Powers of the Mexican Federal

Police with Foreign Country 

Comparisons

Mexico

Afghanistan • Algeria • Argentina • Austria

Bosnia-Herzegovina • Brazil • Canada 

Chad • France • Italy• Madagascar 

Netherlands • Portugal 

South Africa 

April 2019

The Law Library of Congress, Global Legal Research Directorate

(202) 707-5080 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
Contents

I. Policing Structure and Functions under Mexican Law ............................................................... 1 

A. Impact of the 2008 Amendments................................................................................................. 1 

B. Pending Legislation ....................................................................................................................... 3 

C. Practical Outcomes ........................................................................................................................ 3 

II. Comparison Countries ....................................................................................................................... 4 

Afghanistan .......................................................................................................................................... 4 

Algeria ................................................................................................................................................... 4 

Argentina .............................................................................................................................................. 5 

Austria ................................................................................................................................................... 6 

Bosnia-Herzegovina ............................................................................................................................ 6 

Brazil ...................................................................................................................................................... 7 

Canada .................................................................................................................................................. 7 

Chad ...................................................................................................................................................... 9 

France .................................................................................................................................................... 9 

Italy ...................................................................................................................................................... 10 

Madagascar ........................................................................................................................................ 11 

Netherlands ........................................................................................................................................ 11 

Portugal ............................................................................................................................................... 12 

South Africa ........................................................................................................................................ 13 
The Law Library of Congress 1 

Powers of the Mexican Federal Police

with Foreign Country Comparisons

Gustavo Guerra

Senior Foreign Law Specialist (Mexico)

Astghik Grigoryan

Legal Research Analyst (Comparison Countries)

SUMMARY Prior to 2008, the power to investigate federal crimes in Mexico was exclusively vested 

in prosecutors and their investigative officials while the authority to conduct preventive 

policing was vested in a separate entity. Pursuant to a 2008 amendment to Mexico’s 

Constitution, investigating crimes is now a shared duty between prosecutors and the 

police, although the latter must act under the direction and command of the former in 

the discharge of this duty. Mexico’s federal law enforcement structure was reorganized 

in 2009 to correspond with the 2008 reallocation of duties, vesting both preventive and 

investigative functions in the newly created Federal Police. 

After discussing Mexico’s historical and current policing structure, this report then 

examines the structure of police forces in selected other countries. The main criteria for 

the inclusion of other countries was the functional and geographic divergence of law 

enforcement duties across various jurisdictional levels. The list of countries included is 

not intended to be exhaustive.

I. Policing Structure and Functions under Mexican Law

Mexico’s policing structure and related functions underwent considerable changes in 2008. The 

discussion below outlines current and pre-2008 functional divisions, highlights pending 

legislation on the subject, and includes information from a nongovernmental organization on the 

practical realities of policing in Mexico. 

A. Impact of the 2008 Amendments

Mexico’s Constitution currently provides that although investigating crimes is the duty of 

prosecutors and of the police, the latter must act under the direction and command of the former 

in the discharge of this duty.1 This constitutional provision was enacted in 2008 in order to 

provide the police with the power to investigate crimes. Prior to this amendment, the power to 

investigate crimes was exclusively granted to prosecutors and their investigative officials.2 

1 CONSTITUCIÓN POLÍTICA DE LOS ESTADOS UNIDOS MEXICANOS [POLITICAL CONSTITUTION OF THE MEXICAN UNITED

STATES], as amended through 2018, art. 21, DIARIO OFICIAL DE LA FEDERACIÓN [D.O.F.], Feb. 5, 1917, available on 

the website of Mexico’s House of Representatives, at http://www.diputados.gob.mx/ 

LeyesBiblio/pdf/1_270818.pdf, archived at https://perma.cc/C7SL-GZ6Z. 

