MILITARY JUSTICE CODE
Official Journal of the Federation August 31, 1933
Last Reform Published DOF June 13, 2014
On the sidelines is a stamp that says: Federal Executive Branch.-United Mexican States.-Mexico.-Secretariat of the Interior.
The C. President Substitute Constitutional of the United Mexican States, the following Code has been used to address:
"ABELARDO L. RODRIGUEZ, President Substitute Constitutional of the United Mexican States, to its inhabitants, known:
That in use of the faculty that was conferred to the Federal Executive, by the H. Congress of the Union, according to decree dated twenty-eight of December of a thousand nine hundred and thirty-two, published the day 13 January of the current year, I request the following
MILITARY JUSTICE CODE
From organization and competition
From the organization of military courts
Article 1o.- The administration of military justice corresponds to:
I.- The Supreme Military Tribunal;
II.- The Ordinary War Councils;
III.- Extraordinary War Councils;
IV.- The Judges, and
V.- The Statement Execution Judges.
Article 2o.- They are auxiliary to the administration of justice:
I.- Criminal judges of the common order;
II.- Police military ministerial and common police;
III.- Medical experts-military legists, interpreters, and other experts;
IV.- the head of the judicial file and library;
V.- the others to whom the laws or regulations attribute that character to them.
Supreme Military Court
Article 3o.- The Supreme Military Tribunal will be composed: of a president, brigadier general, military of war and four magistrates, service brigade generals or auxiliaries.
Article 4o.- To be a magistrate, it is required:
I.- Being a Mexican by birth who does not acquire another nationality and be in full enjoyment and exercise of his civil and political rights;
II.- be over thirty years old;
III.- be a lawyer with an official title issued by authority legitimately empowered to do so;
IV.- accredit, at least, five years of professional practice in military courts;
V.- be of notorious morality.
Article 5o.- The Supreme Military Tribunal, will have a secretary of agreements, brigadier general, an auxiliary, colonel; three senior officers and the deputies that needs of the service require.
Article 6o.- To be an agreement secretary or assistant secretary, it is required: to be over twenty-five years old, to have at least three years of professional practice in the The first and second military justice administration, and also the requirements of Section I, III and V of Article 4 (4). mention.
Article 7o.- The National Defense Secretariat will appoint the president and magistrates of the Supreme Military Tribunal, according to the President of the Republic; the secretaries and subaltern staff of the same, shall be appointed by the Secretariat itself. The protest will be granted by the president and the magistrates, before the aforementioned Secretariat of National Defense and by the secretaries and junior staff, before the Supreme Court.
Article 8o.- The temporary faults of the president of the Supreme Court, will be supplied by the magistrates in the order of their appointment. The secretary of agreements will be replaced by the assistant secretary, and by this one of the senior officers.
Article 9o.- The Supreme Military Tribunal will always operate in full. The presence of three of its members is sufficient to enable it to be established. In the event that more than two magistrates are accidentally missing, they will be integrated with one of the judges who will be called to fill the lack in numerical order of their appointment.
Of the ordinary war tips
Article 10.- The Ordinary War Councils will be integrated with war soldiers, and will be composed of a president and four vowels; the first with a degree of general or colonel and the latter from that of the greatest to the colonel.
Article 11.- Ordinary war councils will reside in the squares where permanent military courts exist and will have the same jurisdiction as these.
Article 12.- Ordinary war councils will operate under semesters without being able to perform two consecutive periods in the same jurisdiction, without prejudice to The Secretariat of National Defense extends the period referred to.
Two will be appointed for the capital of the Republic, and one for each of the other places where they will radiate permanent courts.
Article 13.- Both the president and the vocal owners and alternates of the ordinary war councils, will be appointed by the Secretariat of Defense National, and as long as they have that order, they will not be able to perform commissions of the plaza service.
Article 14.- When a defendant is of superior military status to that of one or more of the members of a war council, or in the case of impairment or The Court shall, in accordance with the rules laid down in the third book, be integrated with the alternates which are necessary for all its members to be of equal or superior status to that of the defendant; and if that means is not sufficient for this purpose, the National Defense Secretariat or Marine, as appropriate, shall designate those to be integrated by the Council. This designation shall be made by drawing, from a list of the general working general to carry out that service, made up of three for each of those who are to be drawn and resident in the place where the judgment is to be held or in the most close; and if the integration is not achieved, these Secretaries shall have the grade corresponding to the military personnel who, while in the capacity to perform the duties, have an immediate lower level than the defendant.
Article 15.- Once a process is submitted to the knowledge of an ordinary war council, it will impose in its sentence the appropriate penalty, even if it turns out to be the crime. it must have been the competence of an extraordinary war council, or a judge.
Of the extraordinary war tips
Article 16.- The extraordinary war council will consist of five military personnel who must be at least official, and in any case, of a category equal to or greater than that of the accused. The head who is to convene the extraordinary war council, shall make a list of the names of all the military war soldiers of the corresponding graduation, who are under his command and available for that service and shall be drawn from among them. that list the five members mentioned.
Article 17.- Only when it is not possible to form the board without the heads or officers of the unit in which a defendant serves, they shall be listed as the list of the (a) but in no case shall the officers of the company, the squad, the battery or the unit belonging to the defendant be included in it, nor who have reported the facts or have been presented as kerellants.
Article 18.- The members of the council to which this chapter refers shall be chosen from the military of war; but if the offence charged against the prosecution It is one of its technical functions, one of them, at least, will be chosen in the manner indicated in this chapter, among those of the corresponding technical body.
Article 19.- The authorized chief to convene, if necessary, one of the tips referred to in Article 16, may also convene one or more of the following to operate while The duration of the site or block or of a square, appointing, by means of a lot, those who have to integrate them from among the heads and officers present.
Article 20.- As soon as the operations of the campaign, the site, or the blocking of the square on which the extraordinary war tips have been established, these are completed. shall cease their duties, and shall forward the pending proceedings to the appropriate judicial authority, through the head who convened them.
Article 21.- The military chief who convenes an extraordinary war council, rather than where permanent officials of the service of justice will not reside, from among the lawyers who are entitled in the radio, the persons who must serve as an instructor, secretary and agent of the Public Ministry. If there are no lawyers or if they have had serious reasons not to make the appointment of them, they shall appoint for the performance of those charges to the military of war, stating, by means of special information, the lack of lawyers or the the grounds that he has had, so as not to designate any of the residents.
Article 22.- Military chiefs who exercise the powers to which the previous article is contracted shall account for their acts, as soon as possible, The Secretariat of National Defense or the Navy, as appropriate.
Article 23.- The chief who calls an extraordinary war council, will appoint, from among those who are appointed to form him, to whom he must serve as president.
Of the judges
Article 24.- Military courts shall consist of a judge, brigadier general of service, or auxiliary, a secretary, lieutenant colonel of service or auxiliary, a senior officer and the subalterns that are necessary.
Article 25.- To be a judge, the same requirements as to be the secretary of agreements of the Supreme Military Tribunal are required.
Article 26.- To be the secretary of the court, it is necessary to be of age, and in addition, to satisfy the conditions mentioned in the fractions I, III and V of article 4.
Article 27.- The judges, the secretary and the subordinate staff of the courts, will be appointed by the Secretariat of National Defense. The judges resident in the capital of the Republic shall grant the protest to the Supreme Military Tribunal, the foreign judges, to the same Supreme Court or to the commander of the garrison of the square in which they must be located; and other employees, before the respective judge.
Article 28. There will be the number of judges that are necessary for the justice service, with the jurisdiction to be determined by the Secretariat of National Defense.
Article 29.- Temporary failures of military court personnel will be provided:
I.- Those of the judge, by the secretary;
II.- those of the secretary, by the senior officer;
III.- those of the senior officer, by the subaltern who follows him in category and, in equal circumstances, by the oldest.
Article 30.- When a foreign judge has an impediment to know a business, the secretary will succeed. In the places where two or more judges reside, the person who remains in number, and where appropriate, the most immediate residence, shall be prevented from doing so. As long as the cars are sent, the secretary must take urgent action.
Article 30a.- The Sentencing Enforcement Courts shall be organized and governed in the terms set out in Chapter V of this Title.
Of military justice administration auxiliaries
Of Common Order Criminal Judges
Article 31.- In the places where the military judge does not reside, the criminal judges of the common order, in aid of the justice of the war hero, will practice the proceedings that They are entrusted and required to prevent an alleged offender from taking the action of justice or to lose the fingerprints of the crime; and those that are indispensable for establishing, constitutionally, the situation legal of the defendant; having faculty to resolve on the freedom under Caution.
Military Legal Medical Body
Article 32.- The Military Legal Medical Corps, which is intended to assist the administration of justice in the war jurisdiction, in the resolution of all medical-legal problems which are presented in the proceedings and preliminary investigations.
Article 33.- The Military Legal Medical Corps will be formed:
I.- By military medical experts-military legists;
II.- by hospital doctors, nurses, relief posts and military prisons;
III.- by military corporations physicians;
IV.- by the doctors of the technical staff of the Antropometric Cabinet and those of the Military Identification Office.
From the judicial file and library
Article 34.- The judicial file is an integral part of the General Directorate of Archive and History, which will be subject to the technical order, without prejudice that for its special operation it is governed by the particular instructions of the Secretariat of National Defense through the president of the Supreme Military Tribunal, body to which the aforementioned file will be attached.
Article 35.- The library will be formed, essentially, of all laws, decrees and circulars related to the war fuel, as well as works, brochures and other publications to be published with reference to military and general affairs; and official newspapers.
From the Public Ministry organization
Article 36.- The Public Ministry is the only qualified person to exercise criminal action, and will not be able to withdraw or withdraw it, but when it considers it appropriate or in order signed by the Secretary of War and Navy or by whom in his absence will replace him; order that can be given when the social interest demands it, hearing, previously, the opinion of the Attorney General of Military Justice.
Article 37.- Any complaint or complaint about crimes of the jurisdiction of the military tribunals will be presented to the Public Ministry, precisely, and will do so (a) the competent authorities of the Member State concerned;
When of the steps taken in the investigation of a crime it is detached that it is not attentive against the military discipline, in terms of the article 57 of this Code, immediately and under its strictest responsibility of the Military Public Ministry, must send the inquiry to the appropriate civil authority, refraining from ordering further actions, without prejudice to further action in the investigation of crimes of the military order resulting from them facts.
Article 38.- All persons who are required to provide data for the investigation of the crimes are obliged to appear before the Public Ministry, when they are summoned to this by the Attorney General of Military Justice or his agents. The President of the Republic, the secretaries of the office, the deputy secretaries and senior officers, the generals of division, the military commanders, the heads of department and the members of a High Court are exempt from this rule. who will be examined in their respective offices. The members of the diplomatic corps will be examined in the manner indicated by the Secretariat of Foreign Relations.
From The Public Ministry
Article 39.- The Public Ministry will be composed:
I. Of a Military Justice Attorney General, General of Service Brigade or Auxiliary, Head of the Institution and Legal Consultant of the Secretariat of the National Defense, being, therefore, the ordinary conduit of the Executive and the Secretariat itself, regarding the personnel to their orders;
II.- of agents assigned to the Attorney General's Office, general brigade of service or auxiliary, in the number that the needs require;
III.- of an agent attached to each Permanent Military Court, Brigadier General of Service or Auxiliary;
IV.- of other agents to intervene in processes formed by non-permanent judges;
V.- Of an Auxiliary Agent, Attorney, Lieutenant Colonel of Service or Auxiliary, attached to each of the Commanders of the Republic of the Republic of the Republic, where there is no Permanent Military Courts, or with residence where the needs of the service warrant it.
Article 40.- The Military Public Ministry will have the necessary junior employees.
Article 41.- To be Attorney General for Military Justice, the same conditions are required as to be a magistrate; and your designation and protest will be done in the manner indicated. for those officials.
Article 42.- To be an assigned agent, the same requirements must be filled as to be a judge; your appointment will be made by the Secretary of Defense National and will grant the law protest to the Attorney General of Military Justice, those who reside in the capital of the Republic; those who must reside outside of it, will protest to the Commander of Arms of the square where the judged to be attached or to the same prosecutor.
Article 43.- The auxiliary agents will be appointed by the Secretariat of National Defense and will depend on the Attorney General as the other agents. They will surrender their protest to the Commander of Arms of the square in which they must reside.
Article 44. The rest of the staff of the offices of the Public Ministry will be appointed by the Secretariat of National Defense, and its members, who reside in the capital of the Republic shall render the protest to the prosecutor and the other, to the agent of the place of his destination.
Article 45.- The temporary faults of the personnel that form the Public Ministry, will be supplied:
I.- Those of the Prosecutor, by the agents attached to the procuratorate in the order of their membership;
II.- those of the agents, by appointment of the prosecutor.
From The Scientific Research Laboratory
Article 46.- The Attorney General's Office will have a Scientific Research Laboratory, whose technical and administrative personnel will be compliance with the respective regulations.
From the Judicial Police
Article 47.- In the exercise of the investigation of crimes that fall within the jurisdiction of the military jurisdiction, the Military Ministerial Police will act under the driving and commanding the Public Ministry, and shall be composed of:
II.- of a permanent body;
III.- Of the military who by virtue of their office or commission, they accidentally perform the functions of the Military Ministerial Police.
Article 48.- Permanent Military Ministerial Police will be composed of personnel designated by the National Defense Secretariat or Navy and will be directly dependent on immediately from the Attorney General of Military Justice.
Article 49.- The functions of the Military Ministerial Police referred to in Article 47 (III) are exercised:
I.- By the Heads and Officers of the Surveillance Service;
II.- By the Headquarters, Day, Permanent Officers and their counterparts in the Navy;
III.- By Guard Commanders:
IV.- By Commanders of the Weapon Services.
Article 49 Bis.- The Permanent Military Ministerial Police, will act under the leadership and command of the Public Ministry in the investigation of the crimes, will have the following powers and obligations:
I.- Immediately inform the competent Military Public Ministry when it receives the news of a fact that may constitute a criminal conduct;
II.- Collect and confirm the information you receive about the reported facts and record it in a register intended for such purposes, in which they will settle the day, the time, the means by which it was obtained and the data of the police officers who intervened;
III.- Provide the assistance that victims or offended people require and protect witnesses;
IV.- Make arrests in the cases authorized by the Federal Constitution immediately putting the detained persons at the disposal of the Agent of the Competent Public Ministry. In the case of crimes against military discipline, the Military Ministerial Police Agents will be empowered to carry out personal inspections of the detainee and to collect the objects that he has in his possession, holding them to the rules that prevent this Code;
V.- An inventory of the objects listed in the preceding paragraph shall be lifted in the presence of the inspected person, which shall be signed by both and shall be Provision of the Public Ministry Agent;
VI.- Reunite all of the urgent information, which can be useful to the Public Ministry Agent;
VII.- Take care that the traces and instruments of the crime are preserved, preserving the place of the facts. For this purpose, it shall prevent access to any person outside the proceedings for the collection of information and shall be closed, in the case of a closed premises, or its isolation, in the case of an open place. It shall avoid under its strict responsibility that the vestiges of the event are altered or erased in any way or the instruments used to carry it out are removed, until the Public Ministry and experts are involved. It shall be recorded in writing in the chain of custody of the identification data of the elements involved in the protection of the data;
VIII.- Interview the witnesses presumably useful to discover the truth. The interviews shall be recorded in a register of the police proceedings carried out;
IX.- Practice the actions aimed at knowing the facts and, where appropriate, the physical individualization of the authors and participants in the event;
X.- Collect personal data that serves for the identification of the imputed, and
XI.- Provide security to victims, offended or witnesses of the crime, when deemed necessary by the Judge or the Public Ministry.
The Military Ministerial Police, for no reason will be able to carry out own authority, investigation on persons, manipulation and practice of experts on the objects insured.
When a court order is required for the enforcement of these powers, the police shall inform the Public Ministry to be requested.
From the organization of the body of craft advocates
Article 50.- The free defense of the defendants for crimes of the jurisdiction of the war-time jurisdiction, will be in charge of the body of defenders of trade.
Article 51.- The action of the body of defenders of trade, in favor of the defendants to whom it is to provide their services, will not be limited to the courts of the war jurisdiction, but will be extended to those of the common and federal order.
From the body of craft defenders
Article 52.- The body of craft defenders will be composed:
I.- Of a Chief, Brigadier General of Service or Auxiliary attached to the Supreme Military Tribunal;
II.- of a defender, service colonel or auxiliary attached to each of the courts;
III. Of the other defenders who are required to intervene in the processes instructed by non-permanent judges, and where there are agents of the Military Public Ministry attached.
Article 53.- The body of defense workers will have the subordinate employees that the needs of the service require.
Article 54.- To be the head of the body of defenders of trade, the same requirements must be filled as to be an agent of the Public Ministry; and to be a defender, equal conditions, except the time of professional exercise in the war-time, which will be two years.
Article 55.- The head of the body and defenders, will be appointed by the National Defense Secretariat, to which the first protest will be granted; the other defenders appointed who reside in the capital of the Republic, shall protest to the Chief of Staff, and those who must be located outside the capital of the Republic, before the Chief or the Arms Commander of the Place of their membership. The rest of the staff, will protest to the aforementioned chief of the body.
Article 56.- In the temporary faults, the chief of the body, shall be replaced by the defenders attached to the courts in the order that corresponds, according to the numbering of these. The defenders assigned to the courts will be filled by those who determine the head of the body, in the capital of the Republic; and the foreigners, by designation that the commander of the garrison of the place will make, choosing among the military lawyers of his jurisdiction, giving notice to the Secretary of National Defense and the Chief of the Body.
From the competition
Article 57.- They are crimes against military discipline:
I.- Those specified in the Second Book of this Code, with the exceptions provided for in Article 337 Bis;
II.- Those of the common or federal order, as long as the condition of civil is not the taxable person who resents on his person the affectation produced by the criminal conduct or the person who holds the legal good tutored or placed in danger by the action or omission provided for in criminal law as a crime, in the following cases:
a).- Which are committed by the military at the time of being in service or in the event of acts of the same;
b).- That they are committed by military personnel on a warship or in a military building or military point or occupied militarily, provided that, as a consequence, there is a tumult or disorder in the troops located on the site where the crime the military service has been committed or is interrupted or damaged;
d).- That they are committed by the military in front of troops formed or before the flag;
e).- That the offence is committed by military in connection with another of those referred to in the I.
The crimes of the common or federal order that are committed by military in time of war, territory declared in martial law, or any of the supposed assumptions in the Constitution, they shall correspond to military jurisdiction as long as the taxable person does not have the status of a civilian.
In all cases, when military and civilian personnel are present as active subjects, only the former will be able to be tried by military justice.
The crimes of the common order that they demand, necessary for their investigation and punishment, will not be of the jurisdiction of the military courts, but in the cases provided for in paragraph (e) of section II.
Article 58.- When, under the terms of the previous article, the military courts are aware of crimes of the common order, they will apply the Penal Code that is in force in the the place of the acts committed to the crime; and if this is a federal law, the Penal Code that rija in the district and federal territories.
Article 59.- The military criminal jurisdiction is not extendable or renountable.
Article 60.- When a military officer is to be tried for the crime of the jurisdiction of the war jurisdiction, being prosecuted for any of the common or federal order, the authority The Court of Justice shall have jurisdiction in the case, as if the detainee has been at his disposal since the opening of the opening order, if he is aware of the place where the defendant is being held, and if not, from the moment when such a sabida. In the case mentioned in this article, the military judge will free information from the common or federal order.
Article 61.- If the army is in a friendly or neutral power, it will be observed as to the jurisdiction of the military courts, the rules that are stipulated in the treaties or conventions with that power.
Article 62.- It is a court competent to know of a process, that of the jurisdiction of the place where the offence is committed.
The Secretariat of National Defense, however, may designate different jurisdiction to the place where the crime was committed, upon request of the defendant, or or when the needs of the service of justice so require.
In both cases the corresponding determination shall be duly substantiated and substantiated.
Article 63.- When you doubt which jurisdiction the crime was committed, you will be a competent judge to pursue it that you have prevented in your knowledge.
Article 64.- He is a competent judge to know and punish the continuing crimes, the place where the arrest of the offender is verified, whatever the case may be. have been committed; the proceedings which have been carried out by which he or she has been prevented shall be sent to that authority.
Article 65.- You are competent to know of all the processes that must be accumulated, the judge you know of the oldest, and if you force the same date, the competition will be governed by the the process to be followed by the most serious crime.
Article 66.- Military courts will not be able to hold or hold any competition, without hearing from the Public Ministry.
Supreme Military Tribunal and Secretaries
Article 67.- It is up to the Supreme Military Tribunal to know:
I.- Of the jurisdiction of jurisdiction to be raised between judges, and contests on accumulation;
II.- of the excuses that its members present to meet certain businesses, as well as those of the judges;
III.- of the resources of your competence;
IV.- of the causes of responsibility of military justice administration officials;
V.- of claims made against corrections imposed by war council judges and presidents, confirming, revoking, or modifying such corrections. corrections;
IX.- of queries on questions of law directed to you by the judges;
X.- of the designation of the magistrate to practice prison and court visits, giving the instructions he deems appropriate;
XI.- Other than determine the laws and regulations.
Article 68.- They are the privileges of the Supreme Military Tribunal:
I. Grant licenses to the magistrates, judges, secretaries and other junior employees of the court for up to eight days, giving notice to the Secretariat of the National Defense;
II.- to resolve the claims of the judges against excites of justice and other providences and agreements of the president of the Supreme Court, in exercise of their attributions;
III. to with the National Defense Secretariat the reforms that it deems appropriate to be introduced into military legislation;
IV.- issue circulars, instructing military justice administration officials to obtain the best performance of their office;
V. formulate the rules of the Supreme Court and submit it to the approval of the Secretariat of National Defense;
VI. propose to the Secretary of National Defense the changes of residence and jurisdiction of officials and employees of military justice, as required by the service needs;
VII.- to provide the Attorney General with Military Justice, the data necessary for the formation of military criminal statistics;
VIII.- the others that determine the laws and regulations.
Article 69.- Corresponds to the president of the Supreme Military Court:
I.- Address the discussions;
II.- receiving complaints and reports about delays, excesses or faults in the business dispatch. If the faults are slight, it will dictate the necessary providences for their correction; but if they are serious, it will give the Supreme Court to resolve;
III. communicate to the Secretariat of the National Defense, the absolute or temporary faults of the magistrates, judges, secretaries and other deputies of the military justice administration;
IV.- grant economic licenses for up to three days to the staff referred to in the previous fraction;
V.- carry the official correspondence, dictating the economic agreements in accordance with the rules of procedure;
VI.- issue excitable justice, at the request of a party, against military judges;
VII.- glossate and take the accounts of the expenses of your trade;
VIII. carry with all scrupulousness, in duplicate, the performance sheets of all the officials and employees who depend on the Supreme Military Tribunal, making the entries in them, in particular those relating to complaints which have been substantiated and disciplinary corrections imposed, with the expression of the reason for such complaints and the addition of a certified copy of the title of the lawyer of the person in question, when by law it is necessary for the performance of some position. The duplicate will be forwarded to the National Defense Secretariat;
IX.- dictate the measures it deems appropriate, as regards the judicial file and library, in accordance with the provisions of Article 34;
X.- other than determine laws and regulations.
Article 70.- Corresponds to the Supreme Military Tribunal's secretary of agreements:
I.- Give the President of the Supreme Military Court, with all the business, communications, correspondence and other documents that are received to be dispatched, from then, those of the same president's competence, and order, this, the other's pass to the Supreme Military Tribunal;
II.- to account in the sessions of the Supreme Military Tribunal, with the matters of which it must know, relating them in extract and proposing the agreement that in its concept, must relapse;
III.- to take up the minutes of the sessions, making a relationship of the matters that had been dealt with, the meaning of the discussions and arguments put forward in them.
IV.- take the vote in each business, stating who votes in one direction and who in another;
V.- authorize the decrees, autos, and statements that are issued, as well as the certifications and reasons to settle in the case;
VI.- provide the files to the parties to inform them, take notes or for any other legal effect, monitor that they do so in their presence, without allowing their output;
VII.- issue and authorize copies of resolutions, car constances, and others that the law determines or must be given by a judicial mandate;
VIII.- monitor that the governance books, statements, indexes, correspondence, statistics, and other required for the service are brought into the stream;
IX.- distribute among the senior officers the tasks they are required to perform, designating one of them as a notifier.
Article 71.- The auxiliary secretary of the Supreme Military Tribunal, will perform the duties entrusted to him by the secretary of agreements and the same ones that he is, when he suppress it.
Article 72.- Ordinary war councils are competent to know of all crimes against military discipline, the knowledge of which does not correspond to the judges military or to the extraordinary war councils.
Article 73.- Extraordinary war councils are competent to judge on the campaign and within the territory occupied by the forces they have under their jurisdiction. The commander of the power to summon them, the officers responsible for crimes who have been sentenced to thirty to sixty years in prison.
They are competent to call extraordinary war tips:
I.- The garrison commanders;
II.- the head of an army, army corps or commander in chief of naval forces, and those of divisions, brigades, sections or vessels operating in isolation.
Article 74.- Extraordinary war advice on Navy ships, if they are competent to know, in time of peace and only when the naval unit is (a) in the case of a crime punishable by a sentence of thirty to sixty years in prison, committed by seafarers on board; and in time of war, of the same offences, also committed on board, by any military officer.
Article 75.- To determine in the cases expressed in the articles that precede, the competence of the extraordinary council, it is necessary, moreover, that the circumstances are met following:
I.- That the defendant has been apprehended in flagrant offense.
It will be considered a flagrant offence to be committed or to be committed when the offender is caught. He will be surprised at the act of executing the crime, not only the criminal who is apprehended at the time of the crime, but even the one who is arrested after he has ended up committing him or after, during the immediate persecution, while he does not know put out of the reach of those who pursue it;
II.- that the non-immediate repression of the crime involves, in the opinion of the military chief empowered to convene the Council, a serious danger for the existence or conservation of a force or for the success of its military operations, or affect the security of the besieged or blocked fortresses and squares, damage its defense or store to alter in them the public order.
Judges and Secretaries
Article 76.- Corresponds to the judge of the cause:
I.- To instruct the processes of the competition of the war councils, as well as those of their own; dictating to the effect the opening orders;
II.- To judge crimes punishable by imprisonment not exceeding one year, as a means, with suspension or with removal. Where different penalties are present, the jurisdiction shall be determined by the custodial sentence;
III. to request the Secretariat of National Defense, through the Supreme Military Tribunal, and to this same, the monthly states and the minutes of the visits of jail and hospital, as well as to render to them the reports they request;
IV.- communicate to the Supreme Military Court irregularities that warn in the administration of justice;
V.- practice monthly prison and hospital visits;
VI. refer to the Secretariat of National Defense, through the Supreme Military Tribunal, the removals that are necessary for the good service;
VII.- grant licenses for up to five days to the staff of your court, giving notice to the Supreme Military Tribunal;
VIII.- initiate before the Supreme Military Tribunal, the laws, regulations and measures it deems necessary for the best administration of justice;
IX.- carry the official correspondence, dictating the economic agreements in accordance with the rules of procedure;
X.- other attributions that determine the laws and regulations.
Article 76 Bis.- Sentencing Enforcement judges will ensure that the Military Prison System is organized on the basis of work, training for the same, education, health, sport and military training as means to keep the sentenced fit for his reinstatement to the military activities when it corresponds and his reinsertion to the society, taking advantage of the time of exchange to achieve, as far as possible, that the sentenced once released, respect the law and be able to provide your needs.
The same, they will be competent to resolve on the granting of the benefits that correspond to the persons who have been sentenced by organs of the jurisdiction military.
Article 76 Ter.- The Sentencing Execution Judge will have the following powers and obligations:
I.- Modify or declare the penalties and/or security measures to be extinct, ensuring respect for the rights of the sentenced person during the execution of the same, provided that they are penalties imposed by military authorities.
In exercise of this function, the Director of the Military Prison with the support of the administrative technical areas of the Military Prison System will be obliged to inform you of the contents of the clinical-criminological files of the sentenced, as well as of the advances and incidences in their treatment;
II.- Decide on preparatory freedom and its revocation;
III.- Communicate to the prison authority the immediate freedom of the sentenced, for extinction of the custodial sentence that would have been imposed, on the occasion of the pardons granted by the Federal Executive;
IV.- Resolve the penalty reduction requests;
V.- Issue the apprehension and reapprehension orders that are in execution of the statement;
VI.- To rule on the termination of the security or penalty after the time limit set by the sentence has elapsed and has been fulfilled in its terms;
VII.- Resolve in connection with the extinction or suspension of the penalty or the security measures;
VIII.- Resolver in public hearing, ex officio or at the request of a party, the proposals that the prison authorities or the requests of recognition of benefits that result in a change in the conditions of compliance with the sentence or a reduction in the time of effective deprivation of liberty, verifying that the damage has been repaired or, where appropriate, ensured;
IX.- Leave the sentence without effect, when a law eliminates a fact or omission the character of the crime that the previous one owes to it, ordering the absolute freedom of the sentenced;
X.- Inspect the place and conditions in which the penalties and/or security measures are to be met; likewise, exercise control over disciplinary sanctions (a) decreed by the competent authorities and impose those corresponding, in addition to the control of the way in which the security measures imposed on the inimputable are complied with;
XI.- Order the modification or cessation of security measures, according to the reports provided by the areas responsible for care, treatment and rehabilitation of those subject to them. If they consider it appropriate, they may order the verifications to be carried out, in the case of the official or private assistance centres, and the directors of the military prisons shall comply with the decisions of those judges in respect of the security measures;
XII.- Resolve the challenges that the inmates formulate in relation to the sanctions imposed on them in the prison treatment and regime, without to suspend the sanction for the purpose of the challenge, and
XIII.- The other privileges that the law and other ordinances assign to it.
Article 77.- Corresponds to secretaries:
I.- Give account and agree with the judge, on a daily basis, on the state of the proceedings, the promotions of the parties and the correspondence addressed to the court;
II.- authorize decrees, cars, and judgments to be issued, as well as certifications and reasons to be settled by law or judge;
III.- provide the files to the parties to inform them of their status, take notes or any other legal effects, monitoring that they do so in their presence and without allow your output;
IV.- issue and authorize copies of the resolutions, car constances and others that the law determines or must be given by virtue of a judicial mandate;
V.- carry the governance, correspondence, statistics, and other books required for the service;
VI.- communicate to the judge the irregularities that he sees in the business march of the court, issuing his opinion, on the means of subsanctioning them;
VII.- The other attributions that the law or the judges entrust to them.
Article 78.- The Public Ministry when receiving a complaint or complaint will obtain the necessary data, with every opportunity and effectiveness, to credit the body of the crime and the probable responsibility of the persons, in order to formulate the corresponding order of course, requesting the apprehension, appearance or presentation of the probable perpetrators, if they have not been arrested in A gross offence or in urgent cases.
Article 79.- The Public Ministry will not be able to request the opening of the procedure, without filling the corresponding requirements, in the cases that follow:
I.- When dealing with offenses that can only be performed by necessary query, if this is not presented; and
II.- where the law requires any prior, or indispensable, requirement for the defendant if such a requirement has not been filled.
Article 80.- The Public Ministry, in urgent cases, in the case of a crime that attacks military discipline and which is serious in accordance with the law, In the light of the well-founded risk that the index may be subtracted from the action of justice, they may, under their responsibility, order their detention, establishing and expressing the reasons for their action, as long as it cannot be done before the Court of Justice. military judicial authority by reason of the time, place or circumstance. The arrest will be made immediately.
In the cases of flagrant and urgent crimes, no single person may be held by the Public Ministry for more than forty-eight hours, the time limit for ordering his or her freedom or to be made available to the judicial authority; this period may be doubled in cases of organised crime, which will be those in which three or more persons are organised under the rules of discipline and hierarchy to commit violent and repeated or for predominantly lucrative purposes some of the crimes marked by law as serious.
When the person is detained or presented voluntarily he will be immediately registered by the Public Ministry, who will have the obligation to let him know the guarantees enshrined in Article 20 of the Constitutional Treaty.
Registration by the Military Ministerial Police and the Public Ministry in all cases referred to above shall contain at least the following:
I.- Name, degree, and in your case nickname for the stopped;
II.- Media lineage;
III.- Reason, general circumstances, place, and time when the stopping;
IV.- The name of who or those who have intervened in the stop. Where applicable, grade and subscription, and
V.- Place where the detainee will be moved.
