On October 25, President Enrique Peña Nieto appointed Raúl Cervantes Andrade as Attorney General, which the Senate ratified by a vote of 85 votes for, 3 against and 1 abstention. The various political forces voted in favor of this ratification.
The constitutional reform published on February 10, 2014 provides for the Attorney General’s office to begin functioning once its Organic Law is approved by Congress. For its part, the Sixteenth Provisionary Article of this reform provides that whoever is the Attorney General at that time will automatically become the first Public Prosecutor.
This constitutional amendment was approved by the various political forces in Congress by a vote of 106 votes in favor, 15 against and one abstention in the Senate; 409 votes in favor, 69 against and 3 abstentions in the Chamber of Deputies. Changes were also made to the Minutes, which were approved by the Senate by a vote of 99 in favor, 11 against and 2 abstentions and were eventually approved by the majority of local congresses. The amendment was the result of various initiatives bills submitted to the Senate, not one submitted by the president.
The government repeated that the times for the transition to the Attorney General’s Office correspond to Congress, which will define the date when the Organic Law will be passed.
However, in response to several people, including Attorney General Cervantes, who have pointed out that the Sixteenth Provisional Article of the Constitutional Amendment, establishing the Attorney General's automatic progression to General Prosecutor, does not contribute to the discussion of the institutional model of the Attorney General’s Office, President Enrique Peña Nieto submitted a bill to Congress yesterday to modify this.
If this bill is approved, and if Congress passes the Organic Law of the Attorney General’s Office, there would not be an automatic transition from Attorney General to Public Prosecutor. Instead, the Senate would be initiate the procedure for designating a new Public Prosecutor.
President Peña Nieto declared that one of the main tasks of Attorney General Cervantes Andrade is to work for the continuous improvement of the Institution of the Prosecution Authorities, which must cope with the enormous challenge of the nationwide start of the new accusatory criminal justice system by constructing processes and systems to strengthen the justice system.