2 GENARO GARCIA LUNA, THE NEW PUBLIC SECURITY MODEL FOR MEXICO 33-35 (2011).
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The separation of investigatory powers prior to 2008 is described by Mexico’s former Secretary 

of Public Security as follows:

The Constitution . . . established a strict separation between preventive police and 

. . . investigative [officials]. The former were responsible exclusively for implementing 

crime prevention policies and the latter for crime fighting through their investigation 

duties. This situation generated . . . a lack of communication between [them]. Additionally, 

relevant information to help develop investigative strategies and design preventive 

policies was lost. . . . As a consequence of [the 2008] reform, police [were] given technical

and functional autonomy to investigate crimes through . . . methods that allow them to . . . 

collect information on groups and individuals, their motives, resources and connections, 

for the purpose of preventing crimes. In this context, the Federal Police can conduct 

investigations . . . to help prevent criminal acts [and to pursue] reported crimes under the 

auspices of the Federal Public Prosecutor’s Office.3

Accordingly, Mexican law now permits the Federal Police to conduct investigations, but provides 

that they must act under the direction and command of federal prosecutors while investigating 

crimes in a manner that allows the evidence gathered to be admitted in pertinent court 

proceedings.4 Under the Mexican Constitution, federal prosecutors have the authority to pursue 

federal criminal cases in court and present pertinent evidence therein.5

Prior to 2008, the Federal Preventive Police (Policía Federal Preventiva) was responsible for 

preventing and combating crime, while investigative capabilities were vested in the Federal 

Investigative Agency (Agencia Federal de Investigación).6 Following the 2008 constitutional 

amendment, police reforms enacted in 20097 created a successor agency to the Federal Preventive 

Police known as the Federal Police (Policía Federal), which was created under the purview of the 

Secretary of Public Security (Secretaria de Seguridad Publica). The 2009 police reforms placed 

investigative powers formerly held by the Federal Investigative Agency in the Federal Police. 

The 2009 reforms also replaced the Federal Investigative Agency with the Federal Ministerial 

Police (Policía Federal Ministerial). Both the Federal Police and the Federal Ministerial Police 

were given investigative authority.8 

In addition to investigatory authority, the Federal Police also have broad preventive policing 

powers, including covert operations, intelligence gathering in public places, monitoring public 

 3 Id. at 35, 36.

4 Ley de la Policía Federal [Law on the Federal Police], arts. 4(VI), 45, D.O.F., June 1, 2009, available as amended 

through 2011 on the website of Mexico’s House of Representatives, at http://www.diputados. 

gob.mx/LeyesBiblio/pdf/LPF.pdf, archived at https://perma.cc/6EUP-DS6M. 

5 CONSTITUCIÓN POLÍTICA, as amended through 2018, art. 102-A(VI). 

6 BETH J. ASCH, NICHOLAS BURGER, MARY MANQING FU, MITIGATING CORRUPTION IN GOVERNMENT SECURITY 

FORCES: THE ROLE OF INSTITUTIONS, INCENTIVES, AND PERSONNEL MANAGEMENT IN MEXICO 22 (2011), available for 

download at https://www.rand.org/pubs/technical_reports/TR906.html, archived at https://perma.cc/R8PGYYV7.

7 Ley de la Policía Federal, supra note 4.

8 ASCH ET AL., supra note 6, at 23.
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internet sources, and patrolling in public places subject to federal jurisdiction, such as borders, 

customs offices, airports, and federal buildings.9

B. Pending Legislation

Notably, the Mexican government is about to enact a bill that would amend the Constitution in 

order to create the National Guard, which would take over the investigative powers of the Federal 

Police.10 Pursuant to this bill, the National Guard would be formed with officials from the Federal 

and Military Police, per executive orders to be issued by the President.11 The measure would 

direct Mexico’s Congress to pass a law regulating the powers of the National Guard within sixty

days of the bill’s enactment.12 This measure apparently would not change the constitutional rule 

that the police must act under the direction and command of prosecutors while 

investigating crimes.13

C. Practical Outcomes

A 2014 report published by the Washington Office on Latin America provides an analysis as to 

how Mexico’s police forces have worked in practice in recent years.14 In sum, the report argues 

that over the last two decades, “successive Mexican administrations have taken steps to create 

more professional, modern, and well-equipped police forces. While these reforms have included 

some positive elements, they have failed to establish strong internal and external controls over 

police actions, enabling a widespread pattern of abuse and corruption to continue.”15

 9 Ley de la Policía Federal art. 8 (III), (VI), (VII), (XXXVI), (XLII).

10 Proyecto de Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Constitución 

Política de los Estados Unidos Mexicanos, en materia de Guardia Nacional [Bill to Amend the Constitution in 

the Matter of the National Guard], art. Segundo Transitorio, Feb. 28, 2019, available on the website of Mexico’s 

House of Representatives, at http://www.diputados.gob.mx/LeyesBiblio/ 

votos/20190228_guardia/01_minuta_28feb19.pdf, archived at https://perma.cc/4ZLT-U479. 

