Criminal Justice and Alternatives to Incarceration (ATI) · 4.1 Proportionality in Prosecution

Partially meets the criterion.

Mexico has a legal framework incorporating sentencing proportionality as a constitutional principle and establishing legal distinctions for drug-related offences. Article 22 of the Constitution provides the normative limit of proportionality of penalties, while the Federal Criminal Code and the General Health Law establish sanctioned conduct, offence categories, and criteria related to quantity and level of participation.

Evidence from the Supreme Court of Justice of Mexico provides the interpretive framework for sentencing proportionality, while INEGI prison data shows the presence of drug-related offences within the criminal justice system. However, these sources do not demonstrate that judges and courts apply proportionality criteria systematically and consistently when imposing drug-related sentences.

Therefore, the criterion is partially met: a constitutional and legal basis for proportionality exists, but sufficient national evidence was not located on judicial application of proportionality considering conduct, quantity, case circumstances, and imposed sentence.