He Party of the Democratic Revolution (PRD) through representative Olga Luz Espinosa Morales, proposes sanction public servants who divert donations intended for victimsso it would seek to punish such conduct that violates good faith and the conviction of citizens to help those who fall into an accident.
The proposal seeks to add article 60 Ter to the General Law of Administrative Responsibilities, to establish that whoever “commits diversion of goods donated to victims of accidents is the public servant who uses the position that his employment, position or commission confers on him to retain, hide or market goods donated by individuals or legal entities for the purpose of meeting the needs of those affected by accidents.”
“In the event that the serious administrative offense generates economic benefits, A financial penalty will be imposed that may reach up to two times the benefits obtained.”
It also incorporates article 72 Bis to the General Law of Civil Protection, in order to establish that “the retention, hiding or selling donated products for the care of victims of any type of accident, by public servants, will be sanctioned in the terms of the General Law of Administrative Responsibilities.”
The initiative, sent to the United Commissions on Transparency and Anti-Corruption, and on Civil Protection and Disaster Prevention for an opinion, states that There have been cases of public servants hiding, diverting and marketing donations in kind.
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Notes that the majority of public servants who have engaged in this conduct have gone unpunishedsince the laws of administrative responsibilities and civil protection do not contemplate this assumption.
The document indicates that section XXIX-I of article 73 of the Political Constitution empowers the Congress of the Union to issue laws that establish the bases of coordination in matters of civil protection between the Federation, the federal entities, the municipalities and, in their case, the territorial demarcations of Mexico City.
Likewise, the conduct of public servants is provided for in article 127 of our Magna Carta: Public servants will receive adequate and inalienable remuneration for the performance of their function, employment, position or commission, which must be proportional to their responsibilities.
However, in the explanatory statement it indicates that the current legislation is insufficient for public servants to refrain from doing misuse of resources from donations from natural persons with the intention of helping victims.
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For this reason, the legislator adds, it is imperative to update the law to prevent those responsible for the collection and distribution of donations and support for people affected by accidents from continuing to commit improper conduct.