Article 81.- The Attorney General of Military Justice, will have the following powers and duties:
I. Dictate personally on all legal questions or conflicts that arise in matters of the jurisdiction of the Secretariat of Defense National;
II.- order the agents to form preliminary inquiries, on facts that they may consider could result in the clarification that a crime has been committed jurisdiction of the courts of the war jurisdiction;
III.- To pursue by itself or through its agents, before the courts of the war jurisdiction, crimes against military discipline, requesting the orders of apprehension against the accused, seeking and presenting the evidence that accredence the responsibility of these, taking care that the trials are carried out regularly, asking for the application of the appropriate penalties. Promoting the drive for these to be properly accomplished;
IV.- To ask the Secretariat of National Defense, in cases where it is so important, to issue the considerations and opinion that judging from;
V.- Pay the reports that the Secretaries of National Defense or Navy, as well as the Supreme Military Tribunal request;
VI.- give the agents the instructions they deem necessary for the best fulfillment of their order, issue them circulars and dictate all economic and disciplinary measures convenient, to achieve the Public Ministry's unit of action;
VII.- entrust any of its agents, the office of certain business, regardless of their permanent tasks;
VIII.- to be represented by its agents in proceedings to which it must attend, except in those in which its presence is indispensable;
IX.- Qualify the excuses that the agents present to intervene in certain business;
X.- To request the National Defense and Navy Secretariats, as appropriate, the removals that they deem necessary for the good service;
XI.- ask that the responsibilities incurred by judicial officers be made effective;
XII.- Grant licenses that do not exceed eight days to the agents and deputies of the Public Ministry, giving notice to the Secretariats of the National Defense and the Marine, as appropriate;
XIII.- collect from the public offices, all kinds of reports or documentation that I will need in the exercise of their functions;
XIV.- form the military criminal statistic;
XV.- Initiate before the Secretaries of National Defense and Navy, laws and regulations that it deems necessary for the best administration of justice;
XVI.- Formulate the draft regulations of the Military Public Ministry, submitting it to the approval of the Secretariats of the National Defense and the Navy;
XVII.- investigate, with special diligence, arbitrary arrests to be committed, promote the punishment of those responsible and take legal action to stop them from ceasing those;
XVIII.- Celebrate agreement with the top authorities of the National Defense and Navy Secretariats, as appropriate, by giving them account of the principal technical matters of the institution;
XIX.- Carry out with all scrupulousness and in duplicate, the work sheets of all the officials and employees that depend on the Attorney General's Office. Military Justice, making the appropriate entries, in particular those relating to complaints which have been declared founded and disciplinary corrections imposed, with the expression of the reason for them and adding certified copy of the title of the lawyer of the person concerned, where the law is necessary for the performance of some office. The duplicate will be sent to the National Defense and Navy Secretariats, as appropriate, and
XX.- use of the award paths, in cases where the appointments referred to in Article 38 are ignored.
Article 82.- They are the privileges and duties of the agents assigned to the Military Attorney General's Office:
I.- Dictate on the matters that the Office of the Attorney General receives for its review, as well as on the pediments or conclusions that are formulated in the processes or investigations;
II.- to request the opening of the procedure through the respective commanders of the garrisons in view of the investigations, complaints and records of which they must know, exercising the relevant action and requesting, where appropriate, the apprehension of the offenders;
III.- act as attached to the Supreme Military Tribunal;
IV.- serve as advisors as regards the prison regime of the Military Prison in the square in which they radiate;
V.- the others that list the following item as soon as they apply.
Article 83.- They are the attributions and duties of the agents assigned to the courts:
I.- From the first steps of investigation of the crimes, to collect and present evidence that accredence the body of the crime and the probable responsibility of the indicados, to exercise the criminal action duly founded and motivated, requesting the arrest or appearance warrants and other judicial determinations that are relevant to the effective action of such action;
II.- to formulate requests in the investigations referred to in Article 81 (II), once the respective steps are taken and will be carried out in a period not more than one hundred and twenty days. If you estimate that there is no basis for initiating proceedings, you will send the inquiry for the Attorney General of Military Justice, with a justified report, so that he, hearing his or her members, resolves whether or not he confirms his opinion;
III.- formulate your pediments in a clear and precise manner, with factual and factual considerations, pointing to the laws applicable to the case;
IV.- consult the Attorney General in any business as necessary, stating the case in question and the opinion of the Attorney General;
V.- fill in the instructions of the Attorney General, and may, in case of a different opinion, make in writing the observations that come. If the Procurator insists, they must immediately abide by their instructions;
VI.- give notice to the Procurator of the opening of the processes;
VII.- attend the judicial proceedings, hearings and visits of prisons that practice the court to which they are attached, informing the Procurator of the result;
VIII.- interject and form the legal resources from, expressing the respective grievances;
IX.- communicate to the Attorney General's Office all irregularities that warn in the administration of justice;
X.- manifest to the Attorney the reasons for the excuse that they have to intervene in the business in which they are considered to be prevented;
XI.- render the monthly statements and, in addition, the reports that the Attorney General requests;
XII.- use of the award paths in cases where the appointments referred to in Article 38 are ignored;
XIII.- those attached to the foreign courts will serve as advisers to the Director of the Military Prison at the place where they;
XIV.- Understanding the rights of the victim or the offended, referred to in the last paragraph of Article 20 Constitutional;
XV.- To order the police to provide protection to victims, offended, witnesses, judges, magistrates, agents, agents, agents, agents the public ministry and, in general, all the subjects involved in the procedure with the aim of preventing any act that endangers the life or physical integrity of such persons;
XVI.- To intervene in the public hearings before the Judge of Execution of Sentences, concerning the granting or revocation of benefits that constitute a modification of the conditions of compliance with the sentence or a reduction of the time of effective deprivation of liberty, and
XVII.- The others entrusted to them by the Attorney General and laws and regulations.
Article 84.- The agents of the Public Prosecutor's Office shall have within their situation the same powers and duties as those assigned to the courts.
Body of craft defenders
Article 85.- They are the duties and duties of the head of the body of defenders:
I. To defend by itself or through the defenders of trade, military personnel, from the moment of their arrest or from their first appearance before the investigating organ, managing as much as it is conducive to them;
II. to report that the National Defense Secretariat and the Supreme Military Tribunal request;
III.- give the defenders the instructions they deem necessary for them to perform their duties properly; to issue them circulars and to dictate all economic and disciplinary to give unity, effectiveness and speed to the action of the defence;
IV.- qualify the excuses that defenders have to intervene in certain business;
V. request from the Secretariat of National Defense the removals that are necessary for the best service;
VI. Resolve the complaints that the staff referred to in the section I, formulate against the Defenders, agreeing as appropriate;
VII.- Grant the defenders and other subaltern personnel of the body, licenses for up to five days, with notice to the Secretary of National Defense and Navy as appropriate;
VIII.- collect from the public offices all kinds of reports or documents, which I will need in the exercise of their functions;
IX.- direct the formation of the statistics for the institution;
X. start with the National Defense Secretariat, laws, regulations, and measures it deems necessary for the best administration of justice;
XI.- practice each month in jail, at the place of your residence;
XII.- entrust any of the defenders with the dispatch of certain business, regardless of their permanent work;
XIII. formulate the Rules of the Body of Defenders, submitting it to the approval of the Secretariat of National Defense;
XIV. conclude agreement with the higher authorities of the National Defense Secretariat, giving them account of the main technical issues of the institution;
XV.- Take the action sheets of the defenders and other staff who are dependent on the body in duplicate, making them the annotations that they come from, in particular those relating to complaints which have been substantiated and disciplinary corrections imposed, with the expression of the reason for such complaints; and by adding certified copy of the title of lawyer of the person concerned, law is necessary for the performance of some office. The duplicate will be sent to the Secretary of National Defense and Navy, as appropriate, and
XVI.- the others that determine the laws and regulations.
Article 86.- They are the attributions and duties of defenders attached to the courts:
I.- Promote from the first steps, everything that favors your defenders, looking for and offering the driving tests;
II.- formulate your promotions clearly and accurately, with factual and factual considerations, pointing to the applicable laws;
III.- consult the head of the Body in any business as necessary, exposing the case to him and the opinion that he has formed;
IV.- Fill in the instructions that the head of the Body will give them;
V.- give notice to the Head of the Body, of the opening of the processes in which they intervene;
VI.- Interpose in time and form the resources that come, as well as promote the trial of amparo when the human rights of the accused are violated and sentenced and defend them when they apply to the courts of the common or federal order.
At the time of the execution of sentences, they will advise and represent the sentenced for the processing of the prison benefits that the law grants them;
VII.- attend the proceedings, hearings and visits of prisons that practice the court to which they are attached, informing the head of the result;
VIII.- twice a month to visit their defenders, informing them of the status of their processes;
IX.- manage the payment of assets from the processed;
X.- communicate to the head of the Body, all irregularities that warn in the administration of justice;
XI.- manifest the head of the Body, the reasons for the excuse that they have to intervene in the business in which they are considered to be prevented;
XII.- render the monthly statements and, in addition, the reports requested by the head of the Body;
XIII.- others that determine the laws and regulations.
Article 87.- The staff of the justice service will be subject, in what concerns you, to the laws, regulations and provisions of the National Army; when they are service members of professional and permanent career, such as those of war.
Article 88.- The entry to the Military Justice Service for functions requiring the title of attorney shall be made with the rank of lieutenant colonel of service or auxiliary.
Article 89.- The lawyers who belong to the Service of Justice shall not have another job or administrative position; they may exercise their profession except the magistrates, the Attorney General and the judges, only in matters other than the Military Justice Administration and in which the Federation is not a party, and to carry out teaching posts without the exception of that; but without prejudice to the preferential attention they must pay to the performance of their duties.
Article 90.- For the organization of the war tips, as for the hierarchy of the accused, the following rules will be observed:
I.- The members of the Councils will have the same or higher hierarchy as the defendant, with the corresponding equivalence;
II.- When, by any circumstance, the defendant does not have a hierarchy for equivalence, it shall be determined by the considerations of the fact that he enjoys that from the point of view military: salary, nature of functions, etc.;
III.- In the case of a prisoner of war of force considered to be belligerent, the military category held by the prisoner in the army to which he belongs shall be treated; if not One can specify that, he will be judged as an individual of troops.
Article 91.- The President of the War Council shall have the power to designate, from among the vowels, to whom he must serve as secretary.
Article 92.- Officials of the Military Justice Service will have powers to impose admonition and arrest in the terms of the Disciplinary Act of the Mexican Army and Air Force and the Law of Discipline for the Personnel of the Mexican Navy, as disciplinary corrections, to their deputies, for the faults they commit in the performance of their posts. The Supreme Military Court of Justice, the Attorney General, and the Chief of the Military Defense Corps may also propose to the National Defense Secretariat and the Navy, with the same character and for the same reason, the change of Membership of judges, agents and advocates; and if such a change is not approved, they may change the correction.
Article 93.- Military courts have an obligation to maintain order in all acts of the Administration of Justice; to demand that they be respected and considerations and to ensure that the determinations that are made in the course of the proceedings or the hearings are complied with, and that they should be subject to disciplinary action against any of those cases, by the military or the country concerned. any character concurring. If the lack of it is a crime, knowledge will be given to the Public Ministry.
Article 94.- The disciplinary corrections that, in the case of the previous article, may be imposed, are:
II.- fine up to one hundred pesos;
III.- arrested for up to fifteen days;
IV.- suspension in the exercise of the profession for up to one month.
Article 95.- The courts, in the event of knowledge of any lack of the agents, shall give notice to the Attorney General, referring to him, if the absence is in writing, the driver to do so in accordance with his or her faculties.
Article 96.- When one of the agents of the Public Ministry is able to enter into a jurisdiction, it will give notice to the Attorney General, in writing, of the reasons for their promotion.
Article 97.- In addition to the causes of the impediment that to be a defender points out this Code, the military may not, in any case, play the role of defenders, when They are invested in the administration of Military Justice. Nor shall they be defenders, when they are superior to the judge or to any of the members who are to judge the defendant.
Article 98.- Private defenders will render the protest to the respective judge or court.
Of crimes, faults, criminals, and penalties
Article 99.- Every offense of the military order produces criminal responsibility, that is, subject to a penalty to which it commits it even if it has only acted with recklessness and not with damage intention.
Article 100.- The military officer who discovers or has news in any way, of the commission of some crime of the jurisdiction of the military courts, is obliged to put it immediately in the knowledge of the Public Ministry, due to the proper conduits.
The violation of this precept will not be punishable when the offender is linked to the military by links of parentage of consanguinity in a straight line without limitation of degree, and in the collateral up to the fourth, or affinity to the second, inclusive.
Of crimes and those responsible
Classification of offenses
Article 101.- Military order offenses can be:
II.- unintentional or recklessness.
It is intentional that is committed in the spirit of causing harm or breaking the law.
It is recklessness that is committed because of lack of foresight, neglect, impermeousness, lack of reflection or care, and that causes the same harm as an intentional crime.
Article 102.- The innocence of any imputed shall be presumed as long as his or her responsibility is not declared by a firm judgment, issued by the judge of the cause and according to the rules set out in this Code.
The second paragraph is repealed.
Article 103.- For imprudence to be punishable, it is needed that it is consumed, and that it is not so mild that, if it is intentional, only one month's imprisonment would be punished.
Article 104.- Violations that only constitute faults shall be punished according to what the Ordinance or laws that replace it prevent.
Grades of intentional offense
Article 105.- The offenses will be punishable in all their degrees of execution.
These are conato, frustrated crime and consummate crime.
Article 106.- The conato consists in executing one or more facts directly and immediately to the consummation, but without reaching the act that constitutes it if those facts give to know on their own or accompanied by some indicia what is the offence which the agent intended to carry out; if they do not make it known, such acts shall be regarded as purely preparatory acts which shall be punishable when on their own constitute a crime.
Frustrated is the one in which the agent arrives until the last act in which the consummation was to be performed, if it is not verified as an unfeasible offence for impossible, because the means used are inadequate or otherwise strange to the will of the agent.
Recidivism and Accumulation
Article 107.- There is recidivism: whenever the sentenced by execution sentence commits a new offense, if not elapsed, from the time of the conviction, since the " I will break or pardon, by grace, a term equal to that of the prescription of the penalty.
Article 108.- There is accumulation, provided that one is tried at the same time for several crimes executed in different acts, and even if they are related to each other, when it has not been pronounced before irrevocable statement and the action to pursue them is not prescribed.
Article 109.- They are authors of a crime:
I.- Those who conceive of it, resolve to commit it, prepare and execute it, either by themselves or by others to whom it compels or inducts delinquir, abusing those of its own. authority or power, or by means of serious threats, physical force, gifts, promises or guilty machinations or artifices;
II.- those that are the determining cause of the offense, even if they do not execute it by themselves or have prepared the execution, and are valued by other means than those listed in the fraction previous to make others commit them;
III.- those who with posters directed to the people, or the army, or circulating manuscripts or printed, or through speeches encourage a certain crime, if this comes to be executed, even if only victims are designated generically;
IV.- those who physically execute the act in which the offence is completed, except for the following article;
V.- those that execute facts that are the impulsive cause of the offense, or that are immediately and directly routed to their execution, or that are so necessary in the acts of verification is, that without them it cannot be consummated;
VI.- those that execute facts that, although at first glance appear secondary, are of the most dangerous, or require greater boldness in the agent, and
VII.- Those who have the duty to prevent or punish a crime for their employment or commission, are obliged to do so with the offender not to hinder him from committing him, or to seek impunity in the case of being charged.
Article 110.- Whenever compliance with an order of the service involves the violation of a Criminal Law, the superior who has dictated that order and the lower than the run, according to the following preventions:
I.- If the commission of the offence emanated directly and notoriously from the provisions of the order, the one that would have issued it or sent it shall be considered as an author, and those of any way they have contributed to the execution shall be considered as accomplices, in case it is proved that they knew those circumstances, and without prejudice to the responsibility in which they could have incurred such accomplices, yes, to give compliance with that order, would have infringed, in addition, the duties corresponding to their class or the service or commission they are performing;
II.- if the commission of the offence came out of alteration in passing the order or of excess when executing it, on the part of those in charge of doing one or other thing, these will be considered as authors, and the others who have contributed to the perpetration of the crime will be repudiated as accomplices, on the same terms previously expressed, and
III.- if for the perpetration of the offence preceded the order, agreement or concert between the one who issued it and one or more of those who contributed to execute it, one and others will be considered as authors.
Article 111.- They are complicit:
I.- Those who assist the perpetrators of a crime in their preparations by providing them with the appropriate instruments, weapons or other means to commit them, or by giving them instructions for this purpose, or in any other way facilitating preparation or execution, if they know the use which is to be made of the nails or the other;
II.- Those who do not avail themselves of the means of speaking the part I of article 109, use persuasion or excite the passions to provoke another to commit a crime, if that provocation is one of the determining causes of this, but not the only one;
III.- those who in the execution of a crime take part in an indirect or incidental manner;
IV.- Those who hide stolen things, give asylum to criminals, provide them with the escape or protect impunity in any way, if they do so under a pact before the crime, and
V.- those who without prior agreement with the offender, but who are aware that they will commit the crime, and owing for their employment or commission to prevent it, do not fulfill that duty.
Article 112.- If several are committed to executing a given offence and one of the offenders commits a separate offence without prior agreement with the others, they will remain entirely free of liability for the non-concerted, if the following requirements are met:
I.- That the new offense does not serve as an appropriate means to commit the other;
II.- that that is not a necessary or natural consequence of this or the concerted means;
III.- that they have not known before that the new offense was to be committed, and
IV.- that being present to the execution of this, they have done how much was on their part to prevent it, if they could do so, without serious and immediate risk of their people.
Article 113.- In the case of the previous article, they will be punished as authors of the non-concerted offense, those who do not execute it materially, if either of the two The first requirement is required. But when the third or fourth is missing, they will be punished as accomplices.
Article 114.- He who uses one of the means by which the fractions I, II and III of Article 109 and II of the 111 are spoken, shall be responsible for or induce another to commit a crime shall be responsible for the other crimes committed by his or her co-author, only in the following cases:
I.- When the new offense is an appropriate means for the execution of the other;
II.- when it is a necessary or natural consequence of this, or of the concerted means.
But not even in these two cases will he have responsibility for the new crimes, if they will cease to be if he will execute them.
Article 115.- The fact that by some of the means by which the fractions I, II and III of Article 109 and II of the 111 are spoken, causes or causes another to commit a crime, it shall be free of responsibility if you have removed your resolution and prevent the crime from being consumed.
Article 116.- They are first class concealers, who without prior concert with the criminals, favor them in any of the following ways:
I.- Auxiliary them to take advantage of the instruments with which the crime is committed or the things that are the object or effect of it, or taking advantage of the concealers of the ones or of the others;
II.- procuring by any means to prevent the crime from being found or to be discovered to those responsible for it, and
III.- hiding these, if they are in the habit of doing so, or working for given or promised retribution.
Article 117.- They are second class concealers: those who acquire a stolen thing even though they are not proven to have knowledge of this circumstance, if by acquiring it they did not take the appropriate precautions to ensure that the person who obtained the thing, had the right to dispose of it.
Article 118.- They are third-class concealers: those who have the duty to prevent or punish a crime for their employment or commission, favor criminals without prior agreement with them, by executing any of the facts listed in Sections I and II of Article 116 or by concealing the culprits.
Liability Exclusionary Circumstances
Article 119.- They are exclusionary:
I.- The accused in the state of mental alienation is found in committing the offence;
II.- the accused be found, in committing the offence, in a state of unconsciousness of his acts, determined by the accidental and involuntary use of toxic substances, inebriating or enervating, or by an acute toxinfectious state or an involuntary mental disorder of a pathological and transient nature;
III.- acting on behalf of the defendant in defence of his or her person or of his or her honour, except as provided for in Article 292, repelling an assault, current, violent, non-law and of which it is imminent danger, unless it is proved that any of the following circumstances intervened:
1a.- That the assaulted caused the aggression, giving immediate cause and sufficient cause for it;
2a.- who foresaw the aggression and was able to easily avoid it by other legal means;
3a.- that there was no rational need for the average employee in the defense, and
4a.- that the damage that the aggressor was going to cause was easily repaired by legal means, or was notoriously of little importance compared to the one that caused the defense.
IV.- acting in compliance with a legal duty or in the legitimate exercise of a right, authority, employment or public office;
V.- execute a fact that is not criminal but for the particular circumstances of the offended, if the defendant ignored them unculpably at the time of their action;
VI.- obey a superior even if his/her mandate is a crime, except in cases where this circumstance is notorious or the defendant is proven to be aware of it;
VII.- To violate a Criminal Law by ceasing to do what it commands for a legitimate or insurmountable impediment, except that, when dealing with the failure to comply with an absolute order and unconditionally for a military operation, I will not prove that the defendant has done everything possible, even with imminent danger of his life, to comply with that order;
VIII.- cause damage by mere accident without intent or recklessness, executing a lawful fact with all due precautions;
IX.- acting driven by an irresistible physical force, and
X.- acting violated by the founded and irresistible fear of an imminent and serious evil in the offender's person.
The last two exclusionary persons will not proceed in the crimes committed for infraction of the duties that the Ordinance or laws that replace it, imposes on each military according to its category in the army or the position or commission to perform on it.
Exclusionary circumstances may be enforced on an ex officio basis.
Circumstances that mitigate or aggravate liability
Article 120.- The circumstances that diminish or increase the criminal liability of the defendant shall be established and qualified by the judge, at its discretion.
Article 121.- To determine these circumstances, you will consider:
I.- The nature of the action or omission and of the means used to execute it and the extent of the damage caused and the danger run;
II.- the age, education, illustration, customs and previous conduct of the defendant and the reasons that drove or determined the defendant;
III.- the personal conditions in which he was at the time of committing the offence and the other records that may be checked, as well as his or her ties of kinship, friendship, or born of other social relationships; the quality of people offended and the circumstances of time, place, mode and occasion;
IV.- the attitude of the defendant after the commission of the crime and especially the facilities it has provided for the investigation of the truth.
Of the penalties and their consequences
General Rules on Penalties
Article 122.- The penalties are:
III. Suspension of employment or military commission, and
IV. Job removal.
Article 122 bis.- The Military Prison System will be organized on the basis of work, training for the same, education, health, sport, training, military instruction and respect for human rights as a means to keep the sentenced person fit for voluntary military service and to prevent him from breaking the discipline again. Women will commend their penalties in places separate from those intended for men.
Article 123.- All temporary penalty has three terms: minimum, medium, and maximum. Where, for the duration of the sentence, a single term is indicated in the law, this shall be the means; and the minimum and maximum shall be formed, respectively, by deducting or increasing from that term a third party. When the law sets the minimum and the maximum penalty, the medium will be the semi-sum of these two extremes.
Article 124.- Whenever the law disputes that a crime is imposed, diminished or increased, the penalty expressly stated for another, the terms of this will be decreased or increased as appropriate and the result will be as an average term of the penalty to be applied.
Article 125.- The custodial sentences shall not be enforced, but when the sentenced person has remained in the designated place for the extinction of his conviction all the time set for them, unless he is commuted, amnesty, pardon or preparatory freedom is granted, or he has no fault in not being driven to his destination.
Article 126.- Prison sentences shall be counted from the date on which the freedom of the defendant was restricted, not being paid to the sentenced time he had been granted provisional freedom or on bail, nor the time he had been on the run. If the sentenced person becomes subject to a previous conviction, the second sentence shall be counted from the day after the first sentence.
Article 127.- They shall not be considered as penalties for the purposes of this law: the restriction of the release of a military officer by detention or remand, except as provided in the previous article; the separation of the military from their positions or commissions, or the suspension in the exercise of them, decreed for the instruction of a process or the disciplinary corrections established in this Code.
Article 128.- The prison sentence consists of the deprivation of liberty from sixteen days to sixty years, without this second term being increased or even because of accumulation or recidivism, as it will only be subject to the effects of the withholding tax.
Article 129. Military personnel who are subject to preventive detention for the purpose of committing crimes committed against civilians in tort may remain in military prisons when the competent military authority deems it essential to preserve the rights of the prosecution or so require the needs of the service of justice. In this case, at the request of the defendant, that authority must raise before the judge who instructs the process the application where it serves and motivates such need for the conduct to be agreed upon. The military authority shall cooperate with the courts of the ordinary jurisdiction for the prosecution to appear before such instances whenever it is required.
Those sentenced to a custodial sentence will be able to commend the sentence in military prison or in centers of social reinsertion of the common or federal order, if it considers it necessary the military authority competent to preserve the rights of the sentenced person. In this case, at the request of the sentenced person, the military authority must raise before the court that has given the judgment the application in which it serves and motivate such a need for the conduct to be agreed upon, observing the by the seventh paragraph of Article 18 of the Political Constitution of the United Mexican States.
Ships, barracks or military offices may not be considered military prison.
Item 130.- (Repeals).
From suspension of employment or commission
Article 131.- The penalty of suspension of employment consists of the temporary deprivation of which the sentenced person has been performing, and of the remuneration, honors, considerations and The same is true of the use of decorations for all the military, of flags for the individuals of the troops, and of the uniform for the officers.
Article 132.- The suspension of military commission that can only be applied to the officers, consists of the temporary exemption from which the person would have been entrusted is treated, and does not disable the latter to carry out any other duties or commissions.
Article 133.- Those sentenced to the penalty of suspension of employment or commission shall not be exempt during their time of duties corresponding to their character as military personnel. which are compatible with the effects of the same penalty.
Article 134.- The suspension shall be counted from the time the irrevocable judgment is served, provided that the sentenced person is also not subject to a custodial sentence freedom, since in that case it will be counted from the day after the one in which extinga is.
Article 135.- The sergeants and cabs susceed in their jobs, will continue to serve as soldiers and will perceive the being of these in any body or dependence different from that of which they were a party, unless there is no place where they are to terminate their sentence, without being paid in one or the other the time of the suspension, in the service or in connection. In respect of the officers, the duration of the suspension of employment, in the service, shall not be computed either, thus being recorded in the respective sheet.
From Job Removal
Article 136.- The dismissal of employment consists of the absolute deprivation of military employment that is being played by the defendant, while also importing the legal consequences. expressed in the following articles:
Article 137.- The sergeants and cabs removed from their respective jobs, will lose the rights acquired by virtue of the time of service as well as the use of decorations or (b) distinctive, and shall be discharged, unless they have not yet fulfilled the time of engagement, for they shall then continue to serve as soldiers, and wherever possible, in a different body or dependence of the one to which they have belonged, without prejudice to the recovery of their jobs on the scale of promotions, except the relative incapacity while enjoying high school freedom.
Article 138.- The officers removed from their employment shall lose the rights acquired by virtue of the time of service provided, and that of wearing uniform and decorations, They were unable to return to the army for the term that was set in the sentence.
Article 139.- When in addition to the dismissal a custodial sentence would have been imposed, the term for the disablement will begin to run since the custodial sentence has been extinguished and in any other case, from the date of the irrevocable judgment.
Article 140.- The court that imposes the dismissal as a penalty or as a consequence of the prison sentence, will set the term of the disablement to return to the army when the I did not point out. Where the penalty for dismissal is imposed, with a custodial sentence, the disablement may not exceed a term equal to that of this sentence, nor shall it be reduced from one year to 10.
Article 141.- The Sentencing Enforcement Judge may grant the rehabilitation for a single time as long as the sentenced person justifies the half of the time the disablement would have been imposed and observed good conduct.
Rehabilitation returns to the sentenced the legal capacity to return to serve in the Armed Forces.
From the death penalty
Article 142.- (Repeals).
Of the legal consequences of custodial sentences
Article 143.- It is a necessary consequence of the custodial sentences, to interrupt for all the time of their duration the service or hook; and if they should last more than two years, the dismissal of the employment from now on, unless in the legal precept where the penalty is fixed the contrary is available.
Also as a necessary consequence of a damning sentence, the instrumentalities of the offence and any other thing with which it is committed or attempted to commit, will be destroyed if they only serve to commit, otherwise, if they are of the property of the sentenced or have used them with the consent of their owner, they will be applied to the Executive if it is useful and if not, they will be sold to people who do not have ban on use, and its price will be used for material improvement of the prisons.
Article 144.- A military officer shall be deemed to be suspended in the exercise of his employment without being exempt from the considerations which must be kept to him by his children, and he or his superiors, as long as he remains in a preventive prison; but when he is extinguishing a custodial sentence, he will be considered to be removed from his employment, even if he had not been sentenced to dismissal, without this is understood to be private of his/her character as a military sentenced.
To sergeants, cabos and soldiers prosecuted for the crime of simple desertion or condemned to suffer a penalty without prejudice to the service, whatever the place indicated for some and others shall be considered as soldiers; they shall provide the services which are designated to them and shall be subject to the provisions of the ordinance or laws which replace it, and those of this Code.
Application, Substitution, and Reduction of Peñas
Article 145.- It is prohibited to impose by simple analogy and even for a majority of reason, any penalty that is not decreed in a law applicable exactly to the crime of (a) to be dealt with, and which would be in force when it was committed. The following cases are excepted in favour of the sentenced:
I.- When between the perpetration of the offense and the irrevocable judgment that upon it is pronounced, one or more laws that decrease the penalty set forth in another law are enacted the new law will be applied to the commit of the crime, or replace it with another child;
II.- When an irrevocable sentence has been pronounced that a custodial sentence has been imposed, a law will be issued that only decreases the duration of the sentence. penalty, if the sentenced person so requests and is found in the case of the new law, the penalty imposed shall be reduced, in the same proportion as the minimum of the one indicated in the previous law and that of the one indicated in the later law;
IV.- When a law takes away from a fact or omission the character of the crime that the previous one gave it, it will put in absolute freedom those who are being judged, as well as the They are sentenced to be in compliance with their convictions and will cease to be fully entitled to all the effects that they and the processes should produce in the future.
Article 146.- Whenever with a fact executed in a single act or with an omission, several penal provisions are violated that point to different penalties, the crime that is applied deserve greater punishment, taking into account the other violations as aggravating circumstances.
Article 147.- When a crime can be considered under two or more aspects, and in each of them it deserves a different penalty, the greater will be imposed.
Article 148.- It is not imputable to the defendant the increase in gravity coming from particular circumstances of the offended, if he ignored them unculpably in committing the offence.
Article 149.- The qualifying or modifying circumstances of the penalty that are related to the fact or omission of the penalty, take advantage of or harm all those who intervene in the any degree in the commission of a crime.
Article 150.- If the sentenced person has remained in jail longer than the one who should last the custodial sentence to be imposed, and In addition to the suspension of employment or commission or the dismissal of employment, the judge shall reduce the time of suspension or disablement in order to return to the army the excess of the prison suffered.
Article 151.- Whenever a person responsible for a crime has to impose a penalty that is inapplicable to him for being incompatible with the circumstances of her with the staff of the sentenced person or if a proportional part of any indivisible penalty is imposed, the following shall be observed:
II.- If the penalty is that of suspension of employment or commission or of dismissal of employment, it shall be applied proportionally to the prison, computed according to the half of the duration who would have had the suspension or disablement to return to the army.
Article 152.- When the offenses specified in this book are committed on the campaign trail and there is no provision that expressly sanctions or does not presuppose it, it will be increased from one to Three-quarters of the penalties identified without that circumstance. In the same proportion, the other penalties for aggravation shall be increased.
In any case the penalty to be imposed on the person responsible for a crime is less than sixteen days in prison, this time limit shall apply.
Article 152 bis.- As of the first of August of a thousand nine hundred and ninety-four, for the fixing of penalties applicable under this Code, the amounts established in pesos shall be converted into days of general minimum wage in the Federal District in force at the time of the execution of the crime, at the rate of 20 days per hundred pesos or its equivalent ratio.
Application of penalties to children under eighteen years of age and to pupils in military education establishments
Article 153.- In the event that any student of military education establishments under the age of eighteen, commits a criminalized conduct as a crime in criminal law, it will be made available to the authorities of the appropriate comprehensive system of justice for adolescents.
Article 154.- Students of military education establishments over eighteen years of age who are in training schools and who commit a crime against military discipline in accordance with the provisions of this Code shall be punishable by half of the penalties indicated for the respective offence.
Article 155.- For the purposes of this Code, all military personnel who enter any of the expressed establishments, lose the hierarchy they have in the army, whatever it may be; they must be considered simply as students and without taking into account the various degrees which within the establishment they are dealt with are awarded to them.