11 Id.

12 Id. arts. Primero, Segundo Transitorios.

13 Id. art. 21.

14 MAUREEN MEYER, WASHINGTON OFFICE ON LATIN AMERICA, MEXICO’S POLICE: MANY REFORMS, LITTLE PROGRESS

(May 8, 2014), https://www.wola.org/sites/default/files/Mexico's Police_Many Reforms, Little Progress.pdf, 

archived at https://perma.cc/D2DX-NM7W. 

15 Id. at 1.
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II. Comparison Countries

The following countries, listed in alphabetical order, reflect a functional and geographic 

divergence of law enforcement duties across various jurisdictional levels. The country selections

are intended to provide useful examples; this discussion is not exhaustive.

Afghanistan

The Afghan National Police is the only law enforcement department working under the Ministry 

of Interior. The National Police is comprised of the following police agencies:

• Afghan Border Police 

• Afghan Uniformed Police

• Afghan Highway Police

• Afghan National Civil Order Police16

Additionally, the Criminal Investigation Department, which works primarily in Kabul and thirtyfour provinces, is tasked with crime investigation, crime scene forensics, and 

crime documentation.17

Algeria

Law enforcement functions in Algeria are carried out by several police agencies: the 

Gendarmerie, Sûreté Nationale (National Security), Sécurité Militaire (Military Security), and 

Police Judiciaire (Judicial Police).

• The Gendarmerie provides law enforcement in rural areas, operating under the authority of 

the Ministry of Defense. Its administrative structure and territorial distribution is similar to 

that of military—it is organized in battalions.18

• The Sûreté Nationale (National Security Directorate) is affiliated with the Ministry of Interior. 

Its main tasks are to maintain law and order, protect life and property, apprehend offenders, 

and control traffic.19

 16 Afghanistan, INTERPOL, https://www.interpol.int/Who-we-are/Member-countries/Asia-South-Pacific/ 

AFGHANISTAN (last visited Mar. 4, 2019), archived at https://perma.cc/BT24-VUT6.

17 Id.

18 History of the National Gendarmerie, NATIONAL GENDARMERIE, https://www.mdn.dz/site_cgn/index. 

php?L=an&P=histoire (last visited Mar. 19, 2019), archived at https://perma.cc/FP5G-3QVN.

19 3 LARRY SULLIVAN, ENCYCLOPEDIA OF LAW ENFORCEMENT 937 (2005). 
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• The Sécurité Militaire (Military Security) operates under the Ministry of Defense. It functions 

as a military force akin to the military.20

• The Police Judiciaire (Judicial Police) is in charge of criminal investigations. It is a branch of 

the General Directorate of National Security, which is affiliated with the Ministry of Interior 

(Homeland Security).21

Argentina

Argentine law enforcement is carried out by several police structures: the provincial police forces, 

Federal Police, National Gendarmerie, and National Coast Guard, the latter of which has a limited 

law enforcement mandate. 

• Provincial police forces are responsible for conducting routine day-to-day law enforcement 

tasks within specific jurisdiction. These forces work under supervision of elected provincial 

government. Chiefs of Police (the heads of provincial police departments) are appointed by 

and responsible to the elected provincial governor. 22

• The Federal Police, which is subordinated to the Ministry of Internal Security, is responsible 

for enforcing federal laws. Additionally it performs security and judicial functions within the 

limits of Buenos Aires.23

• The National Gendarmerie is armed national paramilitary law enforcement body. It is 

organized as a military and carries out both military and police functions. It is subordinated 

to the National Minister of Interior and carries out the functions of domestic security, border 

patrol, and counterterrorism, and provides support to the provincial and Federal Police in 

maintaining public order and enforcing airport security, port security, and the country’s

immigration laws. It is also engaged in countering smuggling and drug trafficking, and 

investigating environmental crimes.24

 20 The Algerian President Fires the Director of the Military Security, AL QUDS (Aug. 22, 2018), https://www.alquds. 

co.uk/العس-الأمن-مدیر-یقیل-الجزائري-الرئیس/, archived at https://perma.cc/H3WF-37UG. 

21 Directorate of Judicial Police, GENERAL DIRECTORATE OF NATIONAL SECURITY, https://www.algeriepolice.dz /

الشرطة-مدیریة) ?in Arabic; last visited Mar. 19, 2019), archived at https://perma.cc/G5YX-J8CC.

