Mexico 2021 Referendum Consult: To determine if former Presidents can be prosecuted for corruption (user search)
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  Mexico 2021 Referendum Consult: To determine if former Presidents can be prosecuted for corruption (search mode)
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Author Topic: Mexico 2021 Referendum Consult: To determine if former Presidents can be prosecuted for corruption  (Read 1285 times)
Mike88
Junior Chimp
*****
Posts: 9,453
Portugal


« on: August 01, 2021, 01:02:20 PM »

Why did he called a referendum in the first place? It seems a bit of a silly topic to call a referendum about, IMO. Can't the government change the law only by legislative manners?
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Mike88
Junior Chimp
*****
Posts: 9,453
Portugal


« Reply #1 on: August 01, 2021, 06:15:56 PM »

Why did he called a referendum in the first place? It seems a bit of a silly topic to call a referendum about, IMO. Can't the government change the law only by legislative manners?

Tecnically yes, but this matter is a self-inflicted wound of this government. One of the promises of AMLO was putting on the ballot the charging of former presidents as a demagogic policy but it's a poisoned chalice because, firstly, you can't let the people decide the law. Second, if you let people decide the law why bother have a congress, they can decide economic and social policies and that's a Pandora box by itself.

In fact, it's quite easy in this case. Presidents after their term is over don't have immunity, so they can be investigated and charged if any illegal activities are proven like any other ordinary citizen. Presidents in Mexico after leaving office do lose immunity, right?

Because he’s a populist who loves “consulting the people” because he thinks it gives him more legitimacy.

In this case, I'm with Socani, this is a self-inflicted wound by AMLO.
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Mike88
Junior Chimp
*****
Posts: 9,453
Portugal


« Reply #2 on: August 01, 2021, 06:32:46 PM »

Why did he called a referendum in the first place? It seems a bit of a silly topic to call a referendum about, IMO. Can't the government change the law only by legislative manners?

Tecnically yes, but this matter is a self-inflicted wound of this government. One of the promises of AMLO was putting on the ballot the charging of former presidents as a demagogic policy but it's a poisoned chalice because, firstly, you can't let the people decide the law. Second, if you let people decide the law why bother have a congress, they can decide economic and social policies and that's a Pandora box by itself.

In fact, it's quite easy in this case. Presidents after their term is over don't have immunity, so they can be investigated and charged if any illegal activities are proven like any other ordinary citizen. Presidents in Mexico after leaving office do lose immunity, right?

Yeah they lose immunity, but if all the former Presidents were charged by corruption (The only process that could get opened) Only Calderón and Peña Nieto would be Investigated. Everyone else would be safe from all prosecution (Because of Expiration of Charges: You can't investigate someone for corruption if it passed 20 years since they left their job)

Well, but that's a problem many countries have, for example, in my country we have a former Prime Minister investigated and charged with corruption but some of his crimes he was accused of, were dropped because of expiration of charges. Of course, this has different interpretations by different judges which can create rulings less favourable and others more favourable. But, yeah, this is something law experts have to analyse: does expiration of charges make any sense and when does it start? when the crime is committed or when it was discovered?
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