrative authorities and the ordinary police.

Accountability for Public Employees

Furthermore, it was stipulated that the imposition of corporal punishment should be without prejudice to enforcing the financial responsibility incurred by those employees. A prison sentence always entailed the loss of employment and perpetual disqualification for any other employment, for example, in public administration.