22 ENCYCLOPEDIA OF LAW ENFORCEMENT, supra note 19, at 942.

23 Id.

24 Id. at 943.
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Austria

Law enforcement in Austria is carried out by a number of bodies, including the Bundespolizei

(Federal Police), Alpine Police, Air Police, Foreign Police, and Boarder Control.25 The authorities 

of the Federal Police are spelled out in the Security Police Act.26

• The Federal Police is an armed law enforcement agency, which was established in 2005 by 

merging the Federal Gendarmerie, Federal Security Guard Corps, and Detective Corps.

• The Alpine Police is tasked with law enforcement in the Austrian Alps. According to the 

Ministry of Interior, two-thirds of the Austrian territory is covered by alpine terrain. 

Therefore, the Alpine Police force is comprised of highly skilled officers able to conduct search 

and rescue operations in the Alps.27

• The Air Police carries out law enforcement tasks associated with air patrol of roads and traffic, 

maintenance of public order, and maintaining peace and security. This police force also 

performs civil defense and disaster relief functions. Search and rescue operations for the Civil 

Aviation Authority are carried out by the Air Police force as well. 28

• Foreign Nationals Police and Boarder Control is tasked with the enforcement of immigration 

laws, as well as border patrol functions. 

Bosnia-Herzegovina

The police force in Bosnia-Herzegovina consists of the police in each of the ten cantons who

operate under the authority of their respective ministries of interior. The Federal Ministry of 

Interior is responsible for coordinating relations between the cantons, as well as for maintaining 

public order and countering terrorism. The Interior Ministry of Respublika Srpska oversees all 

areas of law enforcement within the territory of the region. 

There are also other police forces in Bosnia-Herzegovina—for example, in the Brcko District, 

where law enforcement is controlled by the Director of Police who is subordinated to the mayor.

In addition, the Court Police operate under the authority of the Federal Supreme Court, and the

Finance Police operate under the authority of the Ministry of Finance.29 

 25 Bundespolizei, BUNDESMINISERIUM INNERES [FEDERAL MINISTRY OF INTERIOR], https://www.bmi.gv.at/202/, 

archived at https://perma.cc/84EA-YZ9H.

26 Bundesrecht Konsolidiert: Gesamte Rechtsvorschrift für Sicherheitspolizeigesetz, Fassung vom 03.04.2019 

[Consolidated Federal Law: Entire Legislation for the Security Police Act, version of 03.04.2019], 

https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10005792, 

archived at https://perma.cc/9QXE-7PE4.

27 Bundespolizei, supra note 25.

28 Id.

29 ENCYCLOPEDIA OF LAW ENFORCEMENT, supra note 19, at 973.
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A centralized agency, the State Investigation and Protections Agency (SIPA), is tasked with 

conducting antiterrorism and organized crime operations and the State Border Service provides

border patrol.

Brazil

Brazil has federal and local police forces, which carry out different law-enforcement functions. 

The police force on the federal level consists of the Federal Police, the Federal Highway Police, 

and the Federal Railroad Police. The Federal Police has a judicial arm that is tasked with 

investigations of national and international crimes, focusing primarily on narcotics-related 

activities. This branch also has an oversight function over human rights violations committed by 

state authorities. 

State-level police forces are divided into civil police and military police units. These branches 

function independently and report to their respective state governments. The Civil police are 

tasked with performing investigative functions and running various police stations. The military 

police perform patrols and maintain public order, especially in large urban centers.30 There have 

been attempts to unify police functions and structures in the municipalities of São Paolo and Rio 

de Janeiro. 

Canada

The Canadian police force consists of municipal, provincial, and federal structures. Additionally 

there is contract policing and aboriginal policing. 

Federal Police

The Royal Canadian Mounted Police (RCMP) carries out the tasks of the federal police force. Its 

mandate and structure is outlined in the Royal Canadian Mounted Police Act.31 It operates under 

the authority of Federal Solicitor General and is tasked with enforcing federal statutes in all 

provinces and territories. The RCMP is unique in the world since it is a national, federal, 

provincial, and municipal policing body. The RCMP provides comprehensive federal policing 

services and policing services under contract to three territories, eight provinces (except Ontario 

and Quebec), more than 150 municipalities, more than six hundred Aboriginal communities, and 

three international airports.32

The RCMP is divided into fifteen divisions, in addition to its headquarters in Ottawa. Each 

division is managed by a commanding officer and is alphabetically designated. Divisions roughly 

approximate provincial boundaries with their headquarters located in the respective provincial 

 30 Id. at 977.

31 Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, https://laws.justice.gc.ca/PDF/R-10.pdf, archived 

at https://perma.cc/6HQR-RKP8.

