On June 27th 2011, a decree was published in the Official Gazette of the Federal District, approving certain amendments and additions to the Criminal Code for the Federal District, which became in force on July 27th 2011.
Among those amendments approved are the amended to articles 76 and 343 bis of the Criminal Code for the Federal District, which state that the crimes against the environment will be sanctioned as willful crimes, which would be committed by those who intentionally change the use of land without the proper approval or those who obtain an economic benefit derived from such conducts (previously it was only established that the punishment will apply for those who illegally change the permitted use of land in the areas referred to in sections from I to IV mentioned below). In such cases, the punishment consists in three to nine years of prison and a fine from 1,000 to 5,000 days.
The aforementioned penalties will increase in a third part, in case the conduct takes place at, or affects any of the following places:
- A protected natural area or an area with environmental value for the Federal District, according with applicable law provisions;
- The preservation ground in terms of such program or programs of ecological regulation of the Federal District, as well as according to the applicable urban development program or programs;
- A ravine; or
- A green area in urban ground.
Therefore, the mentioned penalties do not longer apply solely for the change of use of land at those places referred to in sections from I to IV (events in which the penalties are increased in a third part), but in any place a different use to the permitted one is illegally performed.
Based on the above, it is important for businesses to verify that the activities that are carried out in specific location within Federal District, are permitted according to the applicable urban development program.
For further questions or comments, please do not hesitate to contact our attorneys: Azucena Marín amarin@cuestacampos.com and/or Berenice bsoto@cuestacampos.com
The above is provided as general information prepared by professionals with regard to the subject matter. This document only refers to the applicable law in Mexico. While every effort has been made to ensure accuracy, no responsibility can be accepted for errors or omissions. The information contained herein should not be relied on as legal, accounting or professional advice being rendered.
