Jurisdiction for congressmen: decision of September 15, 2009, Criminal Cassation Chamber, file 27032. Request for declaration of nullity

Abstract

The Criminal Cassation Chamber of the Supreme Court of Justice, without any hesitation, is competent to judge the members of the Congress of the Republic who have resigned their investiture, in accordance with the provisions of Article 235 of the Constitution, when the crime attributed is one of the so-called crimes of responsibility, given that such unlawful conducts cannot be committed except in relation to the position or function, as would be the case with extortion, bribery, prevarication and other crimes. The same conclusion must be reached when dealing with crimes such as conspiracy to commit a crime and others, taking into account certain guidelines for analysis, especially the nexus of the same with the position held. The jurisprudence is changed.