32 About the RCMP, RCMP, http://www.rcmp-grc.gc.ca/about-ausujet/index-eng.htm (last modified May 7, 

2018), archived at https://perma.cc/TKM2-HGSB.
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or territorial capitals (except for the National Division, Ottawa; C, Montreal; O, London; and E, 

Vancouver). The Air and Marine Services supply support to the divisions.33

Municipal Police

Communities with a population of ten thousand or more are required to have police services

operating either by municipality or under contract to either the RCMP or a provincial police 

service.34 Municipalities in all regions have the option of providing their own police service 

within legislative standards and guidelines. Municipal police are tasked with enforcing

municipal and provincial statutes, the federal Criminal Code, and specific federal statutes (e.g.,

the Controlled Drugs and Substances Act).35

Contract Police

Contract policing is a cost-sharing arrangement between large police services and provinces or 

municipalities that have not developed their policing capabilities. Two major police structures 

are associated with contract policing: the Ontario Provincial Police (OPP) and the RCMP.36

Provincial Police

The provincial police are charged with enforcing the Criminal Code and statutes in the territories 

not covered by municipal police services. Provincial police forces operate under the supervision 

of the provincial attorney general or solicitor general.37

Aboriginal Police

The foundations for the Aboriginal Police were set in the First Nations Policing Policy (FNPP). 

The FNPP was created in 1991 to enhance the effectiveness of policing services in First Nation 

and Inuit communities by ensuring cultural responsiveness. The FNPP allows indigenous 

communities to have input into the type of policing services they receive.38 The goal of the FNPP 

was to negotiate cost-sharing agreements between Aboriginal communities, provincial 

governments, and the federal government. This allowed Aboriginal communities to set priorities 

for needs-based and community-specific police forces within the confines of their reserves.39 The

FNPP allows the Aboriginal population to contract with the OPP or RCMP, or alternatively 

develop their own police force. The Aboriginal Police has a law enforcement mandate within the 

 33 Id.

34 ENCYCLOPEDIA OF LAW ENFORCEMENT, supra note 19, at 994. 

35 Id.

36 Id. at 995.

37 Id.

38 First Nations Policing Program, RCMP, http://www.rcmp-grc.gc.ca/pubs/abo-aut/fncps-spcpn-eng.htm, 

archived at https://perma.cc/4BBQ-9QEL.

39 ENCYCLOPEDIA OF LAW ENFORCEMENT,supra note 19, at 996.
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jurisdiction of reserve lands. This includes enforcement of the Criminal Code, making arrests, 

and enforcing federal and provincial statutes. 

Chad

Chad’s police structures reflect elements from its colonial past. Currently, the country’s police 

force is comprised of the following structures: the Sûreté Nationale (National Security), National 

and Nomadic Guard, Gendarmerie, Rapid Intervention Force, and Republican Guard. 

• Sûreté Nationale is tasked with maintaining law and order and other policing functions at the 

national level, mostly in large municipalities.40

• The National and Nomadic Guard is an elite force tasked mostly with customs duties. It also 

performs as a military unit during armed conflicts.41

• The Gendarmerie is responsible for guarding rural areas in squads. 

• The Rapid Intervention Force is part of the Ministry of Defense and is tasked with providing 

security for the head of state and defending the country’s unity, sovereignty, and 

territorial integrity. 

• The Republican Guard is an elite unit that reports to the President and performs both national 

security and law enforcement functions.42

France

The National Gendarmerie (La Gendarmerie Nationale), French National Police (La Police 

Nationale Française), and Directorate-General of Customs and Indirect Taxes (Direction Générale 

des Douanes et Droits Indirects) are the main law enforcement bodies in France. 