Article 156.- For the same purposes of the above article, the cadets of the military education establishments, in relation to the other members of the army, will be considered as first sergeants.
Applying penalties for recklessness
Article 157.- Imprudence offenses, when this Code does not indicate a particular penalty, will be punished:
I. With three years in prison when the offence, if intentional, has been sentenced to thirty to sixty years;
II.- with one year in prison if the offence, if intentional, is punishable by dismissal of employment;
III.- with one third of the time of suspension of employment or commission that has been set for the offence, if intentional, and
IV.- in any other case with imprisonment of sixteen days to two years at the discretion of the judge, who shall take into account for the fixing of the penalty, the greater or lesser facility to foresee and to avoid the damage caused; if this is sufficient reflection or ordinary attention and common knowledge in some art or science; if the accused have previously outlined in similar circumstances, and if they had time to work with the necessary reflection and care.
Dealing with excess in defense, it will also take into consideration, the degree of agitation and overhang of the attack, the time and place of aggression, age, physical constitution and other bodily circumstances of the aggressor and the assaulted, the number of attackers and defenders and the weapons used in the attack and in the defence.
In no case will the penalty be imposed exceed three-quarters of which it would be if the offence was intentional.
Applying penalties on conato degrees and frustrated crime
Article 158.- The conato will be punished with the fifth part of the penalty that would apply to the defendant, if he had consummated the offence.
Article 159.- Frustrated crime will be punished:
I.- When the crime is not consumed because it is an unfeasible offence, because it is impossible or because the means used are obviously inadequate, with one third to two Fifths of the penalty that would be imposed if the offence had been consummated, and
II.- when the offense is not consumed by causes extraneous to the will of the various agent of those that are expressed in the previous fraction, with two-fifths to two-thirds of which would apply if the offense had been consummated.
The judge shall take into account the provisions of Articles 146 and 147.
Application of penalties in case of accumulation and recidivism
Article 160.- If various crimes are accumulated that have a sentence of imprisonment, the most serious one will be imposed, which can be increased to a third of the time of your duration. If the penalties are different in nature, they will all be imposed.
Article 161.- The rule in the previous article will not apply when it results in a greater penalty than if all of the offences mentioned in the law are accumulated, as in this case, They will impose all these.
Article 162.- It is for the judicial arbitration to qualify as the most serious crime among those who should accumulate.
Article 163.- When any of the offences accumulated had been committed the offender was prosecuted, or before his apprehension, but having this news that he was In the case of any of them, the third part of the aggravation referred to in Article 160 may be increased by up to one half.
This rule will not be followed when the penalty indicated to the new crime is less than the increase that should be made, because in such case it will be imposed.
Article 164.- The recidivism will be punished with the penalty to be imposed for the last offense with an increase:
I.- Up to one-sixth if the last offense is less severe than the previous one;
II.- up to a fourth, if both are of equal severity;
III.- up to a tercia, if the last one is more severe than the previous one.
If the sentenced person has been pardoned by grace in the previous offence or his recidivism is not the first, the increase in the rules of the rules may be doubled above.
For the purposes of this article, the judicial arbitrage has the qualification of the seriousness of the crimes.
Applying penalties to accomplices and concealers
Article 165.- Accomplices will be punished with half the penalty that would be applied if they were perpetrators of the crime.
Article 166.- The cover-ups will be handed the third sentence that would apply if they were perpetrators of the crime.
Article 167.- First class concealers will be given the penalty that sets the preceeding precept, and, in addition, if they are from the category of corporal, suspension of employment of sixteen to fifty days.
Article 168.- If the concealers are second class, in addition to the penalty mentioned in Article 166, they will suffer from the suspension of employment, for the term of six months to a year.
Article 169.- If the cover-ups are of the third class, they shall be imposed, in addition to the penalty mentioned in Article 166, the dismissal of the employment they perform.
Applying penalties when estimating attenuating and aggravating
Article 170.- When the judicial authority considers that there are no circumstances that attenuate or aggravate the liability of the defendant, it shall impose the term average of the penalty, when it is this that the law points out.
Article 171.- If the judicial authority estimates attenuating, it may reduce the penalty from the medium to a minimum, and if it considers aggravating, increase it from the medium to the maximum, giving them the value that consider fair, in accordance with the rules set out in this Code.
Article 172.- If the law is to fix the extremes, the judicial authority shall impose the right to be fair, taking into account the circumstances that attenuate or aggravate the liability. of the defendant, if some concurs.
From the Penas Substitution
Article 173.- The substitution cannot be done but by the judicial authority when this Code permits and when the final judgment is handed down in the process different from the one mentioned in the law.
Article 174.- The substitution can be done in the following cases:
II.- in the case of a crime that has not caused any harm or scandal, and the penalty indicated does not pass from six months in prison, if it is the first time that the defendant has been committed, prior to good conduct and mediate other circumstances worthy of consideration, and
III.- when the law expressly determines it.
Article 175.- In the cases of section II of the previous article, the sentence will not be executed, but if the sentence is admonished.
Article 176.- (Repeals).
Article 177.- (Repeals).
Article 178.- (Repeals).
Running statements, retention, and high school freedom
Article 179.- Corresponds to the Judge of Execution of Sentences, to monitor compliance with the penalties and security measures, imposed by the Military Courts, who must forward the necessary constances to you.
Article 180.- The sentence that imposes a custodial sentence shall not be executed if the sentenced person in the state of disposal is issued after the sentence mental. In that case, the Judge of Execution of Judgment shall rule on the applicable security measure without exceeding the time imposed as a custodial sentence; where appropriate, the custodial sentence shall be executed when the mental health is recovered.
Article 181.- The execution of the judgments will be done in the form and circumstances that determine the Third Book of this Code.
Article 182.- Any prison term for two or more years will always be imposed with a retention quality for a quarter more time, and will be expressed in the statement.
Article 183.- The retention shall be effective when the sentenced person with that quality, has misconduct during the last third of his or her conviction, incurring a lack of discipline or in violation of the prison rules, provided that they are of a serious nature in the judgment of the Supreme Military Tribunal.
Of Preparatory Freedom
Article 184.- Those sentenced to suffer a custodial sentence for a crime whose average term is not less than two years shall be entitled to grant them the benefit of high school freedom, dispensing the remaining time, when they have observed good conduct during the middle of their sentence.
Article 185.- The sentenced to serve a custodial sentence of thirty to sixty years, shall only be granted preparatory freedom, when he has had good behavior for a time equal to two-thirds of your penalty.
From the extinction of penalty and penalty action
From the extinction of criminal action
Article 186.- Criminal action is extinguished:
I.- By Death of Defendant;
II.- by amnesty;
III.- by prescription, and
IV.- by irrevocable judicial resolution.
Article 187.- The defendant may allege in any state of the process the exceptions listed, and the judges shall submit them as soon as they have knowledge of them.
Article 188.- The prescription is personal and for it the simple passage of time indicated by the law will suffice.
Article 189.- The terms for the prescription of the criminal action, will be continuous and will be counted from the day the crime was committed, if it is instant and since it ceased, if It continued.
Article 190.- Criminal actions will be prescribed within the following deadlines:
I.- In one year if the average term of the custodial sentence is less than that or the term of suspension of employment or commission;
II.- in three years if the average term of the term of imprisonment is one year or more, without exceeding three; or if the action is born of a crime that has been designated as the sole penalty of job removal;
III. In a time equal to the average term of the penalty if this should exceed three years.
Article 191.- When there is an accumulation of crimes punishable by deprivation of liberty, the criminal actions that result from them shall be prescribed in a term equal to that of the the penalty to be applied, as provided for in Articles 160 to 163.
When a custodial sentence is held with removal or suspension, the latter will not be taken into account.
Article 192.- The prescription of criminal action will be interrupted by judicial proceedings in the investigation of the crime, even if the proceedings against the person are not practiced. Except in the case where half of the term necessary for the prescription has elapsed, then only the apprehension shall be interrupted.
Article 193.- The sentence is extinguished by death of the sentenced person, prescription, amnesty, pardon or recognition of innocence. These causes must be enforced on their own.
Article 194.- The prescription of a sentence extinguishes the right to execute it and to switch it.
Article 195.- On the prescription of penalties, the provisions of Article 188 should be observed, in so far as it is not opposed to the provisions of this chapter.
Article 196.- The terms for the prescription of the penalties shall be continuous and shall run from the day following the day on which the sentenced is subtracted from the action of the authority, if the penalties are custodial, otherwise, since it causes the sentence to be executed.
Article 197.- The penalties will be prescribed in the following terms:
II. In a term equal to its duration, plus a quarter of the penalty imposed, and
III.- At a time equal to the one missing from the conviction, plus a quarter, when the sentenced person has partially complied.
(Last paragraph is repealed).
Article 198.- The prescription of custodial sentences is only interrupted by the apprehension of the sentenced person even if the sentence is executed for another crime. different.
Article 199.- The amnesty takes advantage of all those responsible for the crime, even if they are already executed. To those who are in prison, they will certainly be released.
Article 200.- The pardon cannot be granted but penalty imposed by irrevocable judgment.
Article 201.- A pardon will be granted whatever the penalty is imposed and the rehabilitation will be granted when the convict appears to be innocent.
When the conduct observed by the sentenced person reflects a high degree of social rehabilitation and his release does not represent a danger to public peace or security, according to the the opinion of the executing organ of the sanction and not to be sentenced for treason to the Fatherland, espionage, crimes against the Law of Gents, rebellion, insubordination causing the death to the superior one, to have been, abandoned, since they refer to the Article 312, paragraph II and III, abandonment of a vessel or a convoy in the case of Article 318 (VI), (i) of the 319 and Article 321, removal and usurpation of command or commission in the case of Article 323 (III), infringement of military duties corresponding to each military officer according to his commission or employment Article 385, or repeat offender, may be granted a pardon by the Federal Executive, in use of discretionary powers, expressing its reasons and grounds in the following cases:
I.- When you have provided important services to the Nation, or
II.- When special circumstances exist in your favor.
The provisions of the preceding paragraph shall not apply to the pardon referred to in Article 176 of this Code.
The pardon in no case will extinguish the obligation to repair the damage caused. Recognition of the innocence of the sentenced person extinguishes the obligation to repair the damage caused.
Article 202.- In the case of recognition of innocence, he will be relieved of all punishment and if he is detained, he will be immediately released.
Crimes against the Foreign Security of the Nation
Betrayal to the homeland
Article 203.- It will impose a penalty of thirty to sixty years in prison, to whom:
I.- Induce a foreign power to declare war on Mexico, or be aware of it for the same purpose;
II.- is passed to the enemy;
III.- be up in arms to dismember the national territory. The individuals of troops who incur this crime, not being the bosses or the movers of the movement, will suffer the penalty of fifteen years in prison;
IV.- deliver to the enemy, the force, ship, aircraft, or any other unit of combat, which has its orders, the place or position entrusted to its position, the flag, the provisions of mouth or war, or provide you with any other resource or means of offense or defense;
V.- induce Mexican troops, or who are at the service of Mexico, to pass on to the enemy force, or recruit people for the service of the enemy;
VI.- communicate to the enemy the status or situation of the Mexican troops, or of those who are in the service of Mexico, of ships, aircraft, weapons, ammunition or supplies of have any plan of operations, military itineraries, or deliver plans of forts, bays, anchorages, camps, positions or grounds, and in general, any report that may favor its operations of war or harm those of the army national;
VII.- excites a revolt among the troops or on board a ship or aircraft at the service of the nation, at the front of the enemy;
VIII.- make military signals to the front of the enemy or other indications of its own and conducive to unsettle the national troops, or to deceive them, excite them on the run, cause their loss or that of ships or aircraft or to prevent the meeting of each other, if they are divided;
IX.- entable or facilitated with persons who are at the service of the enemy and without the competent authority, verbal or written relations, about matters concerning the war operations. The foregoing does not include military treaties and conventions that may be negotiated with the heads of enemy forces, to conclude armistice, capitulation, prisoner exchange or for other lawful purposes;
X.- circulate or circulate dolously among troops or crews, proclamations, manifestos, or other unfavorable enemy publications to national forces;
XI.- transmit to the enemy some book or sign notes, the combinations of the touches, or other conventional signs to communicate;
XII.- Fatigue or intentionally tire the troops, crews, stray the course of ships or aircraft or make it impossible by any means to the crew or the troops for the maneuver, or to the ship or aircraft for combat;
XIII.- Do not execute, in whole or in part, an order of the service or modify it of its own authority to favor the designs of the enemy;
XIV.- Malverse flows or effects of the military on the campaign and with damage from war operations or troops;
XV.- falsify or alter a document relating to the military service, or knowingly make use of it, provided that it is used to cause disturbance or bankruptcy in the operations of war or occasioning the delivery of a military square or post;
XVI.- give your superior news contrary to what you know about war operations, or do not tell you the data you have about such operations and projects or enemy movements;
XVII.- on a campaign or territory declared in a state of siege or war, use roads, railways, telegraphic or other communications, and equipment, or cause breakdowns that interrupt the service, destroy channels, bridges, defense works, ships, aircraft, weapons, ammunition or any other war material or supplies for the supply of the army, or intercept convoys or correspondence; or In any other way, the operations of the national forces or facilitate those of the enemy;
XVIII.- falsely transmitted to the front of the enemy, orders, notices or communications relating to the war service or the navy and aviation special, or stop transmitting them with whole accuracy, in order to promote the interests or purposes of that;
XIX.- serve as a guide or driver for a company of war, or pilot, practical or otherwise in a naval or aviation, against the troops of the Republic, or its warships or corsairs or aircraft, or being a guide or driver of such troops, intentionally misusing them, or changing their course to national ships or aircraft, or for any means of loss;
XX.- release prisoners of war or otherwise protect their escape to the front of the enemy, in combat or during withdrawal;
XXI.- be complicit or concealer of the enemy's spies or explorers, and
XXII.- agree with the government or subject of a foreign power, to cause any damage or harm to the homeland.
Article 204.- In the case of the XX fraction of the previous article, the penalty of nine years imprisonment will be imposed, provided that between the processed and the a prisoner to whom he or she has been released or whose evasion has been favoured, there are personal circumstances of parentage by consanguinity in a straight line without limitation of degree, and in the collateral up to the fourth degree or by affinity to the second, including, or other equally atendibles to the courts.
Article 205.- It will be punishable by five years imprisonment for those who conspire to commit the crime of treason.
There is conspiracy whenever two or more people resolve to commit the crime by agreeing on the means of carrying out their determination.
Article 206.- To whom you enter in the squares, forts, military posts or among the troops operating on the campaign, in order to obtain useful information to the And communicate it to him, he will be sentenced to thirty to sixty years in prison.
Article 207.- The spy who has achieved his object has been incorporated into his army and is later apprehended, will not be punished for his previous crime of espionage, but He will be considered a prisoner of war.
Crimes against the right of people
Article 208.- It will be imposed for thirty to sixty years of imprisonment, to which without justification:
I.- Execute acts of hostility against forces, ships, aircraft, persons or goods of a foreign nation, if by its attitude a declaration of war is over. produced violence or retaliation;
II.- violation of truce, armistice, capitulation or other agreement with the enemy, if by his conduct the hostilities will resume.
In the cases foreseen in the previous fractions, if there is no declaration of war or resumption of hostilities, the penalty will be eight years in prison, and
III.- prolong hostilities or a blockade after receiving the official peace notice.
Article 209.- It will be punished with the penalty of twelve years of imprisonment, which, without extreme demand of the operations of the war, fires buildings, devastates semi-whole, plundering villages or caserios, attack hospitals, ambulances or care homes made known by established signs, or whose character can be distinguished in any way, or destroy libraries, museums, archives, aqueducts or remarkable works of art; as well as communication paths.
The supporters will be sentenced to thirty to sixty years in prison.
Article 210.- to sixty years of imprisonment will be imposed, every commander of the ship who is using his position in the Navy, will take over during the war, of a ship belonging to an allied, friendly or neutral nation; or in time of peace, of any other without justification for it, or demand by threat or force, rescue or contribution to any of those vessels or exercise any other act of piracy.
Article 211.- Not to be considered as an act of piracy, the use of the right of maritime prey that they can do, offshore or in territorial waters of Mexico, the vessels National war or with a corso patent, capturing the enemy its merchant ships, taking prisoner to the crew and confiscating the ship and the goods on board to be awarded according to the sentence handed down by the courts of prey.
Article 212.-The -year prison sentence will be imposed, the commander of a ship armed in corso at the service of Mexico, who will make sea dams after having died. the period of the patent or that I shall violate any other of the conditions of the patent.
Article 213.-The of ten years imprisonment, to the members of the crew of a Mexican warship, or armed in corso under the national flag, to be used shall be imposed. their vessel and elements to commit violence and theft on the coasts or on other vessels.
If by boarding a vessel they commit unnecessarily homicides, serious injuries or other violence, or leave the people without means of being saved, they will be imposed Thirty to sixty years of imprisonment.
Article 214.- The penalty of one year's imprisonment will be imposed, which will offend an enemy's parliamentarian. If the offence is of work, it will be punished according to the damage it causes, thus being aggravated by the quality of the offence.
Article 215.- It will be punishable by five years in prison that without being authorized requires payment of any war contribution, or personal services; make requisition of food, or transport elements, take hostages, or execute any other kind of abuse in the civilian population of enemy country.
Violation of neutrality or diplomatic immunity
Article 216.- He will be punished with five years in prison:
I.- The one who without being authorized to recruit troops in the Republic or to tripus and me ships in corso for the service of a foreign power, whatever object is propose or to the nation that you attempt to harass;
II.- the commander of a ship and the pilot of an aircraft, which during a war in which Mexico does not intervene, transport war contraband for any of the belligerents; as well as the one who will execute any act not specified in this chapter, which compromises the neutrality of the country or infringes the provisions published by the government to maintain it, and
III.- the one that combats or pursues enemy ships or aircraft in the territorial waters or in the airspace of a neutral power, even if it has knowledge that such ships or aircraft to be smuggled from war, in the event of an international conflict involving Mexico.
Article 217.- He who will violate the personal or real immunity of some diplomat will be punished with the penalty of three years in prison.
Crimes against the nation's internal security
Article 218.-The of military rebellion is committed, when elements of the army against the government of the Republic are raised in arms, to:
I.- Abolish or Reform the Federal Constitution;
II.- prevent the election of the Supreme Powers of the Federation, their integration, or the free exercise of their functions, or usurp them;
III.- to separate from his office the President of the Republic, the Secretaries of State, magistrates of the Supreme Court or Attorney General of the Republic, and
IV.- abolish or reform the Political Constitution of one of the States of the Federation, the institutions that emanate from it, prevent the integration of these or the election (a) to obtain the separation of the governor, members of the High Court or the Attorney General; all this, when the Powers of the Union are intervening in the manner prescribed by Article 122 of the Federal Constitution; They do not stop, without resistance, weapons.
Article 219.- to sixty years in prison will be imposed:
I.- To which you promote or direct a rebellion;
II.- to whom he exercises command in a region or square that adheres to the rebellion;
III.- to which a corporation is sent to use its forces to rebel; and to the head of a dependency that uses the elements at its disposal for the same object, and
IV.- to the officer who uses the forces of his command, to rebel or to join the rebellion when he is not in immediate connection with the corporation to which he belongs.
The sentence will be six years in prison when the persons referred to by the four previous factions surrender with all their elements before any armed action is taken. with government forces of the Republic.
The sergeants, cabs, and soldiers who surrender with their war-hacks will not suffer any punishment.
Article 220.- It will be punishable by eight years in prison for officers who are out of the cases provided for in the above article to join or participate in some form. in rebellion; and those who do not employ all the means at their disposal to prevent the rebellion of their forces.
The sergeants will suffer half of the sentence, a quarter of them and the soldiers a year in prison.
Article 221.- It will be punishable by six years in prison, to those who are aware that it is a matter of committing the crime of rebellion do not denounce it to the authority that corresponds. Where the complaint is made in a timely manner to prevent the execution of the offence, no punishment shall be imposed.
Article 222.- The rebels shall not be responsible for the deaths or injuries inferred in the act of a combat, nor for the damage that they cause to property during the event; but any homicide, injury or damage to the property, which is caused outside the fight, shall be responsible, both the one who orders them and those who immediately execute them, applying the penalties corresponding to the rules of accumulation.
Article 223.-The -year prison will be punished with those who are conspiring to commit the crime of rebellion.
Article 224.- Cometen the crime of sedition, which, gathered together, in a number of ten or more, resist an authority or attack it with any of the objects following:
I.- To prevent the enactment or execution of a law or the celebration of a popular election other than those mentioned in Article 218 (II);
II.- to prevent the free exercise of its functions, or the fulfillment of a judicial or administrative providence.
Article 225.- Sedition will be punished when no harm will be caused to people or property:
I.- With four years in prison for the principals or directors;
II.- with two years to the others if they are official, and
III.- with six months to the troop.
In the event that damage is caused, the appropriate penalty will be imposed, according to the rules of accumulation.
Article 226.- When the seditious is dissolved or submitted to the legitimate authority before the intimation, as a result of it, or the presence of the public force, it does not It will impose penalty on the executors; but the inductors, the supporters and the heads of the sedition will be given the penalty of one year of imprisonment.
Article 227.- It will be punishable by six months imprisonment for those who conspire to commit the offence of sedition.
Crimes against the existence and security of the army
Article 228.- It will be punishable by three years in prison all that fraudulently and in order to obtain some benefit for himself or for another, or to cause some injury:
I.- Put a fake signature or rubric, even if they are imaginary, or alter a true one, in some military document;
II.- improperly take advantage of a blank, non-signature signature or rubric, extending any issue, patent, payment order or any other document relating to the position or services military, yours or otherwise;
III.- alter the text of some true military document after it is concluded and signed, varying in the names, jobs or grades, dates, quantities, or any other circumstance or substantial point, either by adding, amending or deleting, in whole or in part, one or more words or by varying the score;
IV.- issue or extend certified evidence or certified copy of military documents that do not exist, or of existing ones that lack the legal requirements, assuming falsely that have them or by adding or deleting in the copy, something that amounts to a substantial variation, and
V.- is attributed or attributed to the person whose name extends the document, a name or an investiture, quality or circumstance that it does not have and is necessary for the validity of the act.
Article 229.- The penalty mentioned in the previous article, shall be applied whenever the person who has infringed that precept, shall not make use of the false or falsified document, If it does, the penalty will be four years in prison; and if the use of this document makes another crime, the rules of accumulation will be observed.
Article 230.- The term of three years of imprisonment shall also be imposed on the official or employee in the war jurisdiction who, knowingly, consignes or makes consignations, in the investigations or in the processes, false facts, or alter the text of the actions.
Article 231.- The falsification of stamps, stamps or military markings used in correspondence, books, minutes or official documents intended to mark the weapons, equipment, costumes or other objects belonging to the army, will be punished with the penalty of four years in prison. The same penalty shall apply to those who knowingly make use of such stamps, stamps or marks.
Article 232.- The one that has provided the marks, stamps or true stamps, intended for the uses indicated in the previous article, uses them in a fraudulent manner in The detriment of the nation and to its own or foreign benefit, or to the detriment of another, will be punished with the penalty of six years in prison.
Article 233.- He who knowingly makes use of weights or false measures, to deliver or receive the objects he has in charge, will suffer the penalty of four years in prison.
Article 234.- The one who falsifies or adulterates, or makes falsifying or adulterating the food, fodder, liquids, medicines or other substances entrusted to his or her guard, or that By knowing their falsification or adulteration they distribute them or distribute to the troops, horses, cattle of draught or acemilas, will be punished with the penalty of five years of imprisonment.
Article 235.- If the crime of which the previous article speaks, it shall be perpetrated by another who is not the guardian or in charge of the effects to which this precept refers, the penalty It will be three years in prison.
Article 236.- To those responsible for the crimes expressed in the five preceding articles, to whom the removal should be imposed as a consequence of the penalty If they are not entitled to the right of freedom, they shall be entitled to another time equal to that which is to last the custodial sentence.
Article 237.- The one that intentionally alters, changes, destroys, or modifies the logbooks, navigation, or deviation of the compas or stopwatches or books of (i) the term 'office', scientific studies or navigation, or which of a false course, or observations of a situation other than true, shall be punishable by eight months in prison, if no harm is caused. If this is the case, the sentence will be three years in prison, and if the vessel is lost, it will impose a penalty of thirty to sixty years in prison.
Article 238.- The one that alters or changes the planes or models of some shipbuilding, or the construction itself, destined for the service of the Navy, will suffer the penalty of a year of prison, and if for this cause any damage will arise, the penalty will be six years.
Fraud, embezzlement, and holding of assets
Article 239.- It will be punishable by three years in prison:
I.- The one that in the Journal lists or any other military document makes an amount of men, animals, haber, jornals or forages appear greater than it is precisely figure, or any individual who does not actually exist or who does not provide service;
II.- The person who, in the exercise of his or her duties or with an interest, favors a contractor or supplier in the respective contract, present accounts or relations inaccurate about the costs of the service, nature, quantity or quality of the work, manpower or provisions intended for military use; make purchases of the latter at a higher price than that of the square, or conclude other onerous contracts; timely to the Secretariat of National Defense or Navy, as appropriate, of the funds held by them by the economies of fodder or common expenditure; sign or authorize order, release or any other payment or credit document extended by those who are in their orders and which differs in quantity of which the liquidation or corresponding adjustment is made; order or make unnecessary consumption of food, ammunition, equipment, fuels or other effects intended for the service; change the coins or values which it has received without authorization, by other than or in any other way not specified in this or any of the other provisions contained in this Chapter, which are of undue profit, to the detriment of the interests of the army or of the individuals belonging to it, thereby making use of the deception or taking advantage of the error of another person.
Article 240.- The head of the corporation or some other dependency of the army, the retailer, the company command, squadron or battery, and in the Navy the officers of the position or brigade in which the offence entered in the first part of the preceding article is committed, if they are not to be punished in accordance with that provision, shall be the reason for their omission in the supervision entrusted to them, with the penalty of four months of suspension of employment.
Article 241.- The purpose of malviewing money, securities or any other effects belonging to the Army or the personnel that make up it, which it has received by virtue of its employment or their fixed or accidental commission, shall be punished:
I. With eight-month prison if the value of the subtracted does not exceed twenty minimum wages;
II. With two-year imprisonment, if the value of the subtracted is passed from twenty minimum wages and shall not exceed two hundred, and
III. When exceeding two hundred minimum wages, the penalty of the previous fraction shall be imposed, increased by one month for every twenty minimum wages or fraction, but without exceeding twelve years of imprisonment.
In the cases of the previous fractions, in addition to the custodial sentences, the removal of employment with disablement of ten years will be imposed for the service.
Article 242.- The penalties mentioned in the previous article will be doubled when the offender abscond to subtract the punishment.
Article 243.- The penalties provided for in Article 241 shall be reduced, if what has been withdrawn has been returned before three days, counted since it was discovered the crime in the corporation or dependency:
I. Two months in prison if the value of the subtracted is not exceeded by twenty minimum wages;
II. For four months in prison, if that value exceeds twenty minimum wages and shall not pass from two hundred, and
III. For one year in prison in other cases, increasing fifteen days for every twenty minimum wages or fraction of excess, over two hundred, but without the penalty being able to exceed eight years in prison.
If the return is effected after three days, and before the final judgment is given, the applicable penalty shall consist of the minimum of the custodial sentence in accordance with the provisions of Article 241 and the removal of the same precept.
Article 244.- In cases of misappropriation of funds or effects, in addition to the corresponding custodial penalty, the removal of employment shall be imposed, with disqualification to perform any other in the army for five years.
Article 245.- He who unduly retakes the assets, rations or garments that he or she is obliged to deliver or distribute by reason of his or her duties shall be punished:
I.- If that hold is to be made for its own or other purposes, as prevented by item 241 and according to the value of the subtracted objects, and
II.- if such a hold is made without taking advantage of, for itself or for others, the holding, rations or garments, with half of the corresponding penalty, in accordance with the established rules in the same precept.
Extravel, alienation, theft, and destruction of the part of the army
Article 246.- To the individuals of troops who are engaged or engaged in clothing or equipment for personal use, they will be sentenced to three months ' imprisonment at the barracks, without injury to the service. The same individuals who are engaged in or engaged in horses, acemila, arms, ammunition or other military objects destined for the service, will suffer in the terms expressed, five months of prison in time of peace, and eleven, in campaign. All who, without being understood in any of the cases provided for in Article 241, shall dispose of military objects or effects intended for the use of the army under their immediate supervision and whose disposal has not been authorized, shall be punishable by two years ' imprisonment, and that of dismissal of employment, provided that it may be applicable to it and whether or not it proceeds as a result of the foregoing.
To those who, for their own benefit or others, buy, hide or receive in garment any of the objects to which this article contracts, they will be punished in the same way as the established in him about those who engage or engage in such objects.
Article 247.- They will be punished with three months ' imprisonment without prejudice to the service:
I.- The individuals of troops who have lost in time of peace the horse, arms, ammunition or other objects that have been delivered to them for the service, except the garments of personal use. It will double the penalty, and
II.- Soldiers or classes that extract military objects or effects intended for the use of the army, which they have under their immediate supervision, provided that they are not to be punished administratively and without prejudice to the discount of the value of the misplaced objects.
The officers in the case of part II of this article, in addition to the custodial sentence, will suffer the suspension of employment or commission, for the term Six months.
Article 248.- When you stray the flag or banner of a corporation in a barracks or in march, you will be punished, in peace time, with eight months in prison, and in campaign, with two years.
Article 249.- To which you commit the offence of theft of values or effects belonging to the army, you will be punished:
I.- With four months in prison if the value of the stolen is not exceeding fifty pesos;
II.- with six months in prison if the value of the stolen is fifty pesos without exceeding one hundred;
III.- with one year and six months in prison, if the value of the stolen will be 100 pesos without exceeding a thousand;
IV.- with a month of increase to the penalty indicated in the previous fraction, per hundred pesos or fraction exceeding a thousand pesos, and
V.- with a year of increase to the penalties set by the fractions preceding:
a).- If the offense is committed in a closed or building that is inhabited or intended for room, and
b).- if the offender is a worker and the crime is committed in the workshop where the offender provides his services.
Article 250.- The one that, maliciously and outside the cases provided for in Article 203, fraction XVII and 363, destroys or devastates by other means other than the fire or the explosion of a mine, buildings, factories, warships, aircraft or other military constructions, warehouses, workshops or arsenals or marine establishments, will be punished with the penalty of seven years in prison.
The same penalty will have the maliciously communicating the sea water with the powder, ammunition or food panols, if for this reason the effects will be used.
Article 251.- If the means used for destruction or devastation, was the fire or explosion of a mine, and for this purpose the use of the Armed force, thirty to sixty years of imprisonment will be imposed. If no armed force has been used, the sentence will be eleven years in prison.
Article 252.- To which, by means of a barrel or an opening of one or more valves, maliciously produces the total loss of a vessel, it shall be given a penalty of thirty to sixty years in prison.
Article 253.- The one that, with intentional intent, destroys or causes to destroy in front of the enemy, objects necessary for the defense or the attack, or for the navigation or manoeuvres of a ship, all or part of the war material, aircraft, weapons, ammunition, supplies or camp or ship service, shall be imposed for thirty to sixty years in prison.
If the offence to which this article is contracted has not been perpetrated against the enemy nor is it understood in the 17th section of Article 203, the penalty shall be eight years. prison.
Article 254.- The same penalty of eight years ' imprisonment shall be imposed on all who wilfully or deliberately destroy, burn or inuse the books, nautical letters, drawings, minutes, (a) scientific instruments belonging to the army.
Desertion and input
Article 255.- The desertion of the individuals of troops who are not in service, shall be understood, in the absence of any other fact that demonstrates:
I.- When the administrative journal is missing for no legitimate reason and are not presented to justify, within 24 hours of the following;
II.- when it will fail without undue impediment for three consecutive days to the target and challenge lists of the forces to which they belong or to the dependencies of which they form part;
III.- when dealing with seamen, they shall be grounded at the departure of the vessel to which they belong, provided that they have adequate knowledge of it, or are missing for three days consecutive on board the ship, and
IV.- when they are separated without permission from the superior that has the power to grant it, a night of the camp or garrison in which they are found, or separated in time of peace, to more than Twenty kilometers away from the camp, forty from the garrison, or fifteen from the port where the boat belongs; and on the bell, at any distance from the square, ship or military point.
