MEXICO CITY (apro) .- The media campaign against colleague and fellow page John Ackerman has put the issue of professional certificates on the agenda for public discussion. There is more confusion than certainties about this legal figure, even in the legal community, which is why it is worth clarifying its essential aspects. Let’s see.
First. From the outset it is important to specify the difference between the profession and the academic degree. The profession generally refers to a bachelor’s degree or technical studies for the exercise of which a professional license is required (as its name suggests); that is, it is a patent for professional practice. In this sense, the Regulatory Law of Article 5 of the Constitution regarding the exercise of professions in Mexico City (and its similar in the states of the Republic) specifies in its article 24: “Professional practice is understood, for the purposes of this Law, the regular performance for consideration or free of charge of any act or the provision of any service specific to each profession, even if it is only a simple consultation or the ostentation of the character of the professional by means of cards, announcements, plates, insignia or any other way. Any act carried out in serious cases with the purpose of immediate assistance will not be considered a professional exercise. ” The academic degree (specialty, master’s or doctorate, except for the specialties in some disciplines such as the medical field) does not require for its exercise or its public display of a professional certificate. In effect, the conduct sanctioned with the crime of “usurpation of professions” is that provided for in article 250 of the Federal Penal Code (and its equivalents in the states with some differences, but with similarity in the substantive part of its content) that the letter says: “A prisoner of one to six years and a fine of one hundred to three hundred days will be punished for those who: II.- Who without having a professional title or authorization to practice a regulated profession, issued by authorities or bodies legally qualified to do so , in accordance with the regulatory provisions of article 5 of the Constitution: a) The character of the professional is attributed b) Perform acts typical of a professional activity, with the exception of the provisions of the 3rd. paragraph of article 26 of the Regulatory Law of articles 4o. and 5th. Constitutional. c) Publicly offer your services as a professional. d) Use a title or authorization to exercise any professional activity without being entitled to it. e) In order to profit, join legally authorized professionals for the purpose of professional practice or manage any professional association ”. As you can see, it refers to a profession, not an academic degree.
Second. If I am a doctor of law, but have a degree in economics, can I carry out a legal activity? No, in this case the principle that he who can do more can do less does not apply. To exercise litigation, occupying the position of prosecutor or being a judge is irrelevant if I have one or five doctorates in law, the important thing is that I am a lawyer or a lawyer. The latter is the one that enables the profession. The others are academic degrees. But then why are there institutions that grant professional certificates to academic degrees? For reasons of psychological security and identification, but does not qualify to exercise any profession. I know that some private institutions require it, but it can be fought by way of indirect protection because it is unconstitutional. If someone has a doctorate in medical sciences, but lacks the professional title of doctor and their respective professional license, they cannot practice medicine; On the contrary, you can practice medicine if you have a professional medical degree and your ID, even if you do not have a doctorate. In the case of medicine, whoever is a specialist (cardiologist, psychiatrist, angiologist, to name a few examples) must have a specialized professional license. But that same certificate of specialty in the right of protection, without counting the certificate of lawyer or lawyer in law, does not allow him to exercise the legal profession. The politician Alejandro Rojas Díaz Durán maintains that, by virtue of a search he made in the professional database of the Ministry of Public Education, he did not find any background or data on John Ackerman, which is why, he assured, he has degrees of doctor ” false ”(.https: //url2.cl/YnGUd) This is a gross mistake. The falsity of a doctorate is not established because it is in the database of professionals of the SEP, but optionally that one of the two evidentiary means in Mexico complies, which as such may or may not be exercised by the interested party: The Hague Apostille or b) Is duly legalized; that is, recognized by the secretariat of public education of the country where the University is located and the recognition of the Mexican consulate in that country. The latter is rarely done by those who study abroad, because it is impractical and is not required for any formalities in the academic field, which is where the degrees are relevant, not in professional practice.
Third. In this way, for example, the highest recognition body for scientific and technological research in the country, the Conacyt National System of Researchers, does not logically require professional certificates for the degree of doctor. This degree is an essential requirement to apply to that system along with others to be accepted. Over time, traditional professions that may require a professional license have suffered inflation. And that has created a problem, for example: Who can exercise the profession of journalist? Formally, those who hold a journalism degree and have their respective professional license, but the reality is that this is not the case. Is journalism a profession or a trade? It is a profession, but with unique characteristics where the universe of those who practice it is not limited to graduates in journalism, they may have other professions, academic degrees or none, and for that reason they do not stop being journalists. Can you imagine how many people who practice journalism and who update the criminal rate provided for in Article 250 of the Federal Penal Code and the corresponding ones in the states, would be in jail? And that also happens in other professions that are in similar conditions, which is why the pertinent reforms must be made so that from the norm itself it does not pay for disinformation.