• The National Gendarmerie is a military force that until 2009 was subordinated to the Ministry 

of Defense. After 2009, the Ministry of Interior took over the command of the National 

Gendarmerie. The functions of National Gendarmerie are grouped in three categories:

o The Divisional Gendarmerie carries out general policing and judicial and 

military activities. 

o The Mobile Gendarmerie is mainly responsible for ensuring the maintenance and 

restoration of law and order under any circumstances. It also participates in maintaining 

general public safety, alongside the Divisional Gendarmerie.43

 40 Id. at 1,000.

41 Id.

42 Id.

43 France: Law Enforcement Agencies, EUROPOL, https://www.europol.europa.eu/partners-agreements/memberstates/france (last visited Apr. 5, 2019), archived at https://perma.cc/PNJ5-PPKV.
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o Special Branches consist of the Republican Guard in Paris, the Maritime Gendarmerie, the 

Air Force Gendarmerie, the Air Transport Gendarmerie, the Arms and Ammunition 

Gendarmerie, and nonmetropolitan units such as those serving in French overseas 

territories or provost detachments.44

• The following law enforcement functions are carried out by the French National Police:

o Providing for the security of law enforcement institutions and tasks

o Enforcing immigration laws and combating illegal work

o Administration of the National Police45

• French Customs falls under the Directorate-General of Customs and Indirect Taxes, which is

part of the Ministry of Budget, Public Accounts and Civil Service. The Directorate-General is 

in charge of detecting and addressing fraud, illegal drug trafficking, counterfeit products, and 

enforcing tobacco import and/or export legislation. 46

Italy

Various structures carry out law enforcement functions in Italy. These include the Penitentiary 

Police Corps, the Italian National Police, the Carabineri, the Finance Police, the Forest Police, and 

the Prison Guards. 

• The Penitentiary Police Corps, subordinated to the Ministry of Justice, Department of 

Penitentiary Administration, is tasked with ensuring order and security inside and outside 

prisons, managing education programs for inmates, and providing escort and guard services 

for prisoners. It has its own marine service and dog and horse units. It can be deployed to 

carry out public order and security functions, including public rescue missions, or in cases 

where they are required to assist in providing specific civil protection.47

• The Italian National Police is the largest police force in Italy and is responsible for patrol, 

traffic control, criminal investigations, intelligence activities, and combating organized 

crime.48 Provincial offices of the National Police are called the Questura and are headed by 

the main public security authority on the provincial level. 

• The Carabineri is a paramilitary force tasked with conducting patrols, traffic regulation, 

criminal investigations, and other investigative and administrative responsibilities. The 

Carabineri operate both in rural and urban areas. 

 44 Id.

45 Id.

46 Id.

47 EUROPOL, https://www.europol.europa.eu/partners-agreements/member-states/italy, archived at 

https://perma.cc/W6M3-TQFB.

48 ENCYCLOPEDIA OF LAW ENFORCEMENT, supra note 19, at 1136.
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• The Finance Police operates under the authority of the Ministry of Finance. It is responsible

for the enforcement of financial and criminal laws, including those addressing tax evasion,

economic fraud, organized crime-related economic offenses, drug trafficking, counterfeiting,

and border protection against smuggling and illegal entry.49

• Additionally, there are two other law enforcement structures: The Forest Police, who work

under the authority of the Ministry of Agriculture and Forests, and the Prison Guards, who

are subordinated to the Ministry of Justice.

Madagascar 

Madagascar’s police force is divided into the National Police and the Gendarmerie. The National 

Police is headed by the Minister of Public Security and is responsible for maintaining law and 

order in urban areas. The Gendarmerie is subordinated to the Ministry of Defense and is 

responsible for law enforcement in rural areas.50

Netherlands 

The Royal Netherlands Marechaussee is subordinated to the Minister of Justice (civil and military 

law enforcement duties), the Minister of the Interior (public order duties), and the Minister of 

Defense (specific military duties). The authorities and mandate of the Royal Netherlands 

Marechaussee are outlined in the Police Act of 2012.51 Its specific tasks include

 carrying out policing and security duties at Schiphol and other airports;

 providing assistance to the civil police forces in maintaining public order and

enforcing criminal law, including assistance in combating cross-border crime;

 enforcing immigration legislation at the external borders of the Schengen area and

carrying out mobile surveillance within the Netherlands;

 assisting with the reception of asylum-seekers and the deportation of undesirable

aliens and asylum-seekers who have been turned down;

 guarding (the premises of) members of the Royal Family and the prime minister;

 carrying out policing duties for the Dutch armed forces, for foreign military

personnel stationed in the Netherlands, and for international military

headquarters; [and]

 carrying out policing duties at sites under the control of the Ministry of Defense.52

The Dutch Police force in the Netherlands consists of twenty-five regional forces tasked with 

enforcing the laws. There is also a national police force, the Dutch Police Agency, which is 

49 Id. at 1138.

50 Id. at 1177.

51 Politiewet 2012 [Police Act 2012], https://wetten.overheid.nl/BWBR0031788/2019-02-01#Hoofdstuk2, 

archived at https://perma.cc/5TBL-M7YT.