Article 256.- The deserters included in the above article will be punished in peace time:
I.- With the penalty of two months ' imprisonment in a barracks or ship, without prejudice to the service, if it is submitted voluntarily within eight days, counted from the time it is have made their illegal separation from military service;
II.- with that of three months in prison in a barracks or ship, without prejudice to the service, if such presentation is made after the period specified in the previous fraction, and
III.- with that of six months in prison in a barracks or ship, without prejudice to the service, and intended for the police or military works, if they are apprehended.
Article 257.- The individuals of troops who should be sentenced at the same time for several of the crimes referred to in the previous article or by one of them only when the have already been by another of the same kind, in irrevocable judgment pronounced before, they will be punished:
I.- With the penalty of four months ' imprisonment in a barracks or ship, without prejudice to the service, if it is voluntarily filed within the eight-day term counted from that time in which they have made their illegal separation from military service;
II.- with that of six months in prison in a barracks or ship, without prejudice to the service, if such presentation is made after the aforementioned period, and
III.- with that of eight months in prison in a barracks or ship, without prejudice to the service, and destined for the police or military works, if they are apprehended.
Article 258.- To sergeants and cabs to whom pursuant to the provisions of the two articles which antecedent must impose the prison sentence for having been apprehended, be removed from their respective posts; in other cases to which the same precepts refer, in addition to the corresponding prison term, they will suffer the suspension of employment for another time equal to that of that, and the service to which during and another must be assigned, they will lend it in the capacity of soldiers and whenever it is possible in accordance with the provisions of Article 135, in a different body or dependence of those who are a party.
Article 259.- They will be punished with the penalty of one month's imprisonment only, the soldiers who, having defected in the cases of Article 256, justify for their defense, that not they were read to them when they sat square, and at least once a month, the penal provisions relating to desertion, or who committed the offence for not having been assisted in the corresponding pre, ranch, ration or dressing room; any other condition of his/her commitment to the service, provided the lack of In the case of the case-law of the Court of Justice of the European Parliament, the Court of Justice has held that the Court of Justice has held that the Court of Justice has held that the Court of Justice has held a carried out by three or more assembled individuals.
Article 260.- Individuals of troops who will defect by making their illegal separation from military service in peacetime, and when they are performing acts of their own service and other than those specified in the following article, shall be punishable by two years imprisonment, if the service in question is weapons, and with that of one year if it is economic of the barracks or ship, or any other than that arms. The sergeants and cabs will suffer, moreover, in all these cases, the dismissal of employment.
Article 261.- The individuals of troops who will desert in time of peace, and in any of the cases or with any of the circumstances that are especially foreseen at once, will be Punished:
I.- The one who dumps the escort of prisoners, detainees or prisoners or anyone else not specified in this article, with the penalty of three years in prison;
II.- the one that is being left on guard, or the escort of ammunition, or taking the horse, mule or mount, or the sailor who dumps a boat or using it exclusively for that object, with the four-year object;
III.- the one who dumps the rifle, carbine, pistol or saber, or in the case of the sailors, any other weapon or object, which has been received for use in the service of at sea and with the obligation to return it, with that of five years;
IV.- the one that dets from sentinel, with the six-year-old;
V.- the one that dets you by scaling or by hanging the walls or tapias of the military headquarters or post or occupied militarily or leaving on board by any means other than the authorised for landing, with the three-year landing, and
VI.- the one that dumps you being in a strong strength or square, with the four-year-old.
To the classes to which any of the penalties mentioned in the previous fractions have to be applied, they shall also be required to be removed from employment, whether or not they proceed as consequence of the deprivation of liberty.
Article 262.- In the cases of the first two fractions of the previous article, if the desertare were performing the functions of the escort or the commander of the guard, will be punished with the penalty of four years in prison or six years, depending on whether it is understood in the I or II of those same fractions.
Article 263.- The soldier who defected by being on call or sentinel, or when he is part of an escort, if he has been appointed to any of those services before If you have served four months of instruction from the day you have sat in your corporation, you will be punished with the minimum of the penalty indicated in the legal provision that, without that circumstance, has been due to you. In the same way it will be punished the sailor who in the same conditions will desert being of military guard or sentinel, or forming part of an escort, or shearing of boats.
Article 264.- When the desertion of the troops will be carried out on the campaign trail, the following rules will be observed:
I.- In the cases referred to in Articles 256, 257 and 263, the penalty laid down in those provisions shall be imposed, with the terms set out in them being doubled for the prison.
The sergeants and cabs will also be removed from their employment.
II.- In the cases provided for in Articles 260, 261 and 262, the custodial sentences, respectively, shall be increased by two years. precepts.
Article 265.- The individuals of troops who, after having defected within the Republic, have gone out of the limits of the Republic, or who will defect out of it, will be punished in accordance with the following provisions:
I.- If the crime is committed in time of peace, the penalty will be four years in prison;
II.- If it is committed on the campaign trail, it will be seven years in prison;
III.- if it is committed in a time of peace, but with the one that perpetrate it, the horse, mule or mount, or the rifle, carbine, pistol or saber, or boat or other object destined for the Navy service, the penalty will be eight years in prison, and
IV.- If it is committed on the campaign trail, taking the culprit somewhat of what was expressed in the previous fraction will be that of ten years in prison.
Article 266.- The individual of classes or marineria who during the activities that were caused by a shipwreck or dangerous event for the vessel will be absent for two days without permission of the superior will be punished as a deserter in campaign even if the fact has place in time of peace. If the offence is committed, it will be considered as a deserter against the enemy.
Article 267.- Officers who defected in peace time and in any of the cases listed in this article will be punished:
I.- The one that is discharged by any commission other than those specified in the subsequent fractions, if the service in question is weapons, with the penalty of three years ' imprisonment, with that of one year and six months, if that is economic of the barracks or ship or any other than of arms; and in both cases, with that of removal, whether or not it comes as a consequence of the foregoing;
II.- the one who dumps the escort of prisoners, detainees or prisoners or anyone else not specified in this article, with that of five years in prison or with that of four, according to that the commander of the escort is to be defected;
III.- The one who defected while on call, or the escort of ammunition, with the eight-year prison, or six, according to which the desertare is or not the commander of the guard or escort, and
IV.- He who without being in service of weapons will defect abroad, with that of seven years of imprisonment; if he is performing that service, with the nine-year-old, and if is the commander of a point, force or vessel, with that of eleven.
Article 268.- In the cases of the preceding article and in those referred to in Article 270 (I) and (II), if the defection has been carried out in Campaign shall increase in two years the custodial sentences specified in those precepts.
Article 269.- They will also be considered as deserters, officers:
I.- That on the pretext of illness or other illegitimate motive remain in the populations, without the corresponding permission, when they leave the forces to which they belong;
II.- that without the corresponding order or justified reason, do not reach the point of your destination with due opportunity, or return after a march;
III.- that without fair cause deviates from the waste that has been pointed out to them as indispensable in their passport;
IV.- that they are separated by a night from the camp or the garrison where they are without the permission of the superior in whom the power to grant it resides;
V.- that are separated more than forty kilometers away from their camp or more than eighty from their garrison, or more than thirty from the port where the ship is located. belong to, at peace time, and at any distance from the square, vessel or military point, on the campaign trail, without a license from the superior;
VI.- missing the service three consecutive days, without legitimate reason, or separating for forty-eight hours from the ship to which they belong without that motive or permission of the higher;
VII.- missing the act of the administration journal without legitimate cause and are not presented to be justified within twenty-four hours;
VIII.- that having received any amount for the march, do not undertake these to their destination, after three days of issuing the passport, or in the term that they have been given indicated, without legal impediment or without order or permission from the appropriate authority;
IX.- Having temporary license no longer be present when they have been called before the deadline for which they have been granted, or without cause justified, where that period has expired, and
X.- That enjoying unlimited license would not have been filed after two months of having received the necessary order and resources for it, in case of foreign war.
Article 270.- Those included in the previous article, will be punished:
I.- In the cases of fractions I and II, with one year of imprisonment and dismissal of employment;
II.- in cases of fractions III to VII, with six months in prison, and
III.- in cases of fractions VIII to X, with job removal.
Article 271.- Provided that the penalty provided for in Articles 267, 268 and 270 is to be applied to the dismissal of employment, it shall be fixed in ten years at the end of the disablement to return to the army.
Article 272.- Those who defected in front of the enemy, marching to find him, waiting for him on the defensive, under his persecution or during the retreat, will be imposed Thirty to sixty years of imprisonment.
Article 273.- desertion in acts of service or campaign shall be deemed to be perpetrated, provided that a violent means were employed to carry it out, when the author of the the offence is outside the scope of the arms of its persecutors, or the pursuit of any persecution, and in the absence of the foregoing or any other fact which demonstrates the unlawful separation of the military service, over the course of twenty-four hours, without the individual concerned is present to his or her immediate superior or to the force to which belongs. Desertion in front of the enemy shall be understood to be committed in the act of separating a military, unduly, from the ranks, or a seafarer, from the ship or force to which it belongs.
Article 274.- Whenever three or more individuals meeting at the same time commit any of the crimes entered in this chapter, it will be observed express:
I. To whom in the case of having committed the offence in isolation, should have been applied for thirty to sixty years of imprisonment, shall be imposed on them;
II.- to which in the same case, due to the imposition of a custodial sentence, alone or to another of different species, the maximum of that increased in a quarter of its duration, and the other part of its duration, and the other part of its duration, and
III. To which the meeting or group has headed, if any individual of the troops is punished with the penalty of thirteen years of imprisonment, provided that the In the case of part I, it should not be imposed for thirty to sixty years in prison; but if it is official or the offence has been committed, it shall be applied in any case.
Article 275.- What, by legitimate causes, have been dispersed from the body of troops or ships to which they belong, shall be punished as deserters, according to the circumstances that they have In their separation, if as soon as possible, they will not be presented to their own body of troops or ships or to other national forces or warships or to the nearest military, maritime or consular authority.
The same rules will be observed regarding the military that having fallen prisoners of war, do not present themselves in a timely manner to the one who corresponds after regaining their freedom.
The member of the reserves of the Army or the National Guard will be sentenced to one month in prison, who, without undue impediment, will not be present at the place designated by him. appeal, within the relevant time limit.
Commits the offence of insuffision to the conscript which, by virtue of the lot, corresponds to the active service, does not present itself to the respective authority within the period prescribed for being framed in the units of the Army.
The offenders will be handed a one-month jail term. The custodial sentence does not relieve the obligation to provide the service.
CHAPTER IV BIS
Betrayal of the Mexican Armed Forces
Article 275 Bis.- The military officer who joins organized crime will be charged with imprisonment of thirty to sixty years and a low of the Armed Forces.
Article 275 Ter.- It will be punishable by imprisonment of fifteen to sixty years and low of the corresponding Armed Forces, to the military that:
I. Use force, vessel, aircraft, or any other good or human resource under his or her charge or command in favor of any member of the crime organized or criminal association;
II. Provide any member of organized crime or criminal association, protection or facility in the plaza or entrusted to his or her position; as training, training or military expertise;
III. Induce the personnel under your command or the troops you are part of, to provide any service to any member of the crime organized or criminal association, or recruit military personnel for the same purpose;
IV. Provide any member of organized crime or criminal association, information to which you have access on the occasion of the exercise of your office or commission;
V. Incompliance with your obligations, with respect to the troops in your office, to act against any member of organized crime or criminal association;
VI. hinder the actions of the armed forces or competent authority, against any member of organized crime or criminal association;
VII. Do not execute an order of the service or modify it of its own authority, in both cases, to favor any member of organized crime or Criminal association;
VIII. False or alter a document or instrument containing information relating to the operations of the Armed Forces or competent authority against any member of organised crime or criminal association, or in the knowledge that they are forged or altered documents or instruments, make use of them;
IX. Provide your superiors with information other than the one you know about the activities you are developing in the Armed Forces against any member of organised crime or criminal association, or omit to provide the data it has on those activities, as well as the projects or movements of such activities;
X. Drive or guide the activities of any member of organized crime or criminal association, and
XI. Free any member of organized crime or criminal association, or protect or facilitate your escape.
The penalties provided for in this Chapter shall be imposed in addition to those corresponding to the offences committed by the activities of the individual or organisation the criminal case in question.
For the purposes of this chapter, it will be understood by Mexican Armed Forces, the armed institutions of the Union, namely: Army, Navy and Air Force.
For the purposes of this Chapter, the term "organised crime" shall mean that provided for in Article 2. of the Federal Law against Organized Crime and by criminal association, as provided for in Article 164 of the Federal Criminal Code.
Voluntary Inuse for Service
Article 276.- The person who is injured or otherwise is voluntarily unused, by himself or by another, for military service, shall be punished with the penalties of a year and six months in prison and dismissal of employment.
The same penalties will be imposed at the request of the other, using the indicated object.
Article 277.-The of eight months in prison will be imposed, to those who are worth of funds or fraudulent means that make it impossible for them to comply with some military obligation.
Insults, threats or violence against sentinels, guards, trained troops, safeguards, flag and army
Article 278.- The one that offends or threatens a sentinel, a member of a guard, a watchman, servicer, guardian or safeguard, and the one who destroys it if it is written, shall be punishable by a year's imprisonment.
Article 279.- He who commits violence against any of the individuals mentioned in the above article will be punished:
I. With a penalty of thirty to sixty years in prison if I make use of weapons, and
II.- with the penalty of five years in prison, if the violence were committed without the use of weapons.
Article 280.- The one who injures, disposes or slander the army or institutions that he or she depends on, weapons, bodies, guards or troops formed, will be punished with one year in prison.
A six-month prison sentence will be imposed, which will be the national flag.
Ulsuits and violences against the police
Article 281.- The one who injures or outrages a member of the police who is in office, will be punished with nine months in prison; and if he disobeys or resists the order that he has intimated to him in the use of his faculties or he exercises violence against him, the penalty will be of one year and six months of imprisonment.
Article 282.- The one that dolously causes a false alarm, or that in march or in camp, garrison, barracks or army dependency causes a confusion or disorder in the troop or in the formations of the vessels, or aircraft, in the envelopes or in the population where the forces are, shall be punished:
I.- With six months of peace time in prison;
II.- with one year in prison being on the campaign trail, and
III. With a penalty of thirty to sixty years in prison, if in front of the enemy, damage was caused to the troops, vessels or aircraft.
Crimes against hierarchy and authority
Article 283.- Comet the offense of insubordination of the military that with words, ademans, signs, gestures or in any other way, disrespect or subjection due to a superior to carry your badges or to whom you know or need to know.
Insubordination can be committed within or outside the service.
Article 284.- The insubordination is understood to be committed in the service:
I.- When the bottom and top or only one of them is in service, and
II.- when the offense takes place, for the purpose of acts of the service, even if the lower and the upper are found, at the time of the service.
Article 285.- Insubordination in service, will be punished:
I.- With the penalty of one year six months in prison if it is done by means of words or ademans, in writing or in any other way that does not constitute a way of fact;
II.- with the penalty of three years imprisonment if the offence consisted of any threat;
III.- with five years in prison when the tracks are in fact, but without causing injury;
IV.- with six years in prison if I cause one or more injuries which by their ordinary nature do not take longer to cure more than fifteen days;
V.- with seven years in prison when the disease passes from fifteen days and is temporary;
VI.- with eight years of imprisonment when the person is offended by a scar on the face perpetually noticeable, or the ability to hear is diminished, the sight is weakened forever, or a hand, a hand, is hindered or weakened permanently. foot, an arm or a leg or any other organ, the use of the word or any of the mental faculties;
VII.- with nine years' imprisonment, where it is a likely incurable disease, complete inuse or loss of an eye or hearing, of an arm, of a hand, of a leg, of a foot, or of any other organ, or when the individual is left with a perpetually noticeable deformity in visible part.
If the deformity is in the face, this circumstance will be aggravated;
VIII.- with ten years in prison when permanent incapacity to work, mental alienation, loss of sight, or speech, or sexual functions, and
IX. With a penalty of thirty to sixty years in prison when the death of the superior will be caused.
When the injuries have endangered the life of the offended, two years shall be added to the prison sentences fixed in fractions IV to VIII.
Article 286.- Insubordination outside the service, when committed in any of the ways provided in the above articles, will be punished with the half of the penalties that are established in them, but if the insubordination causes the death of the superior, it will be imposed for thirty to sixty years of imprisonment.
Article 287.- If the offence of insubordination referred to in Article 285 (I) to (VIII) is perpetrated when the person committing the offence is on the arms, or In front of the flag, or of the troops formed, or during the fight with arms, the term of the penalty will be increased by a third, which according to those same provisions has to correspond.
Article 288.- When the child has been excited or forced to make a sudden commit of the crimes provided for in this chapter, by some act of the superior contrary to the legal requirements or where the latter has exceeded the use of its powers, it shall be applied to the minimum half of the penalty.
Article 289.- If in the cases of the foregoing article, the acts of the superior constitute a maltreatment or a degrading treatment for the child, the terms established in the same precept for the penalty to be imposed, they will be in turn reduced by half.
Article 290.- The one that by violence or threat will attempt to prevent the execution of an order of the service given by a superior or to force it to execute or to execute it or to refrain from giving it, will be punished with ten years ' imprisonment.
If the crime in this article is committed to weapons or in front of the flag or troop formed or during combat with weapons, Thirty to sixty years of imprisonment will be imposed.
Article 291.- If in the order in which compliance is to be prevented, the provisions contained in Articles 288 and 289 shall be present in any of the circumstances specified in Articles 288 and 289. in those provisions, they shall also apply to the cases covered by the foregoing Article.
Article 292.- When the insubordination consists of paths of fact or are understood in Article 290, if it is committed to attack the enemy, in front of him, waiting on the defensive, under his or her persecution or during the withdrawal, it shall be applied to thirty to sixty years of imprisonment without regard to the provisions of Articles 119 fraction III, 288 and 289.
Abuse of authority
Article 293.- Comet the offense of abuse of authority, the military that treats an inferior in a way contrary to the legal prescriptions.
This offense can be committed on and off the service.
Article 294.- The superior who will give orders of personal interest to a child, shall be prevented without justification from the execution of the orders he has given in use of his faculties, to prevent him from any way of fulfilling his duties, to require him of acts that are not related to the service or that in any way he will do to him to contract obligations that are to the detriment of the performance of his duties, will be punished with the sentence of four months in prison.
Article 295.- The superior that prevents one or several children from formulating, withdrawing or pursuing their complaints or claims, threatening or using other illicit means, or To make a complaint, petition, complaint or any military document disappear, or refuse to give them a course or to provide in them, or to issue to an individual of the troops, the certification of compliance having the duty to do so, will be punished with the Three months of suspension of employment.
Article 296.- Al who overtakes the right to impose correctional punishments, applying those who are not permitted by law or making it suffer for those who are, In the case of an innocent person, or exceeding those who are in the same law in an express manner in respect of the absence in question, the sentence of six months imprisonment shall be imposed if the offence is not injured.
Article 297.- The one who insults a child or procurates for a demeaning action or a legal infringement, will suffer the sentence of six months in prison. If the offence is carried out, the offence resulting from it shall be punishable.
Article 298.- The one who infers blows or otherwise mistreats the work to a child without injury, will be punished with the penalty of one year in prison.
He who will send blows to a child or who will unnecessarily send any other maltreatment of work against him, will be punished with the penalty of two years in prison, if the offended not I will be injured.
Article 299.- The one who infers an injury to a child will be punished:
I.- With one year of imprisonment if any of the provisions of Article 285 (IV);
II.- with two years' imprisonment, if any of those classified in the V fraction;
III.- with four years of imprisonment, if any of those mentioned in fraction VI;
IV.- with six years and six months in prison, if it is treated from those cited by the fraction VII;
V.- with eight years of imprisonment, if any of those expressed in fraction VIII;
VI.- with ten years and six months in prison, if simple homicide, and
VII. With a penalty of thirty to sixty years in prison if I result in qualified homicide.
When the injuries have endangered the life of the offended, two years shall be added to the prison sentences fixed in fractions I to V.
Article 300.- The one that unduly makes an armed force assist him in a quarrel or pendency, which for that cause takes greater proportions, will suffer the penalty of two years of without prejudice to the fact that, in accordance with the general rules for the application of penalties, it is imposed on him, by virtue of the other offences which he has committed.
Item 301.- Comet the offense of disobedience that does not execute or respect an order of the superior, modifies it of its own authority, or is extracted when it is executed. The foregoing shall be understood except in the case of the need imposed on the child, in order to proceed as appropriate, for unforeseen circumstances which may constitute a justified danger, to the strength of his or her reliance on or to his orders.
Disobedience can be committed on and off the service.
Article 302.- The offence of disobedience committed outside the service will be punishable by nine months in prison.
Article 303.- Disobedience in service acts shall be punishable by one year of imprisonment, except in the following cases:
I.- When it causes a bad bad to be punished with two years in prison;
II.- when it is committed on the campaign trail, which will be punishable by five years in prison, and if it damages military operations, with ten years in prison, and
III. When confronted with the enemy, marching to find it, waiting for it on the defensive, chasing it or during the withdrawal, it will impose penalty of thirty to sixty years in prison.
Article 304.- Sailors who commit on board the offence of disobedience will be punished:
I.- With one year and six months in prison if the ship is convoys of merchant ships that do not drive troops, weapons, equipment, supplies, or any other element of war;
II.- with two years in prison if serious damage is caused, the ship being in a dangerous situation, or convoys of merchant ships that do not conduct any troops or any of the effects referred to in the preceding fraction;
III.- with four years in prison if the serious damage is caused to the convoys, and with eight years in prison if any or some of these are lost for that reason, and
IV.- with four years of prison time of peace and five years in the campaign, if the disobedience is committed as part of the ship of a squadron, and with that of five years of imprisonment, in The time of peace and ten in the campaign, if of this disobedience will result some damage to the naval operations.
Article 305.- Those in a group of five, at least, or without reaching that number when they form half or more of an isolated force, refuse to obey the orders of a superior, resist or resort to ways to prevent them, they will be punished:
I.- With ten years in prison, the promoters, instigators or ringleaders of the crime and with five years in prison, those who have seconded the previous ones, if the crime is committed in time of peace, and
II. With a sentence of thirty to sixty years in prison, to all the promoters, instigators or ringleaders of the ass, of cabs henceforth, and with twelve years of the soldiers, if the offence is committed on the campaign trail.
Article 306.- The seafarer who in order to perform the crime referred to in the previous article, disengage from a warship or another at the service of the Navy, a boat or Armed boats, armed forces of ships, arsenal, detachment or other maritime establishment, will be punished with five years in prison.
Article 307.- If the mutiny is consummated, in campaign, those who take part in it, return to order, before committing any other crime, will be punished with the penalty of ten years of imprisonment, if they have been the promoters, instigators or ringleaders of the ass; and with five years of imprisonment the other mutineers.
In the time of peace, the penalties identified will be halved.
In both cases, the soldiers who justify having mutinied against their will and who could not leave the ranks will not be punished.
Article 308.- If mutineers return to order after they have committed another offense, the penalty will be imposed following the rules of accumulation.
In this case, the soldiers who justify the ends of the previous article, will be individually responsible for the new crime committed.
Article 309.- The conspiracy to commit the crime of a coup, will be punishable by a year of imprisonment in a time of peace and with three years in prison, in campaign.
Crimes committed to or on the basis of military functions
Article 310.- The offense of commission or post abandonment consists of the separation of the place or point, in which according to legal disposition or by higher order remain, to perform the functions of the received order.
The abandonment of command, consists in abstaining to take the one that by law or order of the superior corresponds or to follow it exercising, or in the delivery of the one to whom it is not legally authorized to receive it.
Article 311.- Officers who commit the crime of peace-time abandonment will be punished:
I.- With the penalty of two years in prison he who leaves a weapons service and with one year in prison if the service is not weapons;
II.- with three years in prison to leave custody or escort of prisoners, detainees or prisoners. The commander of the escort will be sentenced to four years in prison, and
III.- with four years and six months in prison to leave the guard or an ammunition escort. The commander of the guard or escort will be given the penalty of six years in prison.
The penalties identified will be increased by one year in prison if the offence is committed; if the penalty is committed against the enemy it will be thirty to sixty years prison.
Article 312.- Post-abandonment will be punished:
I.- With the penalty of twelve years in prison when the commander of a ship or in charge of a post, defending himself in any of them, abandons or loses him, without having done everything possible to preserve and maintain the honor of the weapons;
II. With a penalty of thirty to sixty years in prison, when the commander of a post or ship, having received absolute order to defend him at all costs, leave or do not make the defense that has been ordered, and
III. With a penalty of thirty to sixty years in prison, when the military officer leaves the position he has appointed to defend him or to observe the enemy.
Article 313.- Individuals of troops who commit the crime of peace-time abandonment will be punished:
I.- With the penalty of two years in prison if you leave custody or escort of prisoners, detainees or prisoners. The commander of the escort will be sentenced to three years in prison;
II.- with three years in prison to leave the guard or the ammunition escort. The commander of the guard or escort will be given the penalty of four years and six months in prison, and
III.- with four years and six months in prison to leave the sentinel position.
The penalties identified will be increased in one year of imprisonment, when the crime is committed in the campaign; if it is carried out in front of the enemy, it will impose penalty of thirty to sixty years of imprisonment.
Article 314. -The individuals of the troops who leave in peace time the commission of the service they are performing, will be punished with the penalty of one year and six months of imprisonment, if the service in question is the one of arms, and with the six months of prison, if any economic of the barracks or of the ship or any other other than that of arms.
Article 315.- The abandonment of command will be sanctioned with one year and six months in prison in time of peace; with six years in prison, in campaign; and with penalty of thirty to Sixty years in prison if the enemy is to be carried out.
Article 316.- The commander of a ship that in case of shipwreck, will leave the ship entrusted to its care without putting before all the means that are within its reach To save him, and without prior care of the boarding and salvation of the other people on board, will suffer the penalty of six years in prison. The second commander who, in similar cases, would be separated from on board without a legitimate order for this or without first filling the requirements required by the Army Ordinance, will be punished with four years in prison.
Article 317.- The minor vessel commander, who at times of combat, shipwreck or fire, dismuses the vessel from undocking, without authorization, will suffer seven years and six months in prison.
Article 318.- The sailor who leaves his ship, without legitimate reason for it or without permission from his superiors, shall be punished:
I.- With two months in prison if the ship is anchored in a port of the Republic or in territorial waters of it;
II.- with three months ' imprisonment, if the ship is anchored in foreign port or in territorial waters of a friendly or neutral power;
III.- with the penalty of one year and six months of imprisonment in the cases of the two previous fractions, if the abandonment is effected in campaign. The ship commander, if the offender is the offender, shall be further charged with the suspension of employment or commission for five years;
IV.- with ten years in prison if the abandonment is done at the enemy's sight;
V.- with six years of imprisonment when the abandonment is committed on occasion of danger to the safety of the ship and in time of peace; in time of war, it will be imposed the penalty of twelve years of imprisonment, and
VI. With a penalty of thirty to sixty years in prison for officers and twelve years in prison for the sailors, if the abandonment is committed when the ship is stranded or harassed by the enemy and his commander willing to save or defend him.
Article 319.- The seafarer in charge of a ship or convoy, who leaves it without a powerful or justified motive, will suffer:
I. From thirty to sixty years of imprisonment, if the escort is a ship of the navy or a convoy or merchant ship that transports troops, military effects, food, fuel, war equipment or state flow rates, and if they are abandoned or destroyed by the enemy, some or all of the vessels;
II.- 10 years in prison if no vessel of the convoys is caught or destroyed by the enemy, or if it does not carry troops or effects of which it expresses the fraction previous;
III.- of eleven years in prison, if for the abandonment result I will be shipwreck, and the loss of all or part of the crew, troops or effects, and
IV.- seven months ' imprisonment and dismissal of employment, in all other cases.
Article 320.- The quarter or timmonel, who leaves the post he is performing, will be sentenced to three months in prison in a time of peace. On the campaign trail, or during storm or storm, he will be punished with one year in prison, if not harm. If I am hurt, the penalty will be five years in prison, and if that consists of the loss of the ship, the penalty will be ten years.
Article 321.- The sailor in charge of the escort of a ship or the driving of a convoy, which may defend it, give it up, surrender or surrender to the enemy Thirty to sixty years of imprisonment will be imposed.
Article 322.- The sailor who is part of the crew of a boat, leaves the boat without the permission of the superior, will be punished with two months ' imprisonment.
Extracitation and usurpation of command or commission
Article 323.- He who improperly assumes or retains a command or commission of the service or exercises functions of the service that does not correspond to him shall be punished:
I.- With the penalty of three years and six months in prison, if there is no serious injury to the service;
II.- with the penalty of seven years in prison if it causes serious injury, and
III. With the penalty of thirty to sixty years in prison if I cause serious harm in the service, this crime is committed against the enemy, in march towards him, waiting for him on the defensive, under his or her pursuit or during the retreat.
Maltreatment of prisoners, detainees or prisoners and injured
Article 324.- Violences against prisoners, detainees, prisoners or injured persons or any member of their family, who were in union or in the presence of them, shall be punished:
I.- With six months in prison when maltreatment is a word;
II.- with the penalty that corresponds to the injury caused, when the mistreatment is of work, being considered an aggravating circumstance the condition of the offended;
III.- with two years in prison, if the abuse does not cause injury, but involves physical and cruel conditions, or deprives the injured, prisoner, prisoner, prisoner, or required food;
IV.- with six years in prison, when the prisoner, detainee or prisoner who abscond or attempts to abscond, is fired, wounding him, without any need whatsoever indispensable to use of that extreme resource. If I turn out the death of the offended will impose the penalty of fifteen years of imprisonment;
V.- with two years in prison when the prisoner is forced to fight against his or her flag, and
VI.- With one year in prison when you strip your clothes or other objects, the injured, prisoner, detainee or prisoner, to appropriate them.
Pillage, devastation, loitering, appropriation of loot, smuggling, looting and violence against people
Article 325.- It will be punishable by five years in prison, which, using its position in the army, or the armed force, or taking advantage of the fear caused by the war, and with the object of an illegitimate appropriation, be made to surrender or take away from the foreign domain, the things belonging to the inhabitants of the place.
Article 326.- The same penalty as stated in the previous article shall apply to that which is valid from any of the means indicated therein, imposes loans or makes forcible requisitions, under the pretext of the public interest, to take advantage of them in their own; and to whom having been commissioned to demand both or one of them, is in any way exceeded in the performance of that commission, taking advantage of the product of that excess. If you don't take advantage of this penalty it will be two months in prison.
Article 327.- The military officer who abuses the powers vested in him to make requisitions, or who refuses to receive the amounts or effects provided, shall be punishable by a year's imprisonment.
Article 328.- If to commit the crimes of which the two previous articles speak, acts of violence will be exercised, the penalty will be the seven years of imprisonment; except for the case of which, in accordance with the general rules on the application of penalties, must be greater than that which infringes this precept, for having imported the violence the commission of another offence.
Article 329.- All that by any of the means expressed in Article 325 shall be committed against the neighbors of the place where it transits, any other vexations specified in this chapter, will suffer the penalty of two years imprisonment, with the exception established in the previous provision.
Article 330.- The one who unnecessarily makes use of weapons against anyone, or who without authorization exercises any other unjustified act of violence against some individual, will be punished with the penalty of one year in prison. If it is caused harm will be the crime that will result, when the penalty that corresponds to this one is greater than the one mentioned in this article.
Article 331.- The one who forces the owners or managers of the house where he is housed, to be ministered, under any pretext, something or service that is not entitled to pretend; that it dolously takes over the existing objects or effects in the house or destroys them or deteriorates, or that maltreatment of word or deed to some individual of the family or the servants will be punished with the penalty of six months of imprisonment.
Article 332.- The sentence of two months ' imprisonment shall be imposed on those who take over a particular accommodation, without written order from the competent authority in time of peace; and campaign, the five-month campaign.
Article 333.- The one outside of the cases to which Articles 325 and 326 are contracted shall be seized without legitimate authorization, from chariots, carts, mules, horses or other means of (a) driving for a particular service, it shall be punishable by six months imprisonment, without prejudice to the fact that if any of the facts of this article were to be involved, in addition, the infringement of another legal precept, the general rules on the application of penalties.
Article 334.- He who, without demanding military operations, and using his own authority or armed force, destroys malicious and malicious food, goods or other objects of foreign ownership, shall be punished with imprisonment of three years.
In case of devastation of farms, plantations, crops, forests or public communication routes, or the looting of villages and hamlets, the penalty will be that of seven years in prison.
