Abstract

The article analyzes the legal figure of the primary caregiver or sole caregiver in the National Penal Execution Law in Mexico, which allows for the substitution of prison sentences with non-custodial measures when the sentenced person has children under 12 years of age in their care. This measure is based on the principle of the best interests of the child, which obliges the State to protect the comprehensive development of girls and boys. The requirements to access this benefit are explained, such as being the primary caregiver, the minors being under 12 years old, and the crime not being serious (such as organized crime, kidnapping, or trafficking). The article also highlights the importance of judges and authorities conducting an individualized analysis focused on the needs of minors. Additionally, it emphasizes that this measure aims to prevent child abandonment, strengthen the family unit, and contribute to social reintegration, as well as help reduce prison overcrowding. However, it is noted that its application is limited due to the lack of dissemination, legal advice, and knowledge among operators of the criminal justice system.