52 Netherlands, EUROPOL, https://www.europol.europa.eu/partners-agreements/member-states/netherlands

(last visited Mar. 13, 2019), archived at https://perma.cc/KZ6R-FMF8.
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responsible for supervision of the national infrastructure (motorways, railways, and waterways), 

nationwide crime investigation including provision of expertise when necessary, and protection 

of royal persons.53 Additionally, the Military Police is tasked with protection of the Royal Family, 

performing security tasks for the Dutch army, controlling the national borders and airports, and 

providing assistance to the civilian police. The Military Police also participate in international 

operations in conflict zones.54

The Public Prosecution Service is tasked with investigating and prosecuting criminal offenses, 

and is the only body that may bring suspects before the criminal courts. The Service works closely 

with the police and other investigative services.55 The Ministry of Housing, Spatial Planning and 

the Environment’s Information and Investigation Service is tasked with maintaining public order 

in specific areas under the purview of the Ministry.56

Portugal

Portugal’s law enforcement structure includes the Public Security Police, Republican National 

Guard, and Judicial Police. 

• The Public Security Police is a uniformed urban force responsible for internal security and

public safety. It is subordinated to the Ministry of Internal Affairs and is responsible for

maintaining security and public order in the main urban areas on the continent and on the

islands of Madeira and the Azores. It is also tasked with the enforcement of firearms laws as

well as with the protection of national and foreign dignitaries.57

• The National Republican Guard performs law enforcement and public security tasks only in

rural areas of border towns. It is responsible for internal security and is subordinated to the

Ministry of Defense in wartime and to the Ministry of Internal Administration in peacetime.58

• The Judicial Police is responsible for conducting criminal investigations of major crimes on

the national level, including investigations in missing persons cases, abductions, hostage

situations, and others. It is subordinated to the Ministry of Justice.

• The Alien and Border Service is tasked with enforcement of immigration and asylum laws.

To fulfill this mission, the Service has a wide variety of domestic and international tasks.

Domestic tasks include controlling the entry and exit of foreign nationals, supervising

foreigners’ activities within the national borders, and issuing residence permits. The Service

53 ENCYCLOPEDIA OF LAW ENFORCEMENT, supra note 19, at 1205

54 Id. at 1206.

55 Netherlands, EUROPOL, supra note 52. 

56 Id. 

57 Portugal, EUROPOL, https://www.europol.europa.eu/partners-agreements/member-states/portugal, archived 

at https://perma.cc/N8PK-K5EF

58 ENCYCLOPEDIA OF LAW ENFORCEMENT, supra note 19, at 1259.
Powers of the Mexican Federal Police with Foreign Country Comparisons

The Law Library of Congress 13

investigates criminal offenses regarding trafficking in human beings, facilitated illegal 

migration, forgery, sham marriages, and other related crimes.59

South Africa

The South African police force consists of the South African Police Service (SAPS) and municipallevel forces. The mandated authorities of SAPS are outlined in the South African Police Service 

Act adopted in 1995.60 The SAPS’s mission includes crime prevention, investigation of criminal 

activity, and apprehending and assisting in the prosecution of suspects. SAPS is subordinated to 

the Ministry of Safety and Security. 

The Municipal Police law enforcement force operates mostly in the large urban areas of Cape 

Town, Johannesburg, and Durban. The Municipal Police receives its funding from and is 

subordinated to the local government. Consultation with SAPS is necessary for the establishment 

of a local municipal police force. In addition to assisting SAPS, the Municipal Police enforces

motor vehicle laws and regulations, as well as local laws and ordinances.61

59 Portugal, EUROPOL, supra note 57. 

60 South African Police Service Act 68 of 1995, http://www.lawsofsouthafrica.up.ac.za/index.php/ 

browse/police/south-african-police-service-act-68-of-1995/act/68-of-1995-south-african-police-service-act2015-01-31-to-date-pdf/download, archived at https://perma.cc/3D2Q-SM6C. 

61 ENCYCLOPEDIA OF LAW ENFORCEMENT, supra note 19, at 1309.