Article 335.- The one who is going on a march with a force, without authorization, of objects of particular property, will be punished with the penalties of three years of imprisonment and removal.
Article 336.- The two-year prison and removal sentences will be imposed:
I.- To whom it is improperly seized, from objects belonging to the spoils of war or sea prey, and
II.- to which you do not need pressing open the hatches, break the seals that secure them, or have objects or supplies that belong to the prey, and which you destroy or alter the roles, knowledge, invoices and other documents which are covered by the burden on the dam.
Article 337.- He who is using his or her position or authority or the force that is at his or her orders, aids the introduction of contraband into the Republic, or introduces him by himself. (a), or which is required by the competent authorities or officials to provide the aid of such force in order to prevent the introduction of contraband or to apprehend it, without justified cause, shall be punished with a prison of five years.
Article 337 Bis. The conduct described in Chapters III and IV of this Title will only be considered as crimes against military discipline when committed on the campaign trail. Out of this assumption, conduct that results in crimes of the common or federal order will be judged by ordinary federal courts.
Military duty and decorum crimes
Infraction of duties common to all who are required to serve in the Army
Article 338.- He who discloses a matter that has been entrusted to him as a service, and who by his or her own nature or by special circumstances must have the character of reserved, or in respect of which he is prevented from reservation, or who is in charge of carrying a written order or other communication recommended in particular to his or her surveillance, he misleads them for not having carefully cared for them, or does not give them to the a person to whom they are directed or I shall not attempt to destroy them in any way and any coast when you are in danger of falling prisoner or being surprised, you will be punished:
I.- If committed in time of peace, with the penalty of two years imprisonment; in the case of disclosure of military matters and in the case of loss or failure to deliver an order or communication, with that of three months imprisonment, and
II. If the offence has been committed and for this reason there has been serious damage to the Army, a part of it, to a ship or aircraft, with a penalty of thirty to sixty years in prison.
If there was no serious harm, with that of four years in prison.
Article 339.- Those who deliberate in a group on acts of a superior, in terms that excite disobedience, or disrespect towards him, will be punished:
I.- With one year of peace time in prison;
II.- with two years of imprisonment being on the campaign trail, and
III.- with ten years of imprisonment standing in front of the enemy, or waiting for him on the defensive, marching to find him, under persecution or during the retreat.
Article 340.- The commander of ships or troops who in war operations does not provide the relief to be claimed by any ship of the Navy or force. He will be punished with the sentence of eight years in prison.
Article 341.- The sailor who will cease to render aid, without cause or legitimate motive, to national ships or friends, as well as war as a merchant, who will be in danger, or I shall refuse to give it to the enemy ship, if I request it with a promise of surrender, for being at risk, it shall be punished with the penalty of six years ' imprisonment or the four-year sentence, depending on whether or not the category of officer is held.
Article 342.- Those who raise or reach their superiors, in writing or in word, resources, petitions, complaints, or complaints about matters relating to the service, or to the Military position or personal interest of the appellants, shall be punished:
I.- If you do so on the basis of false data or claims, with the penalty of eleven months in prison;
II.- if they do so in the voice of the body, be it one in representation of others, or two or more assembled, with that of four months in prison, and
III.- if you do so by saving conduits, provided that this is not necessary or permitted by the same law, with sixteen days in prison.
The penalties mentioned in this article will also apply, in their respective cases, to the superior who know the falsehood of the grounds on which a complaint or petition is supported, Hide the truth in giving you a course or when reporting on it, or that you will give course to any of the instances referred to in fractions II and III.
Article 343.- It will be punishable by two years in prison:
I.- He who on any matter of service to his superiors, in writing or in word, report or part contrary to what he knows.
If the false part results in serious damage to the troop or vessel, it will be double the penalty.
It is excluded from this prevention, the case foreseen in the 16th section of the article 203;
II.- The one who questioned by the superior about service matters or points related to it, knowingly conceals the truth;
III.- who issues a certificate or subscribes to any other document in order to check military services, age of them, campaigns or actions of war, scope or other credits and in general facts relating to the service, knowing that it is false what certifies, refers or assures;
IV.- the person concerned who submits such false documents or certificates to the courts or military offices;
V.- the one who in the exercise of his functions, and in order to favor some individual of the Army, certifies with falsehood the existence of evils or diseases, cover or hide these, and
VI.- The one that willfully subtract, hide or destroy files or documents or part of them, corresponding to military offices.
Article 344.- When you know the falsehood of any document, do not disclose it when you give it a course or when you report its content, and to which it certifies facts that do not Even if they are true, they will be sentenced to eleven months in prison.
Article 345.- The officer who on the service or after having received an order relating to him, is inebriated by drunkenness or by any transient disturbance of the mental faculties, voluntarily sought, to perform it, will be punished with the penalty of eleven months imprisonment, and to the cabos and sergeants with three months of imprisonment.
If the failure to comply with your obligations will matter another offense, it will proceed according to the rules of accumulation.
Article 346.- It will be punishable by one year in prison:
I.- No justified cause no longer to be presented at the place or to the appropriate authority, in case of alarm or when the touch of generala is taken, and in the case of seafarers, The zafarrancho of combat with weapons.
If the infringer is official, he will be further imposed, the dismissal of employment, provided that by his omission serious harm has been caused in the service or that the crime is committed in campaign;
II.- The one who does not present himself to carry out the commission of the different service from which, by reason of his position or employment, he is obliged to carry out habitually, within the term which upon being assigned to the said commission has been prescribed to deal with it, and
III.- the one who maintains in any form correspondence with the enemy about foreign affairs to the service and to the operations of war, without knowledge of the superior chief of whom depends.
Article 347.- He who exercises command or service of arms, and required by the competent authority of any order, shall not give the cooperation to which he is obliged, for the administration of justice or other public service, without justified cause, will incur the penalties of eight months imprisonment and one year of suspension of employment or commission.
Article 348.- It will be punishable by six months in prison to enter into a corporation or an Army dependency on an individual, knowing that he is a deserter or that that knowledge has it in one of those without giving the corresponding notice.
Article 349.- It will be punishable by three months in prison that in the act of being filiated hide your name or last name, and take other imaginary or other persons, or that hide the place of your birth, age or marital status.
Article 350.-The of two months ' imprisonment will be imposed on the individuals of the troops who change their corporation without order to do so before they consume desertion and whenever the to be separated from the one to which they belonged would not have committed another offence recorded in this Code.
Article 351.- The one who for service matters or for the purpose of the service shall use the name of a superior without such authorization and without justified cause or extreme need for In that way, he will be punished with the penalty of one year and six months in prison.
Infraction of sentinel, watchful, servient, stop, and timonel duties
Article 352.- The sentinel who is encountered with any transient disturbance of the mental faculties voluntarily sought, will be punished:
I.- With three months of peace time in prison;
II.- with nine months in prison, on campaign, and
III.- with three years and six months in prison, in front of the enemy.
If you are asleep without the disturbance to which it is referred to, you will be given half of the penalties.
Article 353.- The watchman, serviola, butt or timonel of the fourth, who will be found with some transient disturbance of his mental faculties voluntarily sought, will incur the penalty:
I.- Eight months of war in prison; three years in prison if the ship suffers serious breakdowns, and four years and six months in prison, if the loss is caused of the ship, and
II.- six years in prison in front of the enemy; nine years in prison if serious breakdowns occur on the ship, and eleven years and six months in prison if the ship is lost.
If you find yourself asleep without the disturbance mentioned above, you will suffer half of the penalties.
Article 354.- The sentinel, vigilante, serviola or stop who is not in his position with the utmost vigilance or no longer fulfill any of the other duties expressly imposed by the laws or regulations, and whose infringement is not specifically provided for in this Chapter, will be imposed for two months in prison.
Article 355.- The sentinel, vigilante, service or stop that does not notice any news that warns or fails to comply or execute exactly the slogan that has been given to it, or that it is of the case provided for in Article 203 (XI), the disclosure, shall be punished:
I.- With the penalty of six years in prison, if you are in front of the enemy;
II.- with that of four years in prison, if you are on the campaign; but not in front of the enemy, and
III.- with a five-month prison, in other cases of the ordinary service.
Article 356.- The sentinel that is missing from the ordinance, does not enforce his or her person, whoever tries to run over it or does not defend his position against armed troops or group of people, until he repels the aggression or lose his life, he will be sentenced to six months in prison, in the first case, and in the second, penalty of thirty to sixty years of imprisonment.
Article 357.- The sentinel that I will stop marking the stop to a person, or to make him fire if he does not obey, in cases where he should do so according to the Ordinance, he will be punished with the penalty of seven years in prison.
Article 358.- The sentinel, watchman, service or stop, which shall not give timely notice of the proximity of a vessel to the ship where the vessel performs its service, will be punished:
I.- In peace time, with two months in prison;
II.- on a war campaign, with one year and six months in prison, and
III.- at the front of the enemy, with the penalty of seven years in prison, and if it results in injury to the ship or the war operations, with the eight-year-old.
Article 359.- The sentinel, watchful, servient or stop, seeing that the enemy is approaching not the voice of alarm, or does not fire, or withdraw without order To this end, he will be sentenced to thirty to sixty years in prison.
Article 360.- The sentinel that is left to be relieved by another that is not the quarter that has been posted by him or the one who has given him to recognize as such the commander of the position, or Anyone who is authorized to do his time, or who will give his weapon to another person, will be punished with two years in prison, in peace time; in the campaign, with that of four years, and in front of the enemy, with that of thirteen years in prison.
Article 361.- The vigilant, servient or stop, which is left to be relieved without the order of the guard or person who does his or her times, with the authorization of the officer of the guard, He will be punished with a year in prison in time of peace, and in a campaign of war with three years. If the crime is committed at the front of the enemy, the penalty will be eight years in prison.
Infraction of Marine Special Duties
Article 362.- It will be punishable by thirty to sixty years in prison:
I.- The commander or officer on duty who will deliberately lose your ship;
II.- the seafarer who will cause damage to the ship of the State, or to its service, in order to cause its loss or to prevent the expedition to which it is destined, being the ship engaged in combat, or in a dangerous situation for their safety;
If the ship is not in that situation and its loss is realized or the expedition is prevented, the penalty will be thirteen years in prison, and ten years in any other case, and
III.- The sailor who will refuse to position himself or remain at the point that has been pointed to him in the combat or to hide or return his back to the enemy during that time.
Article 363.- They will be punished with eleven years of imprisonment, seafarers who, lacking obedience due to their bosses, will set fire to or destroy ships, buildings or other properties. The pro-proms and the higher employment or seniority of those of the Military Corps, will be imposed for thirty to sixty years of imprisonment.
Article 364.- The subordinate ship commander or any officer who maliciously separates with his or her vessel from the group, squad or division to which he belongs, shall be punished:
I.- With removal or suspension of employment or commission for five years in peacetime, if there is no damage to the group, squadron or division or its crew; otherwise the penalty of six years imprisonment will be imposed;
II.- with seven years in prison, in a war campaign;
III.- with thirteen years in prison, in front of the enemy, and
IV. With the penalty of thirty to sixty years of imprisonment when in the cases of these last two fractions I will result some damage to the group, squad or division or to their crew, or if the loss of combat will occur.
Article 365.- The one that without justified motive will vary or command to vary the direction given by the commander, will be punished with the penalty:
I.- Of thirteen years in prison if the ship is lost, or in the course of war, the expedition is lost or delayed with serious damage to the service;
II.- Nine years in prison if in peacetime the expedition was to be spoiled or delayed with serious injury to the service, and
III.- three years ' imprisonment in any other case.
Article 366.- The seafarer who, by negligence, will be known to be the sena or password or secret signals of recognition, shall be punished:
I.- War campaign or cause injury, with the penalty of seven years in prison, and
II.- in any other case, with the penalty of suspension of employment or commission, for one year, being official and not being so, with that of six months of imprisonment.
Article 367.- He will be punished with the penalty of seven years in prison:
I.- The sailor who can fight or persecute the enemy, I will stop doing so, and
II.- the seafarer who loses the ship he is in charge of, for not taking the preventive measures or not requesting the necessary resources in due time, showing him the danger of being attacked.
Article 368.- He will be punished with the penalty of four years in prison, the commander of ships that tree-tree false flag, start or sustain combat.
Article 369.- The sailor who will improperly cause breakdowns by boarding a warship or merchant will suffer the penalty of three years in prison.
Article 370.- The seafarer who without proper authorization introduces or permits to introduce flammable lights or materials into panols or warehouses containing easy effects combustion, will be punished:
I.- With one year and six months in prison, if the culprit were the sentinel, vigilante, panolero or warehouse manager, and
II.- with nine months in prison if the culprit was not of those expressed in the previous fraction.
Article 371.- The individual of marinery or troop who is providing a service of arms or seaman, not being sentinel, vigilant, stop or servient, is asleep, without authorization, Drunk, or with any transient disturbance of mental faculties, voluntarily sought, will be punished with the penalty of:
I.- A year of imprisonment, if the event occurs at the front or proximity of the enemy;
II.- Six months in prison if the event is carried out in a war or in a time of peace, if there is a danger to the safety of the ship, and
III.- four months in prison in other cases.
Article 372.- The on-call officer who will be during the duration, will be inebriated, or will voluntarily seek any temporary disturbance of his mental faculties, or will take care of Any distraction that separates you from the constant vigilance you must observe in your service, according to the Ordinance will be worth it:
I.- For nine years of imprisonment, if for this reason the vessel will be lost by boarding, stranded or shipwreck, or the shipwreck of another will be caused, by approach or the fact to the front of the enemy;
II.- of three years and six months in prison, if for this cause without missing the vessel, they will be caused in serious breakdowns or another vessel will be caused by boarding, or the position, and
III.- four months ' imprisonment, in any other case.
Article 373.- Fire guards and those with registered lights, allowing acts that can produce fire, will be punished with the penalty of nine months in prison.
Article 374.- The commander of the Navy's ship, who commands that he honors or receives them without tree-bearing his own flag, will be removed from his job.
Article 375.- It will be punished with the penalty of one year's imprisonment, which in any other way will fail to the duties concerning the service of the sea guard or port, if not result will result in damage or loss of craft.
If I'm hurt or lost, the penalty will be four years in prison.
Infraction of Special Airmen Duties
Article 376.- It will be punishable by thirty to sixty years in prison:
I.- The aviator that in front of the enemy dolously destroys its aircraft, and
II.- The aviator who will refuse to operate in the zone that would have been pointed out in the combat or without authorization to separate from that, will hide or return the back to the enemy.
Article 377.- The airman who, in a time of peace, deliberately or carelessness, negligence or inimiciousness, will cause damage to an aircraft of the State or to the service of the State, will suffer of five years in prison and if the aircraft were destroyed, the eight-year-old.
Article 378.- The aviator who, without reason, according to expert opinion, will vary or send a change of course, will be punished:
I.- With the penalty of ten years in prison if the aircraft were destroyed, or the operations were put into operation or delayed with serious injury to the service, and
II.- with that of three years in prison if the fact has place in time of peace.
Article 379.- The aviator who by carelessness or negligence shall give rise to the known sign and password or secret signals of recognition shall be punished:
I.- On campaign or causing injury, with the penalty of seven years in prison, and
II.- in any other case, with the penalty of suspension of employment for one year.
Article 380.- It will be punishable by four years in prison, which can fight or persecute the enemy, I will stop doing so.
Article 381.- He will be punished with nine months in prison, the aviator:
I.- That in peace time, having received orders of departure, do not do so at the time fixed, or that it does not reach the place of its destination, in the regularly calculated time, without reason justified, and
II.- committing any other serious violations of the weapon's regulations, not provided for in this Chapter.
Infraction of military duties for each military according to their commission or employment
Article 382.- He who infringes any of the duties that correspond to him, according to his commission or employment, or ceases to comply with it without justified cause, and the fact or omission does not constitute a crime specially provided for by this Code, will be punished with the penalty of one year of imprisonment. When the offence is due to torpedoes or neglect, the penalty will be four months in prison.
If any individual is harmed, it will proceed in accordance with the general rules on application of penalties.
Article 383.- If the infringement resulted in damage to a ship or aircraft, for this reason only the prison terms that must be imposed, as prescribed, shall be imposed. increase in two years.
Article 384.- When the offence causes damage to the troops, or the loss of a vessel or aircraft, it will be punishable by ten years in prison.
Article 385.- If the violation results in the defeat of the troops, or the loss of a vessel or aircraft, being in the campaign, the penalty shall be thirty to sixty years of imprisonment.
Infraction of the duties of prisoners, evasion of prisoners or prisoners or detainees and aid to each other for their escape
Article 386.- The prisoner who retakes the weapons against the Nation, after having committed himself under his word of honor not to do so, and that in These conditions shall be captured, shall be imposed for thirty to sixty years in prison.
The same sentence will be imposed on the prisoner who has committed himself in the same circumstances to keeping his prison, evaded and then apprehended, providing weapons services in against the Republic.
The prisoners who are mutinied will be tried and punished as responsible for the offence of the offence.
Article 387.- When the person in charge of driving or guarding a prisoner, protects his or her flight or unduly puts him at liberty, he will be punished with three years in prison. When the person who helps in his escape is not in charge of custody, he will be punished with two years in prison.
Article 388.- When the person in charge of custody of a prisoner helps to escape, using physical violence through fracture, horadage, excavation, scaling or keys false or moral violence using his military position, he will be punished with four years in prison in the case of article 387. When the person who helps the escape is not in charge of the custody, he will suffer the two thirds of that penalty.
Article 389.- When a prisoner who is in the conditions referred to in Articles 203, XX and 386 is evaded, it shall be punishable by thirty to Sixty years of imprisonment for those who have assisted their escape, whether or not they are in charge of their custody.
Article 390.- Where evasion shall be effected by the negligence of the custodians, half of the penalties mentioned shall apply, if they are deprived of liberty; but if, for the steps taken by one of those responsible, the fugitive is reapprehended before three months after the evasion has been carried out, such penalties may be reduced to a quarter.
Article 391.- Inmates or military detainees who evade walls or climbing, fracturing doors, distorting locks, leaving on board vessels for other sites than those intended for landing, or using any other means of violence, shall be punished with a penalty of 10 months imprisonment, without prejudice to the one which they are extinguishing, and if no final judgment has yet been given in their proceedings, the same penalty shall apply to them, without prejudice to by virtue of that one has to impose them. In the case of non-dismissed officers of their respective jobs, when evasion is carried out, they shall be dismissed, and the penalty expressed in this article shall be applied to it even if violence has not been used to evade them.
Article 392.- When the person in charge of driving or guarding an inmate or detainee, protects his or her escape, or puts him unduly at liberty, he/she shall be punished:
I. With a sentence of five years in prison, if the crime charged to the inmate or detainee has been marked for fifteen years in prison or more;
II.- with the penalty of three years imprisonment, if the offence charged is not less than ten years, nor shall I reach fifteen years;
III.- with the penalty of one and a half years in prison, if that of the offence charged I will spend five years and I will not reach ten, and
IV.- with the penalty of one year in prison in all other cases.
Article 393.- If it is an inmate or military detainee and who protects or helps the escape, do so under the circumstances referred to in Article 388 shall apply to the responsible for the penalty corresponding to the previous article, increased by one-third of its duration.
When it comes to detainees or civil prisoners, who will protect or assist their escape, they will be punished with the penalties mentioned in the previous article, but calculating the penalty of the crime charged to the fugitive, by means of the term of the Criminal Code to be applied.
When, in the cases of these last two precepts, those who assist in the escape are not in charge of the custody, the two thirds of the penalties indicated will be imposed.
Article 394.- If the evasion of detainees or prisoners is carried out by negligence of the persons responsible referred to in Article 396, they will be punished with half the penalty. which, in accordance with the relevant provisions of this Chapter, should be imposed on them if they have assisted the escape; but if, through the démarches of one or some of them, the fugitives are to be re-arrested before three months after they have been has effected the evasion, the, or those who have made such démarches, only They will suffer the fourth part of the sentence, without any, being less than ten and six days in prison.
Article 395.- The one who helps the general escape of the prisoners or detainees existing in a building or ship destined for the guard of some or others, will be punished with the penalty of ten years of imprisonment. If the person who committed this crime is the head of the establishment or vessel, or the person in charge of monitoring for the safety of these prisoners or detainees, the sentence will be thirteen years in prison.
Article 396.- Whenever one or more prisoners, prisoners or detainees are evaded, the responsibility of the escort or force directly responsible for the arrest shall be made effective. the custody of him or of those who have been evaded, without prejudice to the fact that all other individuals of that same escort or force are also required to do so, which, with their acts or omissions, appears to have favoured evasion.
Against Military Honor
Article 397.- It will be punishable by thirty to sixty years in prison:
I.- He who by cowardice is the first to flee in an action of war, to the front of the enemy, marching to find him or waiting for him on the defensive;
II.- the one who guarding a flag or banner, does not defend it in a combat, until losing the life if necessary;
III.- the commander of troops or of a ship or naval or aircraft forces, who contravene the disciplinary provisions, surrender or capitulate, the first in the field and the second without being as a result of combat or blocking, or before having exhausted the means of defense that they can dispose of.
In other cases of surrender or capitulation against disciplinary prescriptions, the penalty applicable shall be that of dismissal of employment and disablement by ten years to return to service; and
IV.- the deputies who force their superiors by force, to capitulate.
It will not excuse the commander of a square, force, ship or aircraft, having been raped by his subordinates to surrender or capitulate.
Article 398.- The one who convokes, in contravention of disciplinary prescriptions, a board to deliberate on capitulation, will suffer for that only fact the The term "death penalty" and disablement for ten years to serve the Army; but if the junta is to be held, and if it results in surrender or capitulation, it will be sentenced to thirty to sixty years in prison.
The fact of attending a meeting called for the purpose and conditions expressed, although it will be voted in different sense to that of the capitulation, will be punished with suspension of employment for five years.
If the vote is in favor of the miscapitulation, it will impose penalty of thirty to sixty years of imprisonment or the one of dismissal, according to the prescribed in the fraction III Article 397.
Article 399.- If in contravention of the legal prescriptions, a war board is to be held to deliberate on military operations, the one that has called it will suffer. for that fact alone, the penalty of dismissal of employment with disablement for five years to become part of the army.
Article 400.- It will suffer the penalty of twelve years in prison, which during the combat or marching to it, and out of the cases provided for in articles 397, fraction I, 376, fraction II and 362, fraction III, hide, flee or withdraw with a pretext of injury or contusion that does not make it impossible for him to fulfill his duty or that in any other way he elves the combat in which he must be found.
Article 401.- Any military, even if it is strange to the crew of a ship, to shout in order to stop the combat or not to take off, and the sailor who, at the sight of the enemy, If there are any voices or acts that could produce the abandonment of the combat or the dispersal of the ships or troops, they will be punished: the first, with the penalty of seven years of imprisonment, and the second with the twelve years.
Article 402.- They will be punished with the penalty of two years in prison, the military who commit dishonest acts against each other or with civilians, on warship, buildings, points or military posts or any other army dependency, if they do not measure violence.
The officers, in addition to the custodial sentence, will be removed from their jobs, being disabled for ten years to return to the service, whether or not proceeds as a result of the imprisonment.
If I measure violence, the general rules on application of penalties will be observed.
Those who commit this crime outside the aforementioned places will be punished with half of the sentences that are established; but in any case, the officers will be removed from their posts. jobs or disabled for the time mentioned.
Article 403.- He will be punished with the penalties of one year and six months in prison and dismissal of employment, which in a show of contempt, returns his appointments, dispatches, diplomas or be stripped of their badges or decorations.
Article 404.- To which you are publicly wearing uniform, insignia, flags, or military decorations, which are not legitimately authorized to use, or are assigned degrees or jobs the army or the army, which does not correspond to him, will be punished with the sentence of four months in prison.
Article 405.- The Mexican army officer who has fallen prisoner in the hands of the enemy, forces himself not to take up arms against him again, thus committing his He will be dismissed from his job and will be disabled for ten years for the service.
Article 406.- The officer who leaves the arrest in accommodation, will be punished with the sentence of forty-five days in prison, and upon leaving any other arrest, impose the three-month prison sentence.
He who reincites, will suffer the custodial sentence corresponding, and in addition, the suspension of employment for a term equal to that of that.
Article 407.- The sentence of four months ' imprisonment shall be imposed on the officer who commits any of the acts or omissions which are then expressed:
I.- Excuse yourself to do the fatigue that you touch, for suspected diseases;
II.- assistance to manceibias, wearing uniform or military flag;
III.- present publicly in a state of drunkenness, wearing a uniform or military flag. The sergeants and cabs will suffer in this case two months in prison;
IV.- pour species that may cause tibieza or unpleasantness in the service;
V.- murmuring on the basis of the higher provisions, or censoring them;
VI.- Do not repress or communicate to the immediate superior the murmurings or censures of the lower ones; and
VII.- make loan usurious to the class of troops, and demand handouts or loans from their children.
In case of two violations of those listed in this precept, within the period of one year, for the new offence, the sentence of imprisonment and the one of dismissal will be imposed of employment, with the term of disablement being fixed to return to service in two years.
Article 408.- It will be punishable by three months of suspension of employment to the officer who:
I.- It is customary not to pay back debts;
II.- violate the word of honor committed;
III.- sell or in garment decorations, dispatches, diplomas or identification documents, and
IV.- Promote collections, make subscriptions or carry out other levies, without authorization from the Secretariat of National Defense or Navy as appropriate.
In case of recidivism, the removal penalty will be imposed, with the term of disablement being fixed in two years to return to the service.
For the purposes of this article, it will be understood that there is recidivism, when two infractions of the above are committed, within the one-year period.
Article 409.- They will suffer the penalties of six months ' imprisonment and dismissal of employment, the sergeants and cabs who after having incurred two disciplinary corrections, inside of the one-year period, they persist in their misconduct.
Article 410.- Any military who challenges another, will be punished in the manner that is immediately expressed:
I.- If it is equal in category to the challenge, with the penalty of one month's imprisonment, if the duel will not take effect; with that of two months of imprisonment, if the duel will be carried out without the person who has been injured is killed or injured; with that of six months in prison, if he is injured in the act, and with that of one year and six months in prison if the challenge dies in the duel or dies as a result of injuries that he receives, within 60 days from the date of the date of such act;
II.- If it is superior to the challenge, with that of two months in prison, in the first of the cases referred to the previous fraction; with that of three months of imprisonment in the second of those cases; with that of one year in prison in the third, and with that of two in the last, and
III.- If it is less than the challenged, with twice the penalties indicated in the fraction I, in their respective cases.
When the challenged has provoked the challenge for serious or publicly inferred offense, or in the presence of persons on whom the challenger exercises authority, the challenger will be punished with the two-thirds of the penalties identified.
Article 411.- The one who admits a challenge, will suffer the penalty that according to the previous article, corresponds to the challenger, according to the case, with a reduction of a third part, except what is prevents in the following article.
Article 412.- The penalty for the challenge will be the same as the one mentioned in the law regarding the challenger:
I.- When he, in the judgment of the court he knows of the process, has given cause to be challenged, with the manifest purpose of being challenged or inferring a grave outrage to the challenger, in his honor as a knight or a military man, and
II.- when you have not wanted to give a decent explanation in your offense.
Article 413.- The one who is injured in a duel shall not be spared the penalties that under the preventions of this chapter must be imposed as a challenge or as challenged.
Article 414.- He who in a duel wound or kills his adversary, being either fallen, unarmed or unable to defend himself for any other cause, will be punished as Herder or homicidal, with premeditation, with advantage and out of scuffle.
Article 415.- Similarly to that expressed in the previous article, the hiera or death shall be punished, in a duel whose conditions are such, that there is no in reality combat, and that the healer or matador could have been without any danger on his part.
Article 416.- The penalties referred to in this Chapter shall not apply, but those relating to injury or homicide, in their various cases, to those found in any of the following:
I.- When you challenge it for pecuniary interest, in order or order of another, or with some immoral object;
II.- when one of the combatants fails in any way to what loyalty demands in such cases, and for that cause is killed or injured his adversary;
III.- When in case of combat, one of the combatants takes advantage of any advantage that could not be thought to grant to him to adjust the duel, although with this not breaking openly the previous fraction, and
IV.- When the duel is performed without the assistance of two or more witnesses, older, for each party, or without the latter having chosen the weapons and arranged the conditions.
Article 417.- Those who, in the cases in which this chapter deals, intervene as witnesses in a challenge, will not suffer any punishment, if due to their intervention it does not take place mourning.
In other cases they will be punished:
I.- With the fourth part of the penalty noted for the challenger, if you had made every effort to avoid mourning, and not achieving that purpose, you would, until where they are, the least dangerous conditions for combatants;
II.- with the third part of the same penalty, if you have not prudently sought to avoid mourning, even if you have done so without good success, if not concerted, in the possible conditions, the less dangerous conditions for the combatants, or if they leave in the field to some of them, seriously injured, without putting the means that are within their reach to be assisted; and
III.- with half of the repeated penalty, provided that the mourning is agreed upon death, or if the witness is superior to both combatants or one of them.
Article 418.- Those with the character of witnesses directly or indirectly assist the conduct of the combatants in any of the cases provided for in fractions II to IV of the Article 416, or Articles 414 and 415, shall be punishable as co-authors of the offence, in accordance with the provisions of the same Articles.
Article 419.- The one who induces or instils another individual in the army, who are in mourning or who are not witnesses of him, knowingly, in the circumstances expressed, weapons, or site to be carried out, will suffer the penalty of suspension of employment or commission for six months. The commander of any force who can prevent a duel between deputies, will not prevent him, will suffer half of the sentence.
Article 420.- The custodial sentences outlined in this chapter shall not result in the removal of employment, except in the case of articles 414, 415, 416 and 418.
Crimes committed in or on the basis of the Administration of Justice
Crimes in the Administration of Justice
Article 421.- Officials and employees in the Military Justice Administration will be responsible for the crimes they commit in the exercise of their functions, whether they be permanent or accidental, as well as the other crimes of the war or common order that they commit during the time of their assignment.
Article 422.- They will be punished with the penalty of six months of suspension of employment, the official or employee committing any of the following offences:
I.- Know the subject matter for which you have legal impediment, or refrain from knowing what is appropriate for you, without having such an impediment;
II. Urge or violate the indexed, processed, and sentenced to declare in a certain sense;
III.- retarding or maliciously hindering, or negligently, the Administration of Justice;
IV.- dictate or omit a resolution in violation of any terminus of the law, or contrary to the actions of a trial, provided it is heard for immoral reasons and not for simple error of opinion;
V.- in the case of the Public Ministry, when it ceases to institute legal remedies or to promote the actions leading to the clarification of the truth, or to the righteousness of the procedures;
VI.- make undue delivery of a case; and
VII.- deal in the exercise of your office, with offense, to people who attend your office.
Recidivism will be punished with removal.
Article 423.- The penalty of one year and six months of imprisonment will be imposed:
I.- To the official who gives a judgment in violation of any precept of the law or manifestly contrary to the procedural constances, when it is heard for immoral reasons and not for simple error of opinion;
II.- to members of a War Council who, without justified cause, refuse to perform their duties;
III.- to members of a War Council who maliciously vote on an interrogation, condemning or absolving against procedural constances; and
IV.- to officials and employees who arbitrarily decree or execute the apprehension of any person, cateen rooms, or commit any other abuse of their faculties.
V. To officials and employees who stop an index without making it available to the immediate authority without delay.
If the act will matter the commission of another offense, the rules of accumulation will be observed.
Article 424.- years of imprisonment and dismissal of employment shall be imposed on officials or employees who subtract, conceal or destroy prior investigation files. or procedural constances, objects, instruments or products of the offence.
Article 425.- Defenders of trade will be punished: with a six-month suspension of employment, when, due to negligence or carelessness, they do not ask, with due opportunity, the practice of certain measures, do not interpose the corresponding resources, do not reiterate, modify, change or add to their conclusions, in accordance with the franchise granted to them by this Code, or with any other omission, represented.
Article 426.- They will be removed from their employment and disabled for two years to return to the service, the officials and employees who on their own or by person request or receive undue money or any other gift, to make or stop doing something fair or unfair, related to their functions.
Offences on the occasion of the administration of justice
Article 427.- He who arbitrarily exercises an illegal influence on the proceedings, to result in the acquittal or the condemnation of the accused, will suffer Three years in prison.
Article 428.- It will impose the penalty of ten years imprisonment, which through a disorder or tumult will hinder the course of Military Justice.
