México at risk (Second part)





Por: Marcial Díaz Ibarra



Marcial Diaz Ibarra is a lawyer, consultant of the Energy Sector, with studies in Public Administration. Collaborated in the Legal Department of Pemex for over 10 years, being Legal Assistant at Pemex Refining, Pemex Gas and Basic Petrochemicals and Pemex Exploration and Production, serving in contentious and advisory matters, as an Advisor in the Commit- tees of Procurement under the New Regimen under Pemex Law and the DACS such as: Acquisitions, Public Work, CAAOS, Subcaaos and the Board of Directors. marcial.diaz.ibarra@gmail.com







INEGI has announced the results of the National Survey on Victimization and Perception of Public Safety 2013 (Envipe 2013), which are terrifying:


  • In 32.4% of Mexican households have at least one victim of a crime.


  • Only 12.2% are


  • In 8% a preliminary investigation is


  • The 1.6% is


  • Meaning that 98.4% of crimes go


With these data the black figure of 92.1% (number of offenses for which a preliminary investigation not even starts because they were not reported by the victims or their families, or because the authority simply discarded them) manifests. This means that only 7.9% of cases the offender becomes a research subject.

With this level of impunity is no coincidence that last year were committed nearly 28 million crimes because criminals are betting that they will never be punished, because they know that only 12% of crimes will be reported; of these only two-thirds will be persecuted, and of these only a tenth shall be punished. The risk level is minimal, if not almost nil.

Oil theft is a crime and has become one of the main sources of funding of organized crime; hence the Illicit Market Fuels (MIC) has expanded in recent years and has led a fight between two criminal organizations (the Gulf Cartel and the Zetas) generating competition for market control.

Our law provides in the Federal Penal Code in his second book, Twenty-Second title, Crimes against people in their heritage, Chapter I THEFT


Article 368:


It will be punished:

  1. Who possess or pro- tects illegally crude or refined oil, processed hydrocarbons or their


When the amount is less than 300 liters to 300 liters, with impris- onment from six months to two years and a fine of one hundred to five hun- dred days.


When the amount is more than 300 liters but less than 1000 liters, with imprison- ment of two to four years and a fine of five hundred to one thousand days.


If the amount is equal to or greater than 1000 liters, with impris- onment of four to ten years and a thou- sand to twelve thou- sand fine days.


The penalty provided in the second para- graph of this fraction shall not apply, pro- vided that they are in possession of refined








oils, processed or their derivatives up to the amount of 300 liters, when a person stop the posses- sion of these products for the pur- pose of consumption for lawful agricultural or fishing activities within their community.


  1. People that sells or supplies gasoline or diesel with knowledge that it is delivering a lesser amount from 1.5 percent of the sum as recorded by the measuring instruments that are used for its sale or supply, by imprisonment of three to six years and five hundred a thousand days’


  • People that sells or supplies liquefied gas through station of LPG, for carburetion, with knowledge that it is delivering a lesser amount from 3.0 percent the sum as recorded by the mea- suring instruments that are used for its sale or supply with a impris- onment of three to six years and a fine from five hundred to a thousand


  1. People that subtracts or takes advantage of crude oil or refined oils, processed or derived products, equipment or facilities of Petróleos Mexicanos, the subsidiary entities and subsidiaries with imprisonment from eight to twelve years and a thousand to twelve thousand fine

The appropriate sanctions in this article shall be increased by more than a half when the offender is or has been a public servant or em- ployee of the oil industry.


The appropriate penalties for offenses under this article, shall be increased by more than half by the employee or public servant who, during their work, provide informa- tion of the facilities, equipment or operation of the industry that is useful or can assist the commission of the crimes in question.


The consummation of this crime has generated significant losses for Pemex not only because of the stolen oil. The influence of drug cartels in the expansion of oil theft has been crucial since by install- ing illegal connections in pipelines, tank- ers and clandestine operations of MIC make a very profitable business.


The states of Coahuila, Tamaulipas and Nuevo Leon in northeastern Mexico where there are significant deposits, as well as two refineries and pipeline network by which it arrives imported gasoline, have been badly affected by the expansion of MIC and most of the detainees are mem- bers related to drug cartels, which have seen a much more lucrative business in the sale and distribution of stolen oil even in drug trafficking.









Under the analysis of the data from the survey of ENVIPE, we see that impunity prevails and that a very small percent- age will be prosecuted, therefore we are facing a MIC that will continue growing and paying off big profits to criminal groups whenever there is much gain and the risk of being arrested and prosecuted is very low.


On my next collaboration we will talk about the Pemex areas affected by the MIC.