Mexico: Penalties for deserting, particularly for a soldier of an airborne battalion who fails to return after leave; and whether a soldier can leave the military after joining voluntarily
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 25 November 1999 |
| Citation / Document Symbol | MEX33169.E |
| Reference | 5 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Mexico: Penalties for deserting, particularly for a soldier of an airborne battalion who fails to return after leave; and whether a soldier can leave the military after joining voluntarily, 25 November 1999, MEX33169.E, available at: https://www.refworld.org/docid/3ae6ad6758.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
For information on terms of voluntary military service and ending it before the end of an enlistment contract, please consult MEX30170.E of 7 October 1998. Information on desertion from the military can be found in previous Responses; however, no references specific to airborne battalions could be found among the sources consulted.
Penalties for desertion, including aggravating and mitigating circumstances, are prescribed in Articles 255 through 275 of Chapter IV (Deserción e insumisión), Title Eight (Delitos contra la existencia y seguridad del ejército), of the Mexican Code of Military Justice (Código de Justicia Militar).
Article 256 prescribes a basic penalty ranging from two to six months for a soldier's first desertion in times of peace when he deserts without justifiable motive when not on active duty, the minimum penalty applying if he returns promptly to his unit and the maximum applying if he has to be apprehended. Various articles indicate that aggravating circumstances which could increase the basic penalty include deserting as part of a group, while in command of a group of soldiers, stealing government-issued equipment, through forceful means, escaping from a base, and leaving the country after deserting, among others. Mitigating circumstances include having been subjected to abuse in the unit, not having been informed of penalties for desertion at least once during their service, deserting individually or with only one other person, having endured a deficient supply of food or clothing during service, and returning to the unit instead of being apprehended, among others.
Articles 105-108 of the Code also refer to situations that could affect the penalties for an offence prescribed in the Code. Among them, an offence with intent (as opposed to an unintentional offence) can be classified as attempted, frustrated or consummated; penalties can also be accumulated, when more than one offence is committed, attempted or frustrated; an additional factor is whether the subject is a repeat offender.
The above explanations are neither exhaustive nor conclusive, and are not an official translation of terms used in the Mexican Code of Military Justice; they are provided for reference purposes only. Please note that the Code has numerous provisions that might be applicable to a particular case, including avenues of appeal, consideration of exceptional aggravating or mitigating circumstances, and provisions for pardons, among others. For copies of the full text in Spanish of the Mexican Code of Military Justice in electronic format, please consult the Internet Website of the federal legislation database of the National Autonomous University of Mexico (UNAM),
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see below the list of additional sources consulted in researching this information request.
Secretaría de Gobernación, Mexico City. 1993. Codigo de Justicia Militar.
Additional Sources Consulted
Mexico NewsPak [Austin, Tex.]. 1998-1999.
El Universal [Mexico City]. Internet search engine. 1998-1999.
La Jornada [Mexico City]. Internet search engine. 1998-1999.
Latinamerica Press [Lima]. 1996-1998.
Latinamerican Regional Reports: Mexico & NAFTA [London]. 1998-1999.
Electronic sources: IRB Databases, Refworld, Global NewsBank, NEXIS, Internet, WNC.
This list is not exhaustive. Country-specific books and reports available in the Resource Centre are not included.