Article 429.- It will be punishable by two years in prison, which falsely declares as a witness in an inquiry or in a process, either by claiming, denying or concealing the existence of a circumstance that may serve as evidence of the truth or falsehood of the act or omission imputed, or increase or decrease its severity.
The penalty will be five years if the false testimony has been given probative force, and the sentenced person has been sentenced to a higher penalty than he would be without that testimony or if it has been condemned to him.
Article 430.- The official or employee who, when executing a sentence of the Military Courts, alters it against or in favor of the sentenced, shall be imposed One to three years in prison.
Article 431.- (Repeals).
Article 432.- The non-official or employee of the Military Justice Administration, subtract dolously, hide or destroy procedural constances, objects, instruments or proceeds from the crime, will be punishable by two years in prison.
Article 433.- The heads and employees of military prisons, who abuse, unduly, speak or work the prisoners or detainees in them, will be punished as prisoners of the crime of abuse of authority.
Article 434.- For the purposes of this Second Book:
I.- By army, the public force of various militias, weapons and bodies serving the Nation to wage war in defense of its independence, integrity and decorum and for ensuring constitutional order and inner peace;
II.- are also understood under that denomination, all the sets of forces organized or organized by the Federation or by the States; as well as the National Guard in Case of foreign war or serious disorder of public order;
III.- by officers, those from the rank of sublieutenant to that of the general of division, in the army and their equivalents in the national armada;
1o.- To which he exercises authority, command or jurisdiction for employment or commission conferred by competent authority, or by succession of command under the Ordinance or laws that the replace in matters of their authority, command or jurisdiction; and
2o. to the highest category in other cases;
V.- by aircraft any apparatus capable of retracing or circulating through the air;
VI.- by troop formed the meeting of any number of military personnel placed in order for any act of the service;
VII.- by arms service, which for its execution claims the employment of them of whatever nature they are, according to the provisions of the Ordinance or laws that the replace, even if the one who performs that service does not have them or should not have them precisely with them during the faction;
VIII.- by economic service, the performance of a commission of any nature shall be understood, in accordance with the provisions of the Ordinance or laws replacing it or orders received, and for which the use of weapons is not required;
IX.- by order of the service the dictated for the execution of one of the acts to which the previous two fractions are contracted;
X.- by being the military in campaign:
1o. When the war has been declared in accordance with the Constitution;
2o.- when they are in a place where the war exists in fact, or as part of forces, of whatever class they are, intended for military operations against enemies External or rebel;
3o.- when they are in Mexican territory declared in a state of siege, in accordance with the laws, or in national territorial waters;
4o.- when they have fallen to the enemy as prisoners; and
5o.- when they have embarked with or without a square, division, group or loose vessel, whether of war or corsary, caught or chartered by the government and destined for war operations, against foreign enemies or rebels.
In cases where there is doubt as to whether the force to which the person was prosecuted, whether or not he was in the campaign to commit the offence for which he is being tried, will be consulted on the particular to the Secretariat of National Defense or Marine as appropriate, and
XI.- by being in front of the enemy or during the removal, having it in sight or being at a distance equal to or less than the thirty-kilometre distance from the advanced points of that, or to be in the same territorial waters as maritime forces, or in any case, under the action of the enemy fire.
Of The Procedure
Article 435.- It is up to the military courts to declare the innocence or guilt of persons under their jurisdiction and to apply the penalties that the laws flag.
Only that statement will be legally true.
Article 436.- The violation of the law gives rise to criminal action. It can also lead to civil action;
The first, which corresponds to the society, is exercised by the Public Ministry and has as its object the punishment of the offender;
The second, which can only be exercised by the offended party or by the legitimate representative, is intended to repair the damage, comprising:
I.- The restitution of the thing obtained by the offense, and if not possible, the payment of the price of the same, and
II.- compensation for material and moral damage caused to the victim, his family or a stranger. The courts of the war jurisdiction will only know and decide on the criminal action that will be born of the crimes of their jurisdiction. The civil actions arising from those actions shall be brought before the courts of the common order, in accordance with the legislation in force.
Article 437.- The extinction of civil action or resignation, no matter the extinction or suspension of military criminal action.
Article 438.- Neither the irrevocable judgment, even if it is absolute, nor the pardon, extinguishes the civil action coming from a fact considered as criminal, except when the Absolute statement is founded in one of the following three circumstances:
I.- That the defendant is entitled to;
II.- that had no involvement in the fact or omission that was imputed to it; and
III.- that fact or omission has not existed.
The amnesty does not extinguish civil action.
Article 439.- In the processes, only the parties, the Public Ministry, the prosecution and its defenders will be considered as parties.
The victim or the offended by a crime has the right to assist with the Public Ministry and the others referred to in the last paragraph of Article 20 Constitutional.
Article 439 Bis.- Any process shall be enforced by the offence or offences indicated in the order of formal imprisonment or subject to prosecution. If, in the aftermath of a process, a crime other than that which is pursued has been committed, it shall be the subject of a separate investigation, without prejudice to the fact that the cumulation may subsequently be established if it is conducive.
Article 440.- The plaintiff who has given up will never be able to renew his complaint about the same criminal act as the previous one. In the case of crimes in which the complaint is necessary, the withdrawal of the party, before the summons for advice or for the hearing referred to in Articles 623 and 629, shall prevent the Public Ministry from continuing to exercise the action.
Article 441.- When for the imposition of the penalty the verification of a civil right is necessary, it shall be done in the course of the instruction, without waiting for it to be declared proven right by some authority. The judgment given in the criminal trial will never serve as a basis for the exercise of civil actions which may arise from the right expressed.
From pretrial procedures
Of complaints, complaints, and allegations
Article 442.- Both the complaints of the crimes and the complaints in form must contain, if in writing:
I.- The relationship of the criminal act;
II.- the name of the offender and other persons who were complicated in the commission of the crime, as well as those who witnessed it, had or were able to have news of the;
III.- all circumstances that may assist in the investigation of the crime, the classification of its nature and gravity, and the discovery of those responsible, and
IV.- the evidence related to the criminal act.
Article 443.- The complaint made by a military officer must be formulated in writing, and signed by the person who will do so. Where it is made by the superior of the offender, it shall be accompanied, if possible, with all documents concerning the same offence, and official notes and constances relating to the offender, which shall be carried out in the official documents of the body or the unit to which the responsible person belongs.
Article 444.- Outside of the listed cases, complaints may be made in writing, in writing, or by any other means.
Where verbal, a record shall be drawn up in which, in the form of a statement, all the circumstances referred to in Article 442 shall be recorded, with the signing of the denunciation and the complainant, if he knew, on all the sheets or printed his fingerprints.
If the complaint is in writing, the complainant or other person must be signed by the complainant; if the person does not know or cannot do so, his fingerprints must be taken and signed in all her fojas for which she receives her.
Dealing with anonymous information about the possible commission of a crime against military discipline, the Public Ministry will initiate a circumstantial act in which will instruct the Police to investigate the veracity of the data provided; if the information is confirmed, it will start the corresponding preliminary investigation.
Article 445.- The authority that receives a verbal or written complaint or complaint must, of course, ensure the identity of the complainant by making such a circumstance.
Article 446.- The Public Ministry, prior to the practice of the proceedings that tend to investigate the facts that are reported, will formulate its request for the opening of the Commander of the garrison, in order for the garrison to send the documents to the judicial authority, within the term that corresponds to the Public Ministry, referred to in Article 80 of this Code.
Article 447. When a commander of the garrison considers that for the needs of the service, the procedure initiated by the Public Ministry should be suspended, within twenty-four hours of the entry made by the latter, shall be directed by the quickest way to the Secretariat of National Defense, requesting the application of the procedure and stating the reasons for this.
Article 448. The National Defense Secretariat, appreciating the reasons given by the commander of the garrison, will decide whether to postpone the the procedure initiated, giving instructions to the Public Ministry in order to suspend its action, for a term that does not exceed three months in time of peace, or indefinite in case of war, or of preparation for it.
Article 449. If the National Defense Secretariat deems the suspension improper, order the garrison commander to continue the procedure of agreed with the request of the Public Ministry, including the commander, when there are responsibilities to be required.
Article 450.- The Public Ministry and the Military Ministerial Police, must be accompanied by the measures they practice, of their secretaries if the they have, or two witnesses of assistance, who will attest to everything that happens, demanding the protest to tell the truth to those who intervene in them, as well as the reason for their saying, except in the case of the indiciate. They shall also record the measures they order for the best investigation and the reason or reason for not having carried out the measures which are not carried out.
The pre-investigation file will only be accessed by the defendant, his or her defender and the victim or by his/her legal representative. Prior inquiry as well as all documents, regardless of their content or nature, and the objects, voice records and images or things that are related to it, are strictly reserved.
For the purposes of access to government public information, only a public version of the non-exercise resolution of the criminal action shall be provided, provided that a period equal to that of the limitation of the offences in question has elapsed, in accordance with the provisions of the applicable criminal law, without being able to be less than three and not more than 12 years, counted from the time that the resolution is firm.
If the non-exercise resolution of the criminal action results from the lack of data establishing that the crime has been committed, the Public Ministry may provide the information in accordance with the applicable provisions, provided that no inquiry is put into question.
In no case can we refer to confidential information regarding the personal data of the accused, victim or offended, as well as witnesses, servers public or any person related to or mentioned in the inquiry; the Public Ministry will not be able to provide information once the criminal action has been exercised to those who are not legitimized.
Opening the procedure
Article 451.- The opening order must contain:
I.- The date and time it is dictated;
II.- the statement made by the judge giving entry to the consignment;
III.- the setting of the time the public hearing must be held so that the detainee, if any, gives up its preparatory statement;
IV.- the expression of the proceedings to be performed at the request of the Public Ministry, and
V.- the names of the judge who dictates the determination and the secretary who authorizes it. Copy of this order will be sent to the Supreme Military Tribunal.
Article 452.- If in the proceedings entered by the Public Ministry, the arrest of a person or order of appearance is requested, the judge will release it, if they are meeting the requirements of Article 16 of the General Constitution.
Checking the body of the crime and the likely responsibility
Article 453.- The basis of the criminal procedure is the verification of the existence of a fact or an omission repudiated by the law as a crime; without it there can be no further procedure.
For the verification of the body of the offence, the means of proof supported by this code will have their full legal value, and must be taken as (a) preference is given to those referred to in this Chapter, with the authorities of the widest possible action to employ the means of investigation which they consider to be conducive, provided that they are not prohibited by law.
In order to resolve the likely liability, the authority will have to state that there is no credence in favour of the defendant's cause of exclusion from the crime, and that sufficient data to prove its probable guilt.
Article 454.- The Public Ministry will accredit the body of the crime in question and the probable responsibility of the index, as the basis of the exercise of criminal action. The judicial authority, in turn, will examine whether both requirements are accredited in cars.
The body of the crime means the set of the objective or external elements that constitute the materiality of the fact that the law indicates as crime, as well as the regulations, if the typical description so requires.
The likely liability of the index will be credited when, from the existing evidence, its participation in the crime, the wilful or culpable commission of the same and does not exist credentialed in favor of that some cause of lawfulness or some exclusionary of guilt.
Article 455.- When the subject matter of the offence exists, it shall be described clearly in the minutes the characters, signs or vestiges which the offence itself has left, the instrument, weapon or means with which probable or precisely could have been committed, and the way as it appears that has been made use of those. All circumstances of situation and location and the other circumstances that may serve to clarify the facts, taking advantage of all the resources offered by the arts, will also be established. The plane, portrait, copy or design, etc., will join the process.
Article 456.- In addition to the description act, another one to be called inventory will be raised, in which all objects that may be related to the offense will be entered. describing each other, so that at all times they can be recognized. The same annotation will be made of all objects that for any reason must be secured.
Article 457.- If when the apprehension of the defendant is verified, objects that are related to the fact that are pursued, or if they are discovered in the house of that or In any other point, the inventory will be drawn up, even if it is in various forms.
Article 458.- In the act of the inspection of the place where the offence was committed, the judge shall examine all persons whose testimony may bring some clarification. on the same offence or those responsible.
Article 459.- For the same purpose, the judge may prohibit those present from leaving the place, before the inspection report is closed; and if any person disobeyed the Order, a disciplinary correction shall be imposed against which no recourse shall be made.
Article 460.- If in the act of inspection or after, objects that may have been served to commit the offence, or are the proceeds of it, shall be deposited, previous inventory. The deposit will be made, attended to the nature and class of the objects, in such a way that any voluntary alteration is prevented, or that if it happens casually, it can be discovered with ease.
Article 461.- If the objects are liable to be wrapped in a paper or canvas cover, it will be practiced, sealed by the judge and signed on the cover, its secretary and the representative of the Public Ministry.
Article 462.- If the objects are not susceptible to that kind of deposit, but they can be locked in a sack, covered glass or ark, it will be done so, taking all of the precautions to ensure the inviolability of the tank.
Article 463.- When the objects are not susceptible to other means of deposit than that of a room, they shall be deposited in it, locked and locked in the door or frame with signed and sealed paper strips and the other precautions deemed necessary.
Article 464.- Whenever it is necessary to have in sight any of the objects deposited, the diligence shall be commenced by stating whether or not the seals have been broken, and if the same objects are found in the state in which they were deposited; if they have undergone any voluntary or accidental alteration, the signs or signs that make it presumed shall be expressed. The diligence will always end with constances of the form and state in which the referred objects remain.
Article 465.- In case of homicide or injury, in addition to the description of the injuries, the judge or the agent of the Military Ministerial Police The report of two experts is of great importance, and even of one only, if no other is available, and the rapid course of action does not allow for waiting. The experts will do in the case of homicide, the autopsy of the corpse, expressing with thoroughness the state they keep and the causes that originated the death.
The experts will give, by means of certificates that will ratify personally before the respective judge, the essence of the injuries, within forty-eight hours after having been commissioned of the healing of an injured person. In complying with this precept, they shall always take into consideration the weapon used to infer the injuries, the region in which they are situated, their dimensions, the organs concerned, and, in short, they shall make the classification as clearly as possible, The purpose of this Code is to ensure that it can be easily known in which the second book of this Code is understood. If the injured person dies, they will also be exposed, with all accuracy and care, if the death occurred to him or her for reasons other than the injuries themselves or from them.
Article 466.- The corpses must always be identified by means of witnesses, and if not possible, photographs will be made, adding to the inquiry a copy and putting others in public places with all the data that they can serve to be recognized, and exhorting all those who know them to show up before the judge to declare it. If it is not possible to use the photographic art, the description of the person with all the signals that could be identified will be made.
The dresses will be thoroughly described in the cause, and will be kept in safe deposit so that they can be presented to the identity witnesses.
Article 467.- If the corpse is buried, it shall be exhumed, with due precautions and assistance of experts. If the exhumation is not possible, the diligence with testimonial information shall be made up of the points mentioned in the following article, which shall be provided to the experts, for the purposes that the same article indicates.
Article 468.- When the corpse cannot be found, its existence will be verified by witnesses, who will give the description of it and express the number of injuries or Exteriors of violence that it presented, places in which they were located, their dimensions and the weapon with which they created were caused. They will also be questioned about the habits and customs of the deceased, if they knew him in life and about the diseases he has suffered. This information will be given to experts to give their opinion on the causes of death, and the opinion that this was the product of a crime is sufficient, in order for the autopsy requirement and the declaration that the injury was deadly.
Article 469.- When no witnesses are found who have seen the corpse, but there is sufficient data to assume that a homicide has been committed, the preexistence of the person, his customs, his character, whether or not he has suffered any disease, the last place and date when he was seen and the possibility that the corpse could have been hidden or destroyed, expressing, the witnesses, the reasons to make them assume the existence of a crime.
Article 470.- When it comes to any illness, suspected to have been caused by a crime, the experts will issue their opinion on the causes. in detail all the symptoms that the patient presents, and they will make the appropriate legal qualification.
Article 471.- If by special circumstances, the experts cannot give their opinion of course, the judge may point out to them a prudent term for them to issue.
Article 472.- As soon as the person who has suffered any injury, dies or will heal, the person in charge of the cure must give notice to the judge.
Article 473.- If the poisoning is treated, all the vessels and other objects used by the patient, the food, beverage, and other objects shall be carefully collected. medicines that you have taken, any of the disections and vomiting you have had, placing everything with the necessary precautions to avoid loss or alteration, and describing all the symptoms that the patient presents. At the earliest opportunity, experts will be called to recognize the patient and to analyze the substances collected, giving their opinion on the toxic qualities they contain and whether they have been able to cause the disease.
Article 474.- The healing of people who have suffered some injury, will be done as a general rule in public hospitals and under the direction of the doctors.
When any of these persons request to be cured in their home and by the doctor of their choice, they must be allowed, provided that according to the law they are released; but in this The case of injuries must be examined by two military doctors, or if they do not, by which the judge name, in order to qualify the nature of the injury, and in his case the result of the injury. The same doctors will certify the essence and healing of the wound; being able to make the injured the visits they deem appropriate.
Doctors who take care of the healing of injured should give notice to the judge of all changes that the patient suffers, and the same judge may order as many times as appropriate. the doctors appointed by the appointed officer recognize the injured person and inform him about the state in which he is located, as well as the causes that motivate the changes that are observed.
Article 475.- When the person who has received the injury should be detained or detained, in accordance with the law, it will be cured precisely in the hospitals expressed or in the prison, if its regulations permit; but it may choose the doctors who serve it, in accordance with the provisions of the previous articles.
When the injured must be stopped and the severity of the case merits the need for it to be treated in a special sanatorium, it will be allowed to be cured in it, but using all the measures that are considered appropriate to make their quality of detention effective.
Article 476.- The check of the body of the offense in the cases of theft, will be done by one of the preferred means that follow:
I.- By proof that the defendant has had in his possession, after the date of the commission of the offence the objects that are said stolen and that of the property of the complaining;
II.- by proof of preexistence and subsequent lack of the matter of the offence and of the representations made by the offended to recover it, if it justifies that it was in situation of owning the same thing and enjoying good opinion.
When theft has been committed by hanging, breaking, climbing or using false keys, the judge must describe the vestiges and the signs that will be found, and will cause the experts declare on the manner and time in which they believe the crime was committed and what the instruments used may have been.
Article 477.- In the case of a fire, the judge will have the experts give their opinion on the way, place and time of the fire, the quality of the material that (a) the circumstances in which it may be known whether it was intentional and the possibility of danger to persons or property; as well as the damages and damages that have been caused.
Article 478.- In cases of falsification or falsification of documents, a thorough description of the instrument will be made of false and will be deposited in a safe place, in judgment of the judge, by making them sign on that, if possible, the persons who lay down their falsehood, and otherwise the motive shall be entered. The process will add a photographic copy of it, and in case you cannot do this, a certified copy.
The body of the offence of falsehood shall be checked in the manner prevented by Article 481.
Anyone who has a military, public or private document in their possession, on which they are suspected of being untruthful, has an obligation to present it to the court, so then as required for it.
Article 479.- In general, in all crimes in which harm is done or is put in danger to persons or property, in a different way from those to which they relate The Court of Justice shall, in accordance with Article 4 (2) of Regulation (EU) No No 4, provide for the application of the provisions of Article 4 (2) of Regulation (EU) No No 1 of the European Parliament and of the Council of the European Parliament and of the Council. danger to the property, life or safety of people.
Article 480.- If the offence has not left any permanent vestiges or they do not exist already, the judge will collect all evidence relating to the nature and circumstances of the facts and, in the second case, shall state the reasons which have led to the disappearance of the vestiges and shall take all the providences leading to the verification of the body of the offence.
Article 481.- All the crimes that this Code does not have a special test, will be justified by checking all the material elements that constitute them, according to the definition which of them is made in the second book of this Code.
Of the Cates
Article 482.- The Public Ministry, when investigating crimes against military discipline, will be able to request the practice of a search, for which it will have to go to the Military judge, or if there is no federal or common order, in aid of military justice, asking for any means, expressing its object and necessity, as well as the location of the place to be inspected and the person or persons to locate or to be apprehended, and the objects that are sought or are to be secured, to the that only diligence should be limited.
At the end of the search, a circumstantial act shall be lifted in the presence of two witnesses proposed by the occupant of the spot or in his absence or refusal, by the judicial authority to practice diligence.
Article 483.- The search can only be performed from six to eighteen hours, unless in the cases of exception mentioned in the previous article, or when the Diligence is notoriously urgent.
Article 484.- When the Military Public Ministry practices searches, it will observe the following rules:
I.- If this is a flagrant offense, the official will proceed to the visit or recognition, without delay, calling at the time of the diligence to two neighbors that he considers with the capacity to intervene in the diligence to be carried out under the terms of Article 16 of the Constitution;
II.- If there is no danger of making the inquiry illusory or difficult, the defendant will be cited, so that he may witness the act, and, failing that, whether he is free or not. be found, or to be prevented from attending, will be represented by two neighbors who will be designated in the act of diligence, and
III.- In any case, the head, occupier or in charge of the house or estate to be visited, even if it is not indexed of the fact that it motivates the diligence, will be called also to witness the act, at the time it takes place, or before, if it is not for this reason not to be feared that such diligence will not result. If these persons cannot be located, or where there are two or more families, two neighbors who are deemed to be capable of being able to attend shall be called upon and with their assistance the visit shall be carried out in the places that are necessary.
Article 485.- If the inspection has to be carried out inside a public building, the person to whose office the inspection is, except for the case of urgency, shall be notified.
Article 486.- If the inspection has to be performed at the official home of any diplomatic agent, the judge shall request instructions from the Secretariat of Foreign Affairs, and proceed according to them; while he receives them, he will take on the outside of the house the providences that he deems appropriate.
Article 487.- Every home inspection will be limited to the fact that it is motivated, and will in no way be extended to investigate crimes in general. But if the discovery of a crime which has not been the direct object of the recognition is coincidentally, a record shall be drawn up by the official who practices it, and shall state the casual occurrence of the discovery, in order to justify the fact that this was not the result of an investigation; further, the urgent measures necessary to give the military prosecutor an account, provided that the crime is of those in which to proceed is not require a necessary complaint.
Article 488.- In the houses that are inhabited, the inspection shall be verified without causing the inhabitants more discomfort than those that are indispensable for the purpose of the diligence. Any undue abuse which is caused to persons shall be punishable by a disciplinary correction which the authority which has ordered the proceedings considers appropriate.
Article 489.- Except for objects that relate to the process that will motivate the recognition, all others will be made available to their owner or holder.
Article 490.- In the same manner as determined in this chapter, the search shall be carried out upon completion of a requisition of another court or competent official.
Of the preparatory statement and the appointment of an advocate
Article 491.- The judge shall make a preparatory statement to the detainee within twenty-four hours of the time he has been placed at his disposal.
Article 492.- The Judge will have an obligation to let the detainee know, in this act:
I.- The name of your accuser, the name of the witnesses you declare against you, the nature and cause of the charge, in order to make you aware of the punishable fact attributed to you and can answer the charge;
II. The guarantee for their release under caution, the amount and form of which must be affordable;
III. The right to a proper defense by itself, per lawyer, or per person of their trust. If you do not want or cannot appoint a defender after being required, the judge will appoint you an ex-officio defender;
IV. The right to have your advocate appear in all acts of the process, who will have an obligation to do so as many times as required; to revoke his appointment and to do another in any state of the process; and that I will appoint several advocates, must designate the person to whom the proceedings are to be understood, and
V. That you may not be required to declare and that if you wish to declare you will be able to do so by your defender, in oral or written form or by issuing your statements.
Article 493.- The statements will be taken separately from each of the complicated persons in the crime and shall not require them to protest to speak truth, but only to shall encourage them to take place in accordance with it.
Article 494.- The alleged offender will be questioned:
I.- By name, surname, nickname, age, state, profession or trade before entering the military, nationality, domicile and residence, military position, service or commission that had on the date the crime was committed and where it was performing one and the other;
II.- if he has passed his management journals and done the service of his class; when he rode his first guard; if he has received his pre and costume with equality to his companions, and what were the classes or officers by whom he was sent when the crime was committed.
Dealing with officers will omit the questions indicated in this fraction;
III.- If you have been imprisoned or otherwise processed, and because of what causes, to which court, what sentence you gave and whether you served the penalty that was imposed on you;
IV.- if you know the instrument with which the offense was committed or any other objects that you have a relationship with, showing it to each other, if possible; and
V.- all other facts and details that may, in the judgment of the judge, lead to the investigation of the truth or to discover the antecedents and causes that motivated the crime and they produced their perpetration.
Article 495.- The questions will always be direct, without any concept being able to be made in a captious or suggestive way. Nor can they be used with the processing, threats or promises of any kind to make them declare in a certain sense.
The Agent of the Public Ministry and the defense will have the right to question the defendant; but the judge will have at all times the power to dismiss the question, if in his opinion it is In this case and in its terms, the question asked.
Article 496.- Where it is necessary to suspend the preparatory declaration, the causes of the suspension shall be stated and the due diligence shall be continued.
Article 497.- Never will be forced to respond precipitously. Questions will be repeated to you as many times as you need to understand them well, and especially when the answer does not match the question.
In these cases, only the answer to the question you will last be asked will be written.
Article 498.- The accused will be able to answer the questions they are asked. If they refuse to confess, they will be put on record, signing them if they know or print their fingerprints.
Article 499.- The defendant may manifest as much as he deems appropriate for his defense, the appointments he will make and the other measures he proposes should be urgently evacuated.
Article 500.- If evidence of mental alienation is to be found in the process, it shall be ascertained, by the recognition of facultative and by means of evidence or other observations, if the Disposal is true or simulated, permanent or transient, before or after the offense.
The above will not be an obstacle to the continuation of the cause and practice of the actions necessary for the clarification of the facts.
Article 501.- If the defendant denies his or her name or address or changes them, the military documents in which these circumstances must be recorded shall be identified. personal.
Article 502.- If it is warned that the processing is less than eighteen years, your age will be checked with your affiliation; more if there are contradictions between it and what the The person shall be charged with the act of birth or through an expert judgment.
Article 503.- The defendant may declare before the judge as many times as he will, and he must immediately receive his statements. The judge may, in turn, extend to the defendant his/her preparatory statement as many times as he deems appropriate and in relation to the facts which it would be appropriate to clarify.
Article 504.- Received the preparatory statement, provided that it is requested by the person and that it is possible, shall be loaded in the presence of the judge, with whom they return against him, Being able to ask these all the questions leading to their defense.
From apprehension, detention, and remand
Article 505.- Outside of the penalty case imposed by irrevocable judgment or disciplinary correction, the freedom of persons can only be restricted by the character of apprehension, detention or remand; but it is necessary for such a restriction to be verified in the terms of Articles 16, 18 and 19 of the Federal Constitution.
Article 506.- Except as provided for in the following article, no one may be apprehended but by competent authority and by virtue of written order which it dictates, which shall, motivate the legal cause of the procedure.
Article 507.- In cases of gross crime, the index may be held without any need for order, by any person, without delay at the disposal of the authority. In those cases and in the urgent cases the judge who receives the arrest of the detainee, must immediately ratify the arrest or decree the freedom with the reserves of law.
The prolongation of the detention of the defendant will be sanctioned in the terms of this Code.
Article 508.- They are competent to release arrest warrants, judges and the Supreme Military Tribunal, if any, and to be able to do so requires:
I.- The Public Ministry has requested it; and
II.- that the requirements outlined in Article 16 of the Federal Constitution are met.
Any arrest warrant will be notified to the Public Ministry.
Article 509.- Those charged with executing the arrest warrants will take care to fulfill their order, avoiding all violence and the unnecessary use of force; they will make available the detainee to the judicial authority who ordered his arrest.
The directors of the prisons will not be able to receive any person without any evidence that it has already been made available to the judge, except in the case of reapprehension.
Article 510.- The order of apprehension must be replaced by the simple appointment, where the offence does not merit a custodial sentence; but if the The defendant does not appear under the summons or there is a fear that he will abscond, the judge will dictate the measures that he considers to be conducive for him to appear or so that he will not be subtracted from the action of justice.
Article 511.- When the apprehension is to be practiced in different jurisdiction from the one in which the process was initiated, it will be requested by means of an appeal by the judge (a) to which he has the status of permanent in the place where the defendant is to be or is to be found, or in turn if several, and if there is no military judge at that place, the EEW shall be addressed to the common judicial authority, by The High Court of who is dependent on it.
For the foreigner, the arrest will be requested through the Foreign Relations Secretariat.
Article 512.- In cases of extreme urgency, it may be used in the telegraphic route by means of the office in charge of the office responsible for the message to be passed. Certified copy of this office will be in the process.
The provisions of this article are without prejudice to the fact that the judge, as soon as possible, refers the exhort to the formalities of law.
Article 513.- When receiving in a military prison as a detainee to any person, the director shall grant the corresponding receipt, with a note of the day and time when make their entry, provided that there is evidence that it has been made available to the judicial authority.
Article 514.- The authority executing a judicial order of apprehension shall place the defendant at the disposal of the judge without delay and under his strictest responsibility.
Article 515.- No detention before judicial authority may exceed the term of seventy-two hours, from which the index is placed at its disposal, without justify with a formal prison order to fill the following requirements:
I.- The exact date and time when it is pronounced;
II.- the names of the judge who dictates the determination and the secretary who authorizes it;
III.- The expression of the crime attributed to the person accused by the Public Ministry, as well as the place, time and circumstances of execution;
IV. That it has been taken to indicate its preparatory statement with the legal formalities;
V. The offense or offenses to be followed by the process;
VI. All data that contains the inquiry that will make it probable the responsibility of the index;
VII. All acts that credit the body of the crime;
VIII. That the offense imputed will motivate the imposition of at least a custodial sentence;
IX. That there is no justification for the existence of any exclusionary circumstances: and
X.- that the criminal action has not been extinguished.
The period referred to above may be extended by a term equal to the request made by the person, by himself or through his/her human rights defender, by giving his/her a preparatory statement, or within three hours, provided that such extension is for the purpose of providing and de-drowning evidence so that the judge resolves its legal status, provided that the evidence has not been provided and during the previous investigation.
The Public Ministry will not be able to request such an extension, nor will the judge agree to it. The Public Ministry may in relation to the evidence and arguments promoted by the defendant or his defender, to make the promotions corresponding to the social interest that he represents.
The extension of the time limit must be notified to the authority responsible for the establishment where, where appropriate, the person is admitted, the effects referred to in the second paragraph of Article 19 of the Constitution.
Article 516.- When for having the offence only marked non-custodial or alternative punishment, freedom cannot be restricted, the judge will dictate order subject to processing with the effect of formal imprisonment.
Article 517.- Of any order of formal imprisonment or of subjection to process, authorized copy to the Supreme Military Tribunal, to the commander of the garrison, to the Attorney General and to the director of the military prison where he is being processed as soon as he is pronounced. The director of the military prison who does not receive an authorized copy of the said order within the seventy-two hours counted from the fact that the process has been made available to the judicial authority, or within the extended period of time granted by the judge, must do so by the judge's own knowledge, in the very act of concluding the term, and if the evidence is not received within the next three hours, it will place the defendant at large.
Article 518.- As soon as the order has been issued for a preventive or a process of imprisonment against any person, it will be done to ensure its identity, to portray it, adding to the process two photographic copies; one in front and one of profile, leaving two in the prison archives, and two others referring to the Attorney General. The judge will order that the prisoner be identified by the system administratively adopted and in default of the previous means, the half-filiation of the accused will be taken in the process.
Freedom from lack of merit
Article 519.- The release of a detainee shall be based on the lack of evidence regarding the existence of the body of the offence or the alleged responsibility of the defendant; it shall contain the requirements set out in Sections I, II and III of Article 515, as well as all the data which the investigation throws up and give reasons for the reasons for the order.
Article 520.- The order of freedom due to lack of merit, will not prevent later, with new data, from proceeding against the index. The proceedings shall be carried out by the judge, who shall practise all those required by the Public Ministry and the person who has been indexed within a period not exceeding 120 days, after which, if not Any new data that merge the detention and formal imprisonment, if any, shall state at the request of either party whether or not there is a crime to pursue.
Article 521.- When the judge is required to issue an order of freedom because the absence of evidence from the body of the crime or the responsibility of the person is dependent on Omissions of the Public Ministry or the Agent of the Ministerial Police, the same judge when making their determination, shall expressly mention such omissions.
Of the tests
Article 522.- They are recognized as test media:
I.- Judicial confession;
II.- public and private documents;
III.- expert opinions;
IV.- judicial inspection;
V.- witness statements; and
VI.- the assumptions.
