A modification under discussion to Article 21 of the Constitution proposes assigning the function of investigating crimes to a federal public administration agency instead of a civil police force at the federal level, as provided elsewhere in the article. This presents several challenges regarding the federal distribution of competencies.
The reform also expanded the investigation function to encompass not only the facts constituting crimes but also their "clarification," which goes against the approach of the criminal process established in the Constitution. Additionally, this agency is granted the authority to assist the president of the Republic in national security matters, raising questions about the delineation of competencies.
On the other hand, the reform removes the police function from the Secretariat of Public Security in an attempt to strengthen public safety and improve crime investigation capabilities. However, the proposal presents several technical issues that need to be addressed to ensure the effectiveness of the reforms and their alignment with the existing legal framework.
It is essential to carefully consider all the implications of this proposal to avoid fragmentation of the Constitution and ensure effective and coherent management of public safety in Mexico.
