Trends Toward Guaranties of Professional Secrecy Rights.

July 26, 2006
Trends Toward Guaranties of Professional Secrecy Rights.

On June 6, 2006 a Decree was published in the Official Journal of the Federationamending and adding to various provisions of the Mexican Federal Code of Criminal Procedure and the Federal Penal Code, which establishclearly that one is not obligated to provide testimony or evidence in a criminal proceeding with respect to information such individualreceives, knows of, or has in their possession concerning communications with attorneys, technical consultants, notaries public, ministers ofany denomination, journalists, medical surgeons or specialists and clinical psychologists, public servants and all other individuals whoperform other professional employment services, based on the law’s recognition of the need to know, preserve or maintain professionalsecrets and confidentiality with respect to matters related to the exercise of one’s profession. In case of one or more of the individualsmentioned above states his or her desire to provide such information, if they have the express consent of those who confided the secret tothem, said circumstance will be certified and the information may be provided through a declaration or testimony in a corresponding criminalproceeding. In addition, the Federal Penal Code has been amended to include sanctions for the criminal offence of abuse of authority andcrimes against the administration of justice, so that those individuals mentioned above may be obligated to provide the information theyobtained through their professional activities.

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