It will also be accepted as proof of all that is present as such, provided that in the judgment of the official who practices the investigation, it can constitute it. Where this is deemed necessary, it may, by any means of law, establish the authenticity of such means of proof.
From Judicial Confession
Article 523.- The judicial confession is the voluntary declaration made by a person in full use of his mental faculties, before the court or judge of the cause or the Agent of the Public Ministry that has practiced the first steps, on the own facts of the criminal type on the subject of imputation without any incommunicado, intimidation or torture.
Article 524.- The judicial confession is admissible in any state of the process, until before the final judgment is given.
Article 525.- The confession rendered to any authority other than the public ministry or the judge, or to them without the assistance of their defender shall be of no value evidentiary.
From public and private documents
Article 526.- They are public documents:
I.- The testimonials of the public writings granted under the law;
II.- authentic documents issued by officials who perform public office, as regards the exercise of their duties;
III.- authentic documents, record books, statutes, records and records found in public or dependent files of the Federal Government or private individuals the States, the Federal District or the Baja California;
IV.- the certifications of constances existing in the parish archives and which refer to past acts before the establishment of the Civil Registry. In such cases, the judge and the interested parties may promote the collation, where appropriate in accordance with the law and in the manner prescribed by law;
V.- certificates of birth, recognition and designation of children, emancipation, guardianship, marriage and death, given by those in charge of the Registry; and
VI.- the judicial actions of all species.
It is private documents that do not have the requirements listed above.
Article 527.- Whenever any party requests copies or testimony of documents in public offices, or procedural constances, the counterparty shall be entitled to the addition of the driver is ordered.
Article 528.- Private documents, from one of the parties, presented by another, shall be recognized by that party.
With this object, you will be shown originals so that you can view the entire document and not just the signature.
Article 529.- When the Public Ministry believes that evidence of the offence may be found in the postal or telegraphic correspondence addressed to the person, it shall ask the judge and (a) shall be ordered to collect such correspondence.
Article 530.- The correspondence collected by the judge shall be opened by the judge in the presence of the secretary, the agent of the public ministry and the person who has been indicted or prosecuted, if the place and assisted of your advocate.
The judge and the Public Ministry will read for themselves the correspondence. If it is not related to the fact that it is found, it shall be given to the person who has been indexed or processed or, if he is absent, to any person of his or her trust. If the correspondence has any relation to the material fact of the judgment, the judge shall communicate its contents to the person or process, and shall send the document to the proceedings; in any case, it shall draw up the proceedings.
Article 531.- The order that is given in the cases of the foregoing articles, will determine with accuracy the postal or telegraphic correspondence to be examined.
Article 532.- When the authenticity of a document is denied or called into question, the collation of letters or signatures, which will be practiced according to the following, may be requested and decreed. rules:
I.- The collation will be done by experts, and the official who is practicing the investigation can attend the respective diligence, and in that case the minutes will be lifted corresponding;
II.- The collation will be made with indubitable documents, that is, with which the parties, by common agreement, recognize; with those whose letter or signature has been recognized judicially, and with the contested letter, in the party in which it recognizes the letter as its own to the detriment; and
III.- The judge may order the collation to be repeated by other experts.
From the Perits
Article 533.- Whenever special knowledge is required for the examination of a person or of any object, experts shall be involved.
Article 534.- As a general rule, the experts to be examined must be two or more; but one is sufficient when only the latter may be, or there is danger in the delay or when the It is of little importance.
Article 535.- The parties shall have the right to appoint experts, who shall be made aware by the judge of their appointment, supplying them with all the information necessary to ensure that issue their opinion.
Article 536.- As a rule, the recognition of injuries and the autopsy, if any, will be performed by military medical experts.
In the case of an injury from a crime and the injured person will be in a public hospital, the doctors of the injured person will be treated by appointed experts, without prejudice to the fact that judge, on a proposal from the parties, name others.
Article 537.- The experts who accept the position, with the exception of the officers, will have to render the legal protest.
Article 538.- The judge shall determine the time for the experts to perform their duties. After that, if they do not give their opinion, they will be pressed by the judge, in the same way as the witnesses.
If, in spite of the first prize, the expert will not present his opinion within the term to be pointed out, if it is a military one, it will be consigned to the Public Ministry of the branch, so that request the opening of proceedings for disobedience; and if it is civil, to the Prosecutor of the Common Order, for the purposes of its representation.
Article 539.- Whenever the appointed experts disagree with each other, the judge will subpoena them to a board, in which the points of difference will be decided. In the act of diligence, the outcome of the discussion will be settled. If no agreement is reached on that meeting, the judge shall appoint a third party in discord.
Article 540.- The experts must have an official title in the science or art to which the point on which they must rule, whether the profession or art is legally If not, the judge shall appoint practical experts.
Article 541.- They may also be appointed as practical experts, where there are no graduates in the place where the instruction is followed, with their opinions sufficient to checked the corresponding element of the body of the offence, within the constitutional term, without prejudice to what is expressed in the following article.
Article 542.- The opinions given by practical experts will be sent to the judge of the place where there are qualified experts, so that they may give their opinion. The first shall be certified in the form of a certified copy.
Article 543.- The experts must be quoted in the same way as the witnesses; they will also meet the conditions of these witnesses and will be subject to the same causes of impairment. Those who speak the Spanish language will be preferred.
Article 544.- The judge will ask the experts all the questions it creates; it will give them in writing or in word, but without any suggestion, the data it has, and will record these facts in the act of diligence. The parties shall have the right to question experts.
Article 545.- The experts will practice all operations and experiments that their science or art suggests to them, and express the facts and circumstances that serve as the basis for their opinion.
Article 546.- The experts will issue their opinion in writing, and ratify it in special diligence, in the event that it is objectionable to falsehood or the judge deems it necessary.
Military medical experts do not need to ratify the opinions or certificates they issue in matters of the military court order.
Article 547.- When the expert judgment falls on objects that are consumed when analyzed, the judges will not allow the first analysis to be verified, but on the half of the the substances at most, unless their quantity is so scarce, that the experts cannot issue their opinion without consuming them all. This shall be recorded in the respective minutes.
Article 548.- The designation of experts, must be placed on the persons who perform this position by official appointment and salary.
If there are no official experts, they shall be appointed from among the persons who are the teachers of the relevant branch in the national schools, or between the officials or employees of a technical nature in government-dependent establishments or corporations.
If there are no experts referred to in the preceding paragraph, you may appoint others. In this case, the fees will be covered according to what is paid per custom in the particular establishments in question, to the permanent employees of the same, taking into account the time that the experts should occupy in the performance of his commission.
When the experts who receive the salary of the Erarium, issue their opinion, they will not be able to charge fees.
Article 549.- The judge, when you think it is appropriate, may order the experts to attend any diligence, and may be imposed on the whole or part of the process.
Article 550.- When those who intervene in a process do not speak the Spanish language, the judge will appoint one or two interpreters who will protest faithfully the questions and responses to be transmitted.
Article 551.- When requested by either party, the declaration may be written in the declarant's language, without this being an obstacle for the interpreter to do so. translation.
Article 552.- The parties may challenge the interpreter by founding the recusal, and the judge will fail the incident outright and without recourse.
Article 553.- Neither the parties, witnesses or vowels of a War Council may be interpreters.
Article 554.- When those who intervene in a process are deaf or mute, the judge will appoint the person who can understand them as an interpreter. If you know how to read and write, you will be questioned in writing and you will be prevented from answering the same way. When they are blind, they may be accompanied by a person who reads his or her statement and signs them or prints their fingerprints after they ratify it; if they do not follow someone, the judge will appoint the person who reads and signs the diligence.
From Judicial Inspection and Fact Rebuilding
Article 555.- The judge, when practicing judicial inspection, shall seek to be assisted by experts who are required to issue their opinion on the places or objects thereafter. inspected. The parties may be able to make the comments they deem appropriate.
Article 556.- In case of injury, when the injured person is healed, the judges or courts will attest to the consequences that have originated those and are visible, practicing inspection of which shall be drawn up in the respective minutes.
Article 557.- The inspection may have the character of reconstruction of facts and practice until before the judgment is given; it shall be the object of the statements that have been rendered and the expert opinions that have been formulated.
This diligence should be practiced precisely in the place where the crime was committed, when the site has influence on the development of the events that are rebuilt and within the jurisdiction; otherwise, it may be practised elsewhere.
Article 558.- To rebuild due diligence:
I.- The judge with your secretary;
II.- the defendant and his defender;
III.- the Public Ministry agent;
IV.- in-person witnesses, if they reside in the place.
V.- the appointed experts, provided that the judge or the parties deem it necessary or they wish to attend;
VI.- the other persons that the judge makes convenient and which expresses in the respective commandment.
Article 559.- To practice reconstruction, witnesses and experts will be taken to the protest to be true; the person or persons who replace the actors in the offence who are not present and will be given faith in the circumstances and details they have in relation to the offence. The defendant's statement will be read immediately and it will be made to explain practically the circumstances of the place, time and form in which the facts were developed. The same will be done for each of the witnesses present. The experts will then give their opinion, in the light of the declarations made and of the traces and signs existing, taking into account the indications and questions asked by the parties and the authority, which will ensure that the opinions on precise points.
Article 560.- If by the disclosures made in the first proceedings, in the complaint or otherwise, the examination of any person for the clarification of a criminal act, of his or her circumstances or of the offender, the judge must examine them.
Article 561.- During the instruction, the judge may not fail to examine the witnesses present whose declaration the parties request. You must also examine the absent witnesses, in the form prevented by this Code without delay in the course of the instruction or to prevent the judge from terminating it when you have gathered the necessary elements.
Article 562.- Everyone, whatever their age, gender, social status or background, must be examined as a witness whenever they can give any light to the Investigation of the offence and the judge or parties consider it necessary to examine them. The evidentiary value of his testimony will be herewith in the judgment.
Article 563.- The guardian, curator, pupil or spouse of the accused shall not be required to declare, nor to their relatives by consanguinity or affinity in the ascending or descending straight line, without limitation of degrees and in the collateral up to the third inclusive, nor to those connected with the defendant for love, respect or gratitude. If these persons are willing to declare, they shall be given their declaration and this circumstance shall be recorded.
Article 564.- In criminal matters, you cannot oppose the witnesses; but on their own initiative or at the request of a party, the judge shall record in the process all the circumstances that influence in the probative value of the testimonies.
Article 565.- Witnesses will always give the reason for their saying, which will be stated in the diligence.
Article 566.- When the witnesses to be examined are absent, they shall be summoned by means of a cedula or by telephone meeting the requirements of the following article.
Article 567.- The cedula will contain:
I.- The legal designation of the court before the witness is to be presented;
II.- the name, last name and room of the witness, if they are known; otherwise, the data necessary to identify it;
III.- the day, time, and place to appear;
IV.- the penalty to be imposed if you do not share, and
V.- the signatures of the judge and secretary. Their names in case of phoning.
Article 568.- The citation can be made in person to the witness wherever he is, or in his room, even if he is not in it; but in this case, it will be stated the name of the person to whom the cedula is delivered. If that will manifest that he is absent, he will say where he is, from what time and when his return is expected. All this will be stated so that the judge will dictate the providences. You can also send your card by mail.
Article 569.- If the witness is a military witness or employee of a public service branch, the summons shall be made through the respective superior hierarchy, unless the of the inquiry requires the contrary.
Article 570.- If the witness is in the population where the judge resides, he/she may be able to appear in order to do so, which will be extended in the same manner as the Cytatory cedula.
If the witness is prevented from appearing, the judge will take your statement on the site where you are.
Article 571.- If the witness is found outside the population, but within the same jurisdiction, if by distance he cannot be made to attend the court, or the judge does not He will be able to cross, examine him for an appeal to the judge of his residence. If it is ignored, the police will be tasked to find out the whereabouts of the witness and cite him. If this investigation is not successful, the judge will be able to make the summons by means of an edict in the official newspaper.
Article 572.- Outside the case of illness or physical impossibility, all persons are required to appear in court when they are summoned, whatever their category and the functions they perform. However, when they are to be examined as witnesses, the statements will be received by written report, which will be requested on their own initiative, containing all the necessary questions, to those who serve as: President of the Republic, secretaries, undersecretaries, senior officers of the Secretaries of State, heads of departments, governors of federal territories, members of a higher court, garrison commanders, division generals and members of the body diplomatic, directing to the latter the trade mentioned through the Secretary of National Defense or Navy as appropriate, who will send it to the Foreign Relations.
When it is necessary to ratify these officials, the judge will be with your secretary to the house or office of them.
Article 573.- Witnesses must be examined separately by the judge, in the presence of the secretary. Only the parties may attend due diligence, except for the following cases:
I.- When the witness is blind,
II.- when it is deaf or mute, and
III.- when you ignore the Spanish language.
In these cases, items 550 and 554 will be provided.
Article 574.- Before the witnesses begin to testify, the judge will instruct them of the penalties with which this Code punishes those who are produced with falsehood, or refuse to to declare or to grant the protest. This may be done by meeting all the witnesses.
Article 575.- After the protest is taken, each witness shall be asked his name, surname, age, nationality, neighbourhood, room, state, profession or office, if found linked to the defendant or to the plaintiff for ties of kinship, friendship or any other, and if he has any cause of hatred or rancor against any of them.
Article 576.- Witnesses will declare a living voice, without being allowed to read the written answers. However, they will be able to see some notes or documents that they will take, depending on the nature of the case in the judge's judgment.
The parties may examine the witnesses, asking them the questions they deem appropriate through the judge.
Article 577.- The statements shall be clearly worded and, as far as possible, using the same words used by the witness. If you want to dictate or write your statement, you will be allowed to do so.
Article 578.- If the declaration refers to any object in deposit, after interrogating the witness about the signals that characterize that object, it will be shown to acknowledge and sign it as far as possible.
Article 579.- If the declaration refers to a fact that has left permanent vestiges somewhere, the witness may be driven to him to do the explanations. suitable.
Article 580.- The diligence shall be concluded, the witness shall be read to the witness, or the person shall read it if he or she would like to ratify or amend it. The witness will then sign that statement or do so for the person who is legally accompanying him.
If you do not know or want to sign, this circumstance will be stated in any case and your fingerprints will be taken.
Article 581.- Whenever a statement is made to a minor, a relative of the defendant, or any other person who is suspected of being absent from special circumstances This will be recorded in the minutes, or if it is accurate or accurate.
Article 582.- To those under the age of eighteen, instead of demanding them protest to speak truth, they will be urged to say it.
Article 583.- If of the instruction there are sufficient indications to suspect that any witness has been produced with falsehood, or has manifestly contradicted itself in its declarations, will be immediately consigned to the Public Ministry; they will be sent to press the pieces of conduct for the investigation of the crime without therefore suspending the cause that is being followed.
Article 584.- When any person who can testify about the crime, his or her circumstances or the person of the defendant, the judge, is absent from the court, of the parties, shall be able to take the witness at the same time as it is strictly necessary for him to give his statement.
Article 585.- The judge may dictate the providences necessary for the witnesses not to communicate with each other, or through another person, before he gives up his statement.
Of The Cares
Article 586.- The witnesses ' careings of each other, and of these with the offended, must be practiced during the instruction and as soon as possible, without prejudice to repeat when the judge considers it appropriate, or when new points of contradiction arise.
Whenever you request it, you will be charged in the presence of the judge, with whom you are against.
Article 587.- In any case, only one witness shall be charged with another, with the prosecution or with the offended; if this diligence is carried out during the instruction, it shall not be brought to it. more persons than those to be deprived, the parties and the interpreters, if necessary.
Article 588.- More than one careo will never be shown on one diligence.
Article 589.- The careos will be practiced by reading, in the way, the statements that are repudiated contradictory by calling the attention of the carees on the points of The truth is that the truth is that they are reconvinced and that the counterclaim can be achieved.
Article 590.- When any of those who are to be loaded, are not found or reside elsewhere, or are out of square, the citation or exhort shall be issued. for you to appear.
Article 591.- Every person who has to refer to another in his or her declaration or in any other legal act shall do so in a distinct and distinct manner that leaves no doubt, in respect of the person who points out, mentioning his name, surname, room and other circumstances which may be disclosed to him.
Article 592.- When you declare the data referred to in the previous article to be ignored, but manifest being able to recognize the person if presented to you, the confrontation. It will also be practiced, when the declarant assures to know a person and there is reason to suspect that he does not know it.
Article 593.- When the confrontation is practiced, it will take care of:
I.- That the person who is the object of it, does not race, or disfigure, or clear any traces or signals that may serve to the person who has to designate it;
II.- that the one is accompanied by other individuals dressed in similar clothes and even with the same signs as those of the confronted, if possible, and
III.- that the individuals who accompany the person to be confronted are of the same kind, attended to their education, manners and special circumstances.
Article 594.- If any of the parties ask that further precautions be taken than those prevented in the previous article, the judge may agree to them, provided they do not prejudice the truth or appear useless or malicious.
Article 595.- The person to be confronted may choose the place where he should be placed among his companions to this diligence, and ask to exclude from the meeting the person that looks suspicious to you. It is left to the judge to grant or deny the petition.
Article 596.- Confrontation diligence will be prepared by placing in a row the person to be confronted and those who accompany it. The declarant will be taken to the protest of telling the truth and will be questioned:
I.- If it persists in its previous statement;
II.- If you previously knew the person who attributes the fact, if you met it at the time of the execution of which it is found, and
III.- if after the execution of the fact you have seen it, in which place, why it causes, and why.
The declarant will then be taken in front of the persons who form the row; if he has claimed to know that of whose confrontation it is, he will be allowed to recognize it In fact, it will be prevented from touching with the hand to the appointed one, manifesting the differences or similarities that it warns between the current state and the one that it had in the time to which in its declaration it refers.
Article 597.- When multiple declarants or people are confronted, so many acts will be verified, separated as the confrontations to be done.
Article 598.- The presumptions or indications are the circumstances and background that, in relation to the crime, can reasonably found an opinion on the existence of the facts investigated.
From the legal value of the test
Article 599.- Judges will appreciate the evidence subject to the rules contained in this chapter.
Article 600.- The one you claim is required to test. So is the one who denies when his denial is against a legal presumption or involves the express affirmation of a fact.
Article 601.- Cannot be condemned to the defendant but when it has been proven that the crime existed and that he perpetrated it. If these facts are proven, the defendant will be presumed to have acted with him, unless the contrary is found or the law requires the intentional intent of the crime.
Article 602.- If in doubt, it must be cleared.
Article 603.- The judicial confession will make full proof, when the following circumstances are present:
I.- That the existence of the offense is fully proven;
II.- To be done per person over eighteen years, against them, with full knowledge and without coercion or violence;
III.- that is self-made;
IV. To be made before the judge or tribunal of the case, or to the agent of the public ministry who has practiced the first steps, and with the assistance of the human rights defender in all cases, and
V.- that is not accompanied by other evidence or presumptions that make it implausible in the court's judgment.
Article 604.- The public instruments will do full proof, except for the right of the parties to make them false and to request their collation with the protocols, or with the files existing in the files.
Article 605.- Private documents will only be fully tested against their author, if they are judicially recognized by him or have not objected to them despite knowing that they appear in the process. Those coming from a third party will be estimated as presumptions.
Article 606.- Private documents, checked by witnesses, will be considered as testimonial proof.
Article 607.- The judicial inspection, as well as the result of the search, will provide full proof as long as the requirements of this Code are met.
Article 608.- The evidentiary force of any expert judgment, even the collation of letters and the opinions of scientific experts, will be qualified by the courts, according to the circumstances.
Article 609.- To appreciate a witness's statement, the judges will consider:
I.- That the witness is not deft by any of the causes noted in this Code;
II.- that for your age, suitability, capacity and instruction, you have the necessary criteria to judge the act;
III.- that because of its probity, the independence of its position and personal history, has complete impartiality;
IV.- that the fact that it is treated is plausible and liable to be known by way of the senses, and that the witness knows it by itself and not by inductions or references of other;
V.- that the statement is clear and accurate, without doubt or reticence, already on the substance of the fact, already on its essential circumstances, and
VI.- that the witness has not been forced by force or fear, nor driven by deception, error or bribery. The judicial award will not be repudiated.
Article 610.- The statements of two working witnesses shall be fully tested, if the following requirements are met:
I.- That they agree not only on the substance, but on the accidents of the fact they refer to; and
II.- That they have heard the words or seen the fact about which they lay down.
Article 611.- They will also make full proof of the statements of two witnesses if they agree on the substance, do not agree on the accidents, if these, in the judgment of the court, do not modify the essence of the fact.
Article 612.- If by both parties there are equal numbers of contradictory witnesses, the court will decide for the saying of those who deserve greater trust. If everyone deserves it the same and there is no other proof, it will absolve the defendant.
Article 613.- If, on the one hand, there are more witnesses than on the other, the court will be decided by the majority, provided that all the same reasons are confidence.
Otherwise, he will work as he considers it of justice by reasoning his opinion.
Article 614.- Produces only presumption:
I.- Witnesses that do not suit the substance; the hearing and the statement of a single witness;
II.- the statements of singular witnesses, which are about successive acts concerning the same fact;
III.- public fame; and
IV.- the unspecified tests referred to in the last part of Article 522, provided that they are not distorted by any other means of those specified in the six fractions of the same article.
Article 615.- The courts, according to the nature of the facts, the proof of them and the natural link, more or less necessary, that exists between the known truth and the one that is seek, appreciate the value of the presumptions until they can consider their set as full proof.
Of determinations to be made when in the judgment of the judge, the instruction is completed
Article 616.- The instruction shall be conducted as soon as possible, in order for the prosecution to be tried before four months if it is a crime whose penalty does not exceed two months. years of imprisonment and before a year if the penalty exceeded that time, unless he requests more time for his defence.
Article 617.- When the judge has completed the instruction, order that the cause be brought to the view of the parties, successively, for the term of three days to promote the proceedings which they are entitled to take and which may be carried out within 15 days.
Article 618.- Transactional or waived the time limits referred to in the previous article, or if no evidence has been promoted, the judge shall declare the instruction closed and send to put the cause at the sight of the Public Ministry and the defense, so that in the term of five days for each one, they formulate their conclusions. If the file exceeds one hundred sheets, for every 40 excess or fraction, one more day will be increased at the end.
Article 619.- When any defender does not make any conclusions within the term of the transfer, the judge shall record it in the proceedings and declare that they are of guilt.
Article 620.- The defense when not represented by a lawyer, may, when submitting its written conclusions, not be subject to any special rules.
Article 621.- When the Public Ministry does not issue an indictment, the judge will refer the process to the Attorney General to express, within the 10-day term, if he confirms the pediment, or modifies it by ordering the charge.
When the Public Ministry makes conclusions, it does not understand in them any crime that is proven of the instruction or will omit any circumstance that could attenuate, If the penalty is to be significantly aggravated or modified, the judge will make the final judgment notice in these circumstances and inform the Attorney General of the legal effects that they have.
Article 622.- If the attorney's request is not an indictment, the judge, upon receipt of the request, will give an order of dismissal in the case and order the immediate release of the processed, sending the case file.
The mentioned order will produce the same effects as an absolute judgment.
Of the procedure before the judge
Article 623.- If the conclusions of the Public Ministry are to be charged and the crime of the judge's jurisdiction, the deadline for the defense to present its own, will be A hearing shall be held within a third day, which shall be verified either by the parties or not. They may rely on the hearing, which may be appropriate.
Article 624.- The citation for the hearing produces subpoena effects for sentencing and the judge will rule within the next eight days.
Article 625.- If during the hearing the criminal action is withdrawn, it will be suspended so that the Prosecutor with a report from the Public Ministry will decide if confirms or modifies the order of his agent, within the term of ten days.
Article 626.- The sentence of conviction shall determine, where there is a place, the loss of the objects, or instrumentalities of the offence which have served for their perpetration, if they are property of the sentenced person and the return to his owners or legitimate owners, of which they have been usurped; the destination to be given to the products of the same shall also be specified.
From the Pretrial Procedure to the Ordinary War Council
Article 627.- If of the conclusions of the Public Ministry it appears that the cause is of the competence of a War Council, the judge will communicate it to the Commander of the Garnish of his membership, to quote the trial through the General Order of the Plaza, expressing the names of the President and the vowels that must be formed by the judge, agent and accused.
Article 628.- The Commander of the Garrison will communicate to the judge the date of the conclusion of the trial before the Council, in order to notify the parties and send him a copy of the call for it to be added to the cars.
Article 629.- The citation for the hearing before an Ordinary War Council must be made, in any case, pointing to a term that should never be less than three days, nor greater of ten.
Article 630.- Whenever for any reason a new day is indicated for the meeting of the War Council, the names of the members of the War Council shall be expressed in the same order. the respective notifications must be made by the court.
Article 631.- In the Garrison of Mexico Square, Federal District, the War Councils will know of all the causes of their competition, for a rigorous shift, for which will carry a record book in that office.
Article 632.- Within forty-eight hours after the notification of the car for which the day is being made for the meeting of the Council, the The Public Ministry and the defendant or his/her advocate may display the list of witnesses, which they believe it is appropriate to present, so that, in addition to those who have been declared in the process, they will be examined before the same Council.
Article 633.- The list that the defendant present may contain all the witnesses that it is appropriate for him to present, not only on the facts, because he is judged, but also about his honesty, morality and good background.
Article 634.- When the order for the Council meeting is issued, the experts and witnesses who have been examined in the process will be sent to the Council. they are located at such a distance, that, without prejudice to the service, it is possible to obtain their attendance at that event, on the day designated for verification.
From the Ordinary War Council trial
Article 635.- The day and time designated for the trial, the President of the Council, owner or alternate, will call all who must compose it by list. If some of the members ' members are missing, the Council shall be definitively integrated with the alternate or alternate members to whom the President of that court appoints, having regard to the provisions of Article 14. If the number of joint owners and alternates necessary to install the Council has not been met, a quarter of an hour shall be dissolved, and the meeting, and the president, shall account for the Commander of the Garrison. In order to indicate a new day for the hearing, it shall impose any disciplinary corrections which it considers to be fair to the phaltists, provided that they are lower in category, but, if not, make reference to this in the party, to the effect that those corrections are imposed by the competent authority. If those who have not been present when the list is passed are present before the meeting has been dissolved, the meeting shall take place in the form previously prevented, but those shall be admonished by the appropriate person, if not justified by the cause of their delay.
Article 636.- The judge, his secretary, the representative of the public ministry and the human rights defender, to whom it is appropriate to intervene in the trial in question, must always attend to the latter; and in respect of the lack of assistance of any of them, the supreme court and the Attorney General shall observe the provisions of the foregoing article.
Article 637.- The defendant must appear before the Council; if he refuses to do so, the judge will intimidate him, in the name of the law, to do so, by doing so. In the process, this intimation and the response of the accused person. If the defendant refuses to appear, the President of the Council may order that he be led by force or that the debates should be carried out, or that the reason for his resistance should be read. If the defendant justifies being prevented from attending the hearing because of illness, the president, in the light of the circumstances, will of course resolve, if the trial is suspended until such an impediment ceases, or if the trial continues with only the assistance from the defender.
Article 638.- The human rights defender is also obliged to attend the trial; if he does not do so and is of his own office, he will be disciplined by the head of the body and will be made aware of its failure to be prosecuted, if it has appeared, to name another or other defenders; to this effect it shall be shown by the president, a list of the defenders of trade and of the officers francs, who have attended the hearing, and another of the other persons who are present and in aptitude for perform the defense.
If under any pretext, the defendant will refuse to appoint a new human rights defender, or appoint any who are not present, or which standard has legal impediment to (a) to be in charge of the defence, or not being obliged to accept it, does not accept it, the same president shall appoint as an advocate any of the trade or concurrent persons who are to hold such a post, or who, having an aptitude for doing so, shall do so; voluntarily. Where neither the defendant nor his defender has appeared, the same designation shall be made, without prejudice to the imposition of the disciplinary punishment on which he has incurred, or his responsibility for the first, both in this case and in the previous. The same will be observed when the defender is present after the hearing, and can then occupy his post, without this reason altering the course of the hearing.
Article 639.- Stating the judge, his secretary, the representative of the Public Ministry and all the members of the Council, the President of the Council shall declare the court and open the public session. He continued to order the secretary of the Council, to read the following article and 785, and ask the vowels if they have any cause to propose, in accordance with the provisions of those articles; in the case of affirmative answers, shall proceed in accordance with the provisions of Article 785, and the other shall do so where the excuse is proposed in the course of the hearing, by virtue of a known cause for reading the proceedings or for the purposes of the proceedings.
Article 640.- When one of the members of the Council is not excused and appears in the act or subsequently, which has due to do so, or when it shall be excused for no legitimate reason or on the grounds that he is false, will be punished disciplinarily or put on trial, according to the seriousness of the case. The parties are empowered to disclose these acts and to request that they be in the act to assert their rights in their opportunity.
Article 641.- Admitted to the impediment of those who have been excused and replaced, in accordance with the law, shall be observed with those appointed for that purpose, as prevented by the law Article 785.
Article 642.- Installed by the Council, the defense or the Public Ministry may challenge the composition of the court, because the legal precepts that determine it have been infringed. Hearing the view of the opposing party to the challenge, the Council will resolve the incident in a flat and no way. If it is stated that the person has not been well integrated, the president shall suspend the hearing and the judge shall take into account what has happened for the purposes of the due integration or the new call, to the Commander of the Garrison, for this to proceed. in accordance with his powers; if the decision is contrary, the person who considers himself to be aggrieved shall have the right to have all of the events recorded in the minutes, in order to be able to plead in his opportunity.
Article 643.- In the absence of any objection to the formation of the council, or the negative resolution that has been formulated, the president shall pass a list of the experts and witnesses who must have been summoned in accordance with the provisions of this Code. If not all, and any party, by believing that the assistance of the missing persons is indispensable, shall ask, expressing the reasons in which the hearing is founded, that the hearing be deferred, the board shall decide without any appeal whether or not it is Access to that request. In the first case, the meeting shall be dissolved by giving part to the commander of the garrison who has convened the meeting to indicate the new day in which the meeting is to take place, without prejudice to the imposition of the penalty on the phaltists, who is responsible for, and who is in charge of, all expenses arising under the new appearance of the other persons who, without belonging to the military court order, are obliged to attend the hearing. Without the presence of the Public Ministry or the human rights defender, the trial cannot be held, which should be suspended by giving the notices that merit has been made and by communicating the lack of the social representative to the attorney general, in order to cover his or her faculties.
Article 644.- The provisions of the foregoing article do not prevent the president, finding the witness or expert at the place of the trial, from ordering that he be led to the hearing by the public force.
Article 645.- Only for once may the judgment be deferred for lack of a witness or expert. Consequently, if the parties or the Council are to be found to be missing the second summons, they may be required to extend their declaration in the terms of their wish to the party which deemed necessary for their presence in the trial and before. of the day again marked for this one.
Article 646.- If before the discussions are closed the witness or expert who has been missing will be allowed to verbally expose their excuses, and in view of them, confirm or lift the punishment imposed on him.
Article 647.- If all the witnesses or experts are present or have been declared that despite the absence of any or some of them, the hearing, the president will ask the defendant his first and last name, his age, state, profession, domicile and place of birth. These same questions shall be addressed separately, to each of the defendants, if they are several, according to the order established by the same official, so that each one, also separately, is subject to the examination; immediately, and in his own way, he will urge them to come true, making them see the advantages that they will be able to bring to them; they will warn them that they have the right to say everything that they see fit for their defense, keeping the respect due to the law and the authorities, and the question the facts which will give rise to his presence in the Council.
Article 648.- The judge's secretary will then read the procedural constances that justify the body of the crime; to the conclusions made by the Ministry Public and by the defense; and finally, to the decree in which the council has been sent together.
The parties may ask and the president to order, to be read to any other constances of the process, either immediately after the conclusion of which this article prevents, or already in the course of the debates; but never during an interrogation, nor while it is being read to other constances, or when another party is making use of the word.
Article 649.- Termination of the reading referred to in the previous article, the examination of the witnesses and experts who have been declared in the process and the witnesses shall be carried out included in the lists which the parties have submitted, in accordance with the provisions of this Code. The witnesses of charge shall be examined before the discharge witnesses, and all those who have been declared in the proceedings, before those referred to in those lists.
Article 650.- The President of the War Council will be vested with a discretionary power for the direction of the debates, under which during the hearing and in all that the law does not expressly prohibit, it will have the power to do everything it considers opportune for the clarification of the facts; the law leaves to its honor and to its conscience the use of the means that can serve to favor the manifestation of the truth.
