Overview

• On August 1, 2025, the Supreme Court’s First Chamber unanimously ruled that a five-year prison term for disrespecting a superior under the Military Justice Code is constitutional and proportionate.
• The binding thesis established by the court is mandatory for all judicial bodies and affirms that penalties must match the gravity of the military discipline interest at stake.
• The case dates to December 31, 2020, when an intoxicated soldier in Chicuasén, Chiapas insulted, threatened with a firearm and choked a sergeant during service.
• Prior to seeking amparo relief, the soldier had been convicted and sentenced to three years and four months by two military courts and saw his appeal denied by a Circuit Collegiate Tribunal.
• The ruling underscores that the Military Penitentiary System provides education, training, sports and instruction programs to maintain convicted personnel’s fitness for service and deter future disciplinary breaches.