Mexico: prison population 2023

Mexico had nearly 233,300 prisoners as of December 2023, around 7,200 prisoners more than the prior year. The volume of imprisoned people in the country followed an increasing trend from 2018 to 2023.

Prison population

That figure places Mexico among the countries with the largest number of prisoners in the world. However, when taking into account incarceration rates, that is, the number of prisoners per 100,000 inhabitants, Mexico falls out of the ranking and is, actually, one of the Latin American and Caribbean countries with the lowest rates, exceeded by far by countries like El Salvador and Cuba, which register four times the prison population rate of Mexico.

People aged 30 to 39 years made up for the largest share of prisoners in Mexico. However, the share of people deprived of liberty whose age ranged from 18 to 29 years was significantly largest in the case of women, with 32.1 percent of female prisoners pertaining to such age group, while in the case of men it fell to 25.1 percent. Regarding female inmates, approximately a tenth have been pregnant while being in jail. Furthermore, theft was the most commonly committed crime by women in Mexican states' penitentiary centers in 2022, followed by kidnapping and homicide.

Preventive prison

The main reason for the rapid growth of prison population in Mexico in recent years is the 2019 reform of the article 19 of the Constitution, which has led to the spread of pretrial detention. Pretrial detention is a measure that leads to the imprisonment of people automatically while they are still being investigated, without having been sentenced, and can last up to two years. The reform allowed for automatic preventive imprisonment for a wider range of crimes than before, with the new list including fuel theft (huachicoleo) and burglary, among others.

This affects particularly vulnerable people from poor backgrounds, with low education and who commit petty crimes. As of December 2020, 78.6 percent of pre-trial detainees for robbery in Mexico had not been sentenced, which means that less than a fourth of people in jail for robbery had been found guilty in court. The country had an even higher share of unsentenced prisoners for drug trafficking, with 87.8 percent of people being in preventive detention without charge.

. One of the reasons behind the high share of prisoners awaiting sentence is the large number of simultaneous cases that public defenders have to attend to. Depending on the Mexican state in which someone is being prosecuted, a public defender can have up to an average of 336.9 simultaneous cases to defend.