Abstract

GONZALEZ OROPEZA, Manuel. Pathology of current elections: consequence of some inveterate practices. Cuest. Const. [online]. 2021, n.45, pp.501-514.  Epub May 09, 2022. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2021.45.16673.

This article analyzes the electoral problems around mistrust in the elections in Mexico, and its consequences. In this sense, a solution is offered from the concept of political responsibility that allows to transition from a criminal prosecution system to one of political responsibility in electoral crimes. The current constitutional frame is not viable to achieve this task. The article proposes that the judicial power investigates illicit conduct in the matter. This due to a historical and constitutional reason. The prosecution of offenses to the public vote were established in the article 97 of the Constitution and then abolished. The idea is to recover that constitutional system for which the fraud can be investigated by judges or electoral magistrates and would dictate the sentence removing the perpetrators of his position.

Keywords : Political responsibility; electoral fraud; democracy; elections.