For the purposes set out above, the President of the Council, from the day on which it has been convened, may take place at the relevant court, in order to impose itself on the to intervene, without prejudice to the power to give the hearing address, in whole or in part, to the judge.
Article 651.- With regard to the examination of witnesses and experts and performance of interpreters, the provisions contained in Chapters XI shall be observed as far as they are concerned. and XIII, Title II, of this book, in all that which is not expressly prevented in this chapter.
Article 652.- The experts will be examined in the same way as the witnesses; but when the president considers it appropriate, he may order that they attend the hearing or she, or who declare in the presence of each other.
Article 653.- Documents and objects that may serve as pieces of conviction and discharge shall be presented to the defendant and to witnesses and experts as they are examined by the president, asking them to ask questions about such documents or objects and giving the secretary a preliminary reading.
Article 654.- The parties may direct any of the witnesses or experts, immediately after they have been questioned by the president, and through the president, or directly, with your permission, the questions and comments you consider appropriate. They may, in addition, state to the council how much they believe they are useful about the impartiality and good reputation of the witness or expert, or of the veracity which must be attributed to his saying, without being used for such insulting or offensive words.
Article 655.- The vowels of the council may by themselves, by asking the president or through him, question witnesses, experts or defendants, making them as many as possible. questions create drivers to illustrate your opinion; but taking care not to give you an understanding of which one might be.
Article 656.- Witnesses may not interpate with each other. The careos which result between them shall be practiced when the president alone or at the request of the parties considers it necessary.
When requested by the defendants, they will be charged with those who are against them.
Article 657.- After all the witnesses have declared, the president may, on his own, at the request of the parties or the vowels of the council, send some of them to withdraw from the hearing and that those appointed to remain are heard again, be it in the presence of one another, already separately.
Article 658.- If the examination of a witness or expert in the course of the hearing appears sufficient reason to suspect that he declares with falsehood, the president will order that read, in whatever way, the provisions of the Second Book of this Code and of the Criminal of the Common Order, concerning falsehood in judicial declarations; at once it will ask the person in question, if he insists on what I will just declare. If yes, a request from the Public Prosecutor's Office will of course be stopped, extended by the judge, a record of the questions addressed to him, his answers and the reasons that have made him a suspect of false testimony. These minutes and the detainee shall be taken to the appropriate authority.
Article 659.- The consignation of the above article shall not be made, if the witness or expert spontaneously retracts his statement before the discussions are closed, In this case, only a warning will be given to him; but if he will fail the truth by retracting his statements, if that will be done.
Article 660.- Concluded the examination of experts and witnesses, the Public Ministry will formulate its accusation, according to its conclusions.
As a general rule, the conclusions of the representative of the Public Ministry, when formulating its request, will be based on those that have been presented, but may nevertheless withdraw, modify or allege other different But only when there is a supervenient cause and as long as it is not another offence or offences indicated in the formal prison order and exposing with specialty before making use of the word to pronounce its requisition, the reasons in that it merges to proceed that way.
It is absolutely forbidden to the Public Ministry to insult the defendant in any way or to direct denuestos to the defense, by making use of the word, according to the provisions of this Article.
Article 661.- The defense shall be heard immediately; the defense may state how much it believes in favor of its interests, based on the legal assessment of the facts attributed to the defendant, (a) what has been set out in his Opinion on that particular subject, which may be amended in cases where his judgment has been changed by virtue of the proceedings in the hearing, the conditions of guilt of the defendant or where the defence is represented by a different person from whom the findings were made . The franchise referred to in this last part may only be used before the Public Ministry takes the floor to base its charge; but if this official has modified its findings, the human rights defender may do so at a later date. let you know the change.
Article 662.- The Public Ministry will be able to replicate the defense, as many times as it deems appropriate, and that, in such a case, will be able to use the word for the same number of times.
Article 663.- If several defendants ' defenders are forced, or several defendants are jointly sponsored by two or more defenders, only one of the defendants will speak every time that person. the right to do so, in accordance with the three preceding articles. This will not prevent other defenders from intervening in the hearing, in the way this chapter prevents.
Article 664.- After the parties have finished speaking, the President of the Council will ask the defendant, if he wishes to make use of the word, and in case of a reply Yes, you will be granted. The defendant, in such cases, has no more limitation than respect for the law and the authorities, and must also refrain from insulting anyone else.
Article 665.- The president will then declare the debates closed, and the judge will issue an interrogation according to the following rules:
I.- The questions will relate to the facts that have motivated the process, and in no way to others other than them; and will be based on the findings of the Public and the defence, and in the procedural constances;
II.- If in the conclusions formulated by the parties there are some contradictory, the judge will declare it so and if however that statement, the party that has I will not withdraw both or any of them, so that such contradiction will disappear, none of the contradictions will be included in the questionnaire;
III.- the facts alleged in the conclusions of the Public or Defense Ministry, which do not constitute an exclusive or qualifying circumstance, of those determined by law, or which do not contain all the elements required by it for such circumstances to exist, shall not be included in the interrogation;
IV.- When the conclusions of the Public and Defense Ministry are contradictory to each other, the necessary annotations will be put in the interrogation so that the it will be in contradiction;
V.- when the facts contained in the conclusions of the Public or Defense Ministry are complex, they will be divided into the questioning in how many questions are necessary, for each to contain a single fact;
VI. No questions about the age or sex of the accused, the victim or the offended or whether the elements of the criminal type are duly verified, nor about any other procedure or evidence of their own. exclusively of the procedure, nor on circumstances that may motivate the attenuation or aggravation of the penalty.
The facts referred to in this section will be considered by the judge in his judgment subject to the rules of the legal test, provided that they have been the subject of the conclusions of the parties, with the exception of the causes of attenuation which they can appreciate even if they have not been alleged;
VII.- The first question of the interrogation will be formulated in these terms: " The defendant N. N., he is guilty of ........ (The material fact that constitutes the crime in question will be settled here); and if the crime is determined to require the concurrence of different facts or elements, this question will be repeated as many times as it is necessary to do so. a separate reference to each of them;
VIII.- The questions relating to the constitutive, exclusive and qualifying circumstances will be placed in the order in which they are mentioned.
If, in order for one of these circumstances to be constituted, the concurrence of various facts or elements is required, the same will be observed that for this case has been established before, in how much of the first question;
IX.- In the case of having to include any exclusionary circumstances in the interrogation, the first question of it will be formulated in these terms: " Is the defendant N. N. such fact? " In such a case, the affirmative answer to that question will be the guilty plea, when the exclusionary or all the alleged exclusionary is voted negatively;
X.- In front of each of the questions relating to the circumstances that have occurred in the commission of the offence, the word shall be put: "made material," "constitutive," "exclusionary," "qualifying," according to the quality of the circumstance contained in the question.
Article 666.- For each defendant, if there are several, different cross-examination will be formed according to the rules set out in the previous article.
Another will be done for each offense of those attributed to the same defendant, when the facts in which those are made consist of different ones.
Article 667.- The Public Ministry and the defense can combat the drafting of the interrogation. The judge shall decide whether or not to amend it, and if not, the person who has asked for the amendment shall be entitled to the record of this incident, in order to be able to do so in a timely manner. If the president or some or some of the vowels are not in agreement with the questioning on which the vote is to be held or with any or some of the questions contained in it, the judge shall decide whether to change it; and whether the decision shall be taken. In the affirmative, the same judge will make the modification according to the objections, reading to the new interrogation. The parties, in this case, may also exercise the rights entered before in this provision.
Article 668.- Formulated and read the questioning by the judge, and made the modifications to which the article above refers, or sent to take reason in the act, of this incident, the president of the council, being all the concurrent in standing and the escort tertiary the arms, will take to the vowels the following protest:
" Do you, under your word of honor, protest the questions that are to be subject to you, in accordance with the laws of matter, without regard to the fate that may fit the process, looking only for the preservation of discipline and for the prestige of the National Army? ".
When the vowels have given their affirmative answer, the president will protest in turn, saying: I PROTEST UNDER MY WORD OF HONOR TO RESOLVE THE ISSUES THAT WILL BE SUBJECT TO ME. other content after this word in the formula above.
Article 669.- Act continued, the president will suspend the public session, and enter with the other members of the council in secret session, in which the process will be in view, documents and objects which have served as pieces of conviction. From that moment on, the members of the council may not communicate with the judge, but in the presence of the parties, when they believe it is appropriate to call him to consult him on some point of law, or concerning the drafting of the interrogation, be separated from the deliberations room before the decision is given, which must be terminated by the hearing.
Article 670.- The president shall impose the disciplinary corrections that he deems relevant to any of the vowels that leave the deliberations room, before the the decision of the council is to be published or communicated to another person other than the judge, or to the same person, outside the cases provided for in the preceding article. Equal penalties must be imposed on a different person of the judge who in those same circumstances communicates with the vowels; and all those who do not prevent such communication, having the duty to prevent it; unless the offenders of this The Commission will not be able to do so, but it will not be able to do so.
Article 671.- The council, once constituted in a secret session, shall proceed to the deliberation and vote of the interrogation, subject to the provisions of the articles next.
Article 672.- The president will read to the vowels the questions contained in the interrogation on which they are to vote, submit them to their deliberation and proceed to collect the questions. votes on each of them in the order in which they are formulated, beginning with that of the vowel who is to perform the duties of the secretary of the council and concluding by his own, but seeking to follow a hierarchical order of less than above.
Article 673.- When each of the questions is voted on, the result will be settled at the bottom of it, clearly expressed if it was unanimously or by a majority vote and how many votes. The interrogations shall be covered at the end of them with a single signature of each of the vowels; but the latter, who votes against the majority, shall record in front of them their vote on the question or questions referred to in paragraph 1. of that majority.
Article 674.- None of the board members may abstain from voting. The decisions of the latter will be those that will bring together in their favor the unanimity or majority of votes.
Article 675.- If the defendant is found guilty of a crime, in the vote, either because the question or questions relating to the fact or facts have been negatively voted on. The Court of the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court held that the Court of written the answers.
Article 676.- If the vote on the relative questions of the interrogation has been in the sense of declaring guilt, the vote will be collected on of the other questions.
Article 677.- Concluded the vote of the interrogations, the judge will pass with its secretary, the room of deliberations to pronounce the sentence that corresponds to all the offences declared by the council; the judgment of which shall contain only the operative part. Within five days of the hearing, the judge will sentence the sentence.
Article 678.- Of all that happened during the secret session, a record shall be drawn up by the secretary of the council in which it shall also be expressed, provided that it is a vote different from those which must be recorded in the examination or following the meaning in which each of the members of the same court has voted, who in the event of non-conformity with the said minutes may express it at the foot of it and under its signature.
Article 679.- The council resolution shall be read in full and publicly in the hearing room, by the judge, all members of the council being present, standing, and the escort presenting the weapons.
Article 680.- If the Inculpability statement had been made, the judge will then have to release the accused person, if they should not be stopped by another cause. The sentenced person shall also be released to whom he/she is to be sentenced.
Article 681.- The reading of the resolution in the hearing room, will take the form of the effects of the notification in form, as to the parts that would have been present in the The Council is of the opinion that the Council is not at that time. In the same act, the defendant will be made aware of the right he has to appoint an advocate in the second instance.
Those who have not attended the hearing will be notified of the decision by the court within twenty-four hours.
Article 682.- Everything that occurred from the installation of the council to the publication of the judgment, must be recorded in a record raised by the judge's secretary and under the address of this. It must be stated forcefully:
I.- The place, day, month, and year in which the hearing will be performed;
II.- the names of the members of the board, the judge and their secretary, and the parties;
III.- the names and surnames of the members of the board who have alleged impediment, expressing themselves whether they were admitted or disposed of, as well as what the alleged was;
IV.- the variations or extensions that witnesses or experts have made in the hearing;
V.- the variations that the Public Ministry or the defense have made in their conclusions, settling the reasons for this, and
VI.- the incidents that occurred during the public session and the resolutions that have been issued by the council, its president, or the one that will make its cases, in their respective cases.
Article 683.- The minutes referred to in the previous article shall be lifted before the council enters a secret session, and shall be delivered to it signed by the president, the judge, and the parties, after it has been approved, or put on record the objections made to it or the protests to which it shall take place.
Article 684.- Whenever the council has to resolve the suspension of the discussions, or any other of the incidents that may occur during the hearing, will do in secret session.
Article 685.- The president of the council has the power to suspend the hearing for the time necessary to rest the officials, employees and other persons. The Court of State held that the Court held that the Court held that the Court held that the Court held that the Court held that the Court held that the Court held that the Court of State held that the Court of But if such a suspension would bring the judgment, for a term of more than twenty-four hours, it would be for the council to decide on that particular; if it did so in the affirmative, the view of the proceedings would start again in the day and time is indicated by the competent authority.
Article 686.- When of the documents filed or the witness statements during the hearing, it appears that the defendant is criminally responsible for other facts (a) the Council, acting in accordance with Article 1 (1) of Council Regulation (EU) No No 1 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council, she.
Article 687.- The members of the war council are not required to adjust their procedures and determinations to the opinion of the judge, who will only be able and must issue it, when those who ask for it.
From the audience police
Article 688.- The hearing police will be in charge of the President of the Council, whose orders the escort will be placed that leads to the prosecution and any another force whose presence is required at the site.
As long as the president is in the deliberations room, the hearing police will be in charge of the judge and in the absence of the judge, of the Public Prosecutor's Agent, having any of them in those moments, the same faculties as the president.
Article 689.- The hearings shall be public, except as provided for in Articles 692 and 918, and the FRF officers of the garrison shall be present.
Article 690.- All those who do not officially intervene in the trial, regardless of their military or civil status, will occupy the seats in the hall. to the public. On the platform intended for the council, only the members of the council, the judge, its secretary, the official or officials representing the Public Ministry, the defenders of the defendants and the employees necessary for the service may be present.
Everyone who infringes this provision will be admonished by the president and if he reincites, he will be made to leave the salon.
Article 691.- All those attending the hearing shall be kept, while remaining in it, with respect and in silence, not to bear arms, if not military, " It is forbidden to give signs of approval or disapproval and to express or express opinions on the guilt or innocence of the accused, on the evidence that has been given or on the conduct of any of those involved in the trial. The transgressor of this precept, shall be admonished by the president; if he reoffend, he shall be expelled from the hall, and if he resists to abandon him or return to him, he shall be detained for twenty-four hours in quality of arrest.
Article 692.- If in order to prevent or hinder the course of justice in any way, a tumult will occur, the president will remove the perturators from the room. order, be those who force them, by entering them, at the time of the Public Ministry.
When it is not possible to restore order by the means prescribed in this article and in the previous article, the president may send the concurrent members of the hearing room and which is to continue behind closed doors.
In case of resistance, the official will make use of the public force to enforce its determinations.
Article 693.- The president may withdraw from the hearing and return to the prison any defendant who, with clamors, or by any other means of his own to cause tumult, to hinder the free exercise of justice, or to disrespect due to the law or the authorities. In this case, the debates will proceed and the ruling will be delivered with only the presence of the human rights defender, and the judge will be informed of the decision, through the judge.
Article 694.- If the defendant's defender disturbs the order or insult or offend any person present, or will disrespect due to the law or the law the authorities, the president shall warn him, and if he reincites, he shall send him out of the hearing room, at the same time imposing the disciplinary correction which he considers appropriate, or shall give a party to the appropriate authority, if he should be expelled from a category equal to or greater than that of the President and of trade; and shall proceed with the defendant, as provided for in Article 638.
Article 695.- If the one who committed these faults is a representative of the Public Ministry, the president will call attention to him and if he reincidiere he will give notice to the Attorney General for which is appropriate in accordance with its powers.
Article 696.- The President shall take the necessary precautions to prevent witnesses from conferring with each other on the offence or the defendant, before they are calls to declare.
Witnesses and experts who have attended the hearing, shall remain as long as they are not called to the hall or the president does not dispute anything else, in the specially designed piece for this, without being able to leave this place or communicate in writing or in writing, with any person from outside.
The one that infringes any of these provisions, being understood by the infringer of them to communicate with the witnesses and experts and to prevent this communication, having their own the obligation to prevent it, shall be punished by the President of the Council, or, where appropriate, the competent authority.
Article 697.- The defendant, during the hearing, may only communicate with his defenders, with the president or with the persons authorized by him for that purpose, without any case can direct the word to the public.
The breach of that precept shall be punishable in accordance with the provisions of the previous article.
Article 698.- For any hearing, in addition to the escort in charge of the custody of the defendant, the troop that the president of the council considers necessary to enforce its provisions and preserve order.
From the judgment before the extraordinary war council
Article 699.- Provided that the authorities empowered to convene, in accordance with Article 73, a crime of the jurisdiction of a war council is committed extraordinary, that authority, expressing it thus, will consign the presumed responsible with the request of the Public Ministry, citing the individuals who must perform the duties of judge, and secretary of the latter, making the insacculations necessary to integrate the council and to point out for the meeting of this, a term which may not be less than twenty-four hours or more than forty-eight hours.
The military chief shall issue the credentials of those who have been appointed to form part of the council, appointing the person to whom he is responsible. president.
The composition and meeting of the council, will be known by the general order of the square.
Article 700.- The judge, without a waste of time, will make that order known to the alleged person responsible, will require him to name a defender, warning him that in case he does not do so, He shall appoint him, on his own initiative, to take his inquiry, summarily, to carry out the proceedings before the meeting of the council, for the checking of the body of the offence and for the alleged responsibility, In the case of witnesses and experts, they will be given a formal prison sentence. The concept must be heard. The parties may submit to the judge a list of the witnesses which they believe to be appropriate to present at the hearing, in order that, in addition to those who have been summoned by that judge, they shall be examined before the council.
Article 701.- The formal prison order issued in accordance with the previous article is not appealable.
Article 702.- The judge will give the process to the president of the council with the list of witnesses and experts whom he has cited.
Article 703.- Reunited the council, the president shall pass the nominal list of the individuals who must compose it, and the secretary shall read to the provisions of this Code, on the crimes of the competition of extraordinary war councils and on the way to judge those responsible for them.
Article 704.- Once the president declares the council installed, he will summarily practice anything that is applicable to the case, as to the examination of the defendant or accused, witnesses and experts, reading of procedural constances and debates, before an ordinary war council.
Article 705.- The hearing shall only be suspended in the case of an excuse by any of the members of the board, which shall be qualified in the terms of Article 785 or when the same The Council considers that the statement of any witness who is not present or another evidence which cannot be received at the event is indispensable; in the concept that in any such case, the suspension shall not exceed six hours and be observed, when There is a need for this, as forewarned in the two subsequent articles.
Article 706.- When they cannot be brought to the cars immediately, the service sheets or filings of the processed, these documents will be supplied with statements and reports. of the immediate leaders, and if not the members of the military who know them, who will expose what they know about the military personality of those.
Article 707.- In case of injuries, the result of injuries will not be expected for the continuation of the cause; this will proceed with only the check of the body of the offense.
Article 708.- Concluded the debates, the president shall take to the vowels the protest referred to in article 668, declare secret the hearing and in it shall formulate the Next question: "Is the offense charged to the defendant N. N. of the jurisdiction of the extraordinary war council, in accordance with the provisions of the Military Code of Justice?"
Collection of the vote of all members of the council, will be taken in view of it, as appropriate, according to what is prevented in the two articles that follow.
Article 709.- The question specified in the previous article is negatively answered by the council, which will deliver the process and other documents with the minutes The secretary of the judge, if it is permanent, who will continue to know about the matter, according to his competence; and if the judge is not permanent, the council will send the defendant, the process and documents through the chief who summoned him to the judge permanent that has competence.
Article 710.- If the answer is affirmative, the judge shall ask the questions to which the fractions VII and VIII of Article 665 are contracted, according to the provisions of the and the IX and X of the same Article, after proceeding in accordance with the provisions of Article 672 et seq., as soon as these provisions are applicable.
Article 711.- When it is stated that the defendant is guilty, his acquittal will be delivered and the president of the council will have to be released if he is not to remain I would also like to say that I do not know what the Commission has done.
Article 712.- (Repeals).
Article 713.- (Repeals).
Article 714.- In the notification and execution of the judgment, the military authority shall observe the solemnities prevented by this Code and by the requirements disciplinary, as far as they are compatible with the circumstances of the offence.
Article 715.- From the raised record of the hearing, including the judgment, authorized copies will be sent to the file of the corporation's detail to belongs to the processing and to the Secretariat of the National Defense or Navy as appropriate.
Article 716.- The original file will be sent to the Supreme Military Tribunal for review, which will reduce the liability of the officials who have For the purposes of the judgment, if you have given a view to the Attorney General of Military Justice, you will exercise criminal action.
Article 717.- Neither the damning sentence nor the absolute judgment given by the extraordinary war councils are appealable.
Of incidents in general
Article 718.- The exceptions that the defendant will be given will be appreciated in the final judgment, as soon as they are related to the crime, by the court that knows the process, without giving rise to an incident, or a special judgment, but in cases where this Code is expressly determined by this Code.
Article 719.- Military courts will resolve the matter of minor incidents that are promoted and that are not required to be examined.
Article 720.- If the incident is promoted during the instruction and is not to be decided outright, it will be substantially separated by a separate cord. promotion to the party to reply at the latest, within a third day. After this period, whether or not it has been answered, a test term will be opened, if the judge is required to clarify any facts. The test term shall be determined prudently by the judge, without exceeding five days. Whatever happens, the judge will hold, within the next three days, a hearing and after what will be alleged by the parties will rule on the incident within the third day.
Article 721.- If the incident is promoted after the closure of the instruction, the judge, or the Supreme Court, if applicable, if it considers that the parties must be heard, shall do so in hearing; and if it is promoted and tested, it shall receive it in another hearing, in which those may plead; and shall proceed immediately as shall be prevented at the end of the preceding article.
Article 722.- The incidents will not suspend the course of the process, but in cases where the law expressly orders it.
Article 723.- No incident shall be admissible in the first instance after the hearing of the pleadings has been summoned or the war council has been summoned; and in the second instance, after the statement of "seen."
Article 724.- In the extraordinary trials of war councils, no more incidents than excuses and recusal can be promoted according to the rules. established by this Code.
From the competition
Article 725.- Competition contests will be promoted by inhibitions or by decline.
Article 726.- The inhibitory shall be sought before the military authority to which it is established, asking it to direct the court to whom it is deemed incompetent, to be (a) shall inhibit and refer to the proceedings which it has taken.
Article 727.- Decline that cannot be promoted in ordinary trials, before the instruction is closed, will be proposed to the court to whom it is considered incompetent, asking him to abstain from the knowledge of the business and make equal remission of the proceedings to the competent.
Article 728.- The party that has promoted the competition by one of these means, may not abandon it and adopt the other, neither interposing simultaneously nor successively, owing be subject to the outcome of the chosen one.
Article 729.- The one that promotes the competition, of any of the two remaining modes, will protest in the written in that it does, that it has not used the other.
Article 730.- In the trade of inhibition that is free, a copy of the document in which the order has been requested, as set out by the Public Ministry, will be inserted from the order that has been placed and of the other constances deemed necessary to establish the jurisdiction.
Article 731.- Received the trade of inhibition, the judge will hear the parties who before the litigate, pointing two days at each to evacuate the shipment and to quote a hearing Within 24 hours, in which the incident shall be taken into account and shall be resolved, the parties shall be present or not.
Article 732.- If you access the inhibition, you will immediately, and if appropriate, transmit the cars to the processed or processed, to the authority or tribunal that has been proposed, with summons from the parties.
Article 733.- If the requested court refuses to be inhibited, it shall communicate its decision to that of the inhibitor, inserting whatever the parties have exposed. the litigate with the other constances it creates necessary in support of its competence.
The requested authority will answer in the unextendable three-day term.
Article 734.- If passed the term stated in the previous article and also the time required for the requesting authority to receive the answer of the required one, according to the It is easy to communicate that between the two, the first of these authorities does not receive such a reply, it will have the competition accepted and it will forward its actions to the Supreme Military Tribunal with a report in which it serves its competence. The competition authorities will also proceed when they hold their competition.
Article 735.- If the requested authority is satisfied with the jurisdiction, the applicant shall participate which in turn holds the jurisdiction or which has been dismissed. of it. This answer shall be given in the term of three days, and if that is not the case, the requested authority shall proceed as provided for in the preceding article.
Article 736.- When, as a result of the offices being directed by the authorities that have contracted, some of them will desist from the competition, the one that does, will forward to the another his performances.
Article 737.- In the event of an injunction, if the two competing authorities have begun to instruct them, they shall continue to keep them separately until, (i) the competition, where appropriate, to cumulation. The authority to whom the person is subject will be able to resolve the incident that is being promoted on the part of the process, on the subject of a captive release.
Article 738.- If the jurisdiction of jurisdiction is promoted during the instruction, it shall only be referred to the court that must address it, testimony of what each authority considers conducive to founding their competition.
Article 739.- Closed the instruction, the competing authorities will suspend their proceedings until the competition question is resolved.
Article 740.- When incompetence is founded on Article 13 of the Constitution, the declinatory may be opposed at all times and will be resolved without the need for processing. This incompetence can be declared by the judge. If the person who is considered competent is opposed, the file will be sent for the case to be resolved, to the Supreme Court of Justice of the Nation.
Article 741.- The steps taken by one or both competing authorities will be firm and valid despite the incompetence of one of them. If it is a matter of constitutional jurisdiction, the proceedings which may be coordinated with the procedure laid down in this Code shall be valid.
Article 742.- When the exception of incompetence is brought, the incident shall be formed by separate cord and the judge shall hear the parties at a hearing to be held within the following three days, lifting the respective act; if proof is promoted and the judge considers it, it shall be received at the hearing. The judge will rule no later, within three days.
Article 743.- When the decline is opposed, the procedure will be suspended, the incident being processed to hear the parties and resolve as the previous article prevents; and Incompetence shall be declared, the action shall be forwarded to the appropriate authority.
From accumulation and separation
Article 744.- The accumulation has the effect of the same court, knowing and deciding in a single sentence of various processes that are instructed against the same person various offences, or against a number of persons for the same offence, or for various related offences.
Article 745.- Accumulation will take place:
I.- In the processes that are instructed in the investigation of related crimes, be they one or more responsible;
II.- on which the perpetrators, accomplices or concealers of the same crime are to be followed;
III.- in which they are still found to be a crime, albeit against a variety of people, and
IV.- in which the same person is to be followed, even if it is a different or an unrelated crime.
Article 746.- Crimes are related:
I.- When they have been committed simultaneously by two or more people gathered, or some as a result of others;
II.- When they have been committed by two or more people in different places or times, if you have preceded a concert for it;
III.- when they have been committed as means to perpetrate another, or facilitate their execution;
IV.- when they have been committed to seek impunity for other less serious crimes or enforcement, and
V.- will also be related to the various crimes that are charged to a defendant, to be initiated against himself, cause by any of them, if they have analogy with each other, in the judgment of the court, and have not been the subject of proceedings until then.
Article 747.- Accumulation can only be decreed when all processes are in the state of instruction.
When any of them are no longer in that state, the judge who has known the process whose sentence causes it to be executed, will send a copy of it to the one who knows the other process, for the purposes of the following Article.
Article 748.- In the cases of the previous article and when the separation of the process has been decreed, the judge who delivers the second sentence, shall be present, when imposing the It is a pity on the matter of accumulation and reoffending.
Article 749.- The accumulation can be promoted by either party.
Article 750.- The cumulation must be promoted before the judge who, in accordance with Article 65, is competent to substantiate all the processes and the incident to which it will be followed by separate cord.
Article 751.- Promote the accumulation, the judge will hear the parties in verbal hearing, which will be verified within three days, and without further formalities, will resolve within three others.
Article 752.- If the backlog is delayed and the processes are in different courts, the judge who has made the declaration will ask the other for the due diligence. (i) the use of the information provided by the Commission in the field of public service;
Article 753.- Received the trade, the parties will be heard in verbal hearing, which will be verified within three days, and the judge will resolve the convenient within another three days.
Article 754.- If the resolution is in favor of accumulation, the requested judge will of course forward the process and the defendants who are in their possession to the presiding judge; otherwise, the office will answer the reasons it has to refuse the accumulation.
Article 755.- If the judge requires, in view of the reasons set out by the requested, to be persuaded that the accumulation is inappropriate, it will decrease its withdrawal and the communicate to the other judge and to the parties.
Article 756.- If the judge who requested the accumulation insisted on it, however the reasons that the requested judge has otherwise exposed, he will communicate it, and both send the incidents with testimony of the actions in the main that they believe necessary, to the Supreme Military Tribunal.
Article 757.- The referral of the above article will be verified within three days of the judges being received by the respective offices, and the Supreme Military Tribunal decide the contest, subject to the procedures laid down for the powers.
Article 758.- Never shall the instruction be suspended for the incident on accumulation, even if the Supreme Court has decided to do so; but the first one is terminated. suspend proceedings until the incident is decided.
Article 759.- Whenever a foreign crime has been committed to the war-time, in connection with other subjects, the jurisdiction has been resolved in favor of the The Court of Justice of the Court of Justice of the European Court of Justice
Article 760.- It is not necessary to build up the processes that follow before courts of different jurisdiction to those of the war-time, with those of this.
Article 761.- If the processes to be accumulated are followed before the same court, the accumulation may be made on its own initiative; and in such a case there shall be no incident.
Article 762.- The court that knows of the accumulated processes may order the separation of them, however, as prevented in the previous articles, provided that they are present. all of the following circumstances:
I.- That the separation is ordered by either party before the instruction is closed;
II.- that the accumulation has been decreed by reason of the processes being followed against a single person for various or unrelated offenses;
III.- to be considered, that if the processes are accumulated, the investigation would be delayed or seriously difficult, with the detriment of the public interest or the processing.
When the separation is decreed, the judge will order the referral of the corresponding cars to the judge who originally has been competent to hear the case.
Article 763.- Against the order in which there is no place for the separation of the processes, no recourse is given; but that order does not pass in the authority of res judicata, and Consequently, the separation can be requested again, for supervenlient causes in any state of the process, before the instruction is declared closed.
Article 764.- The process separation incident will never suspend the course of the process and will be substantially separated, in the same way as the accumulation.
Article 765.- When several courts know of the processes whose separation would have been decreed, the one who knows of the process in which the executing sentence is first pronounced, will communicate it to others for legal purposes.
From suspending the procedure
Item 766.- The procedure will be suspended only:
I.- When the apprehension of the defendant has not been achieved or when the apprehended is absconded;
II.- When after the procedure has been initiated, it will be discovered that a prerequisite must be filled, as provided for in Article 79;
III.- when the process has arrived in the state of being seen on the basis of a war council or of sentencing by the judge and the sentence on a high car has not been received appeal;
IV.- when the processed is found in the case provided for in Article 850, and
V.- in other cases where the law orders the procedure to be suspended.
It will suffice the request of the Public Ministry so that the judge, without any substantial substance, decrees the suspension.
Article 767.- When the cause of the suspension has disappeared, the procedure will continue.
Article 768.- The provisions of section I of Article 766 are without prejudice to the practice of all proceedings to check the existence of the offence, or the responsibility of the fugitive, or to achieve his capture. The escape of an accused shall never prevent the continuation of a process, in respect of the other persons responsible for the crime, who have been apprehended.
Article 769.- You will also proceed in the manner provided for in the previous article, when several were processed, some or all would have occurred in the trial of guarantees and The suspension was granted to them.
Article 770.- Following the procedure for having disappeared the causes mentioned in the sections I and IV of Article 766 and the above mentioned, they will be practiced the proceedings which, for that reason, have not been carried out, without repeating the practice, but when the judge considers it necessary.
Article 771.- When the court of appeal has notice that the procedure has been suspended, prior to the report of the respective judge, it will decide whether or not to continue.
Article 772.- If, when the final judgment is given, some of those accused of the same crime have not been apprehended, the process will be left open for continue it when your detention is achieved.
Article 773.- The recusal with cause expression, is not admissible in the war fuel.
Article 774.- The parties may once again challenge the judicial officers expressed in this chapter with the simple protest against proceeding with the same process. malice and in the terms set forth in this law.
The recusal officials will admit the recusal of the plan, leaving from the point of view of the matter, and will pass the process to the one who corresponds.
Article 775.- Judges and their secretaries are only liable, after the order of the principal, to the hearing of the pleadings before the judge and to the order of the convocation for a meeting of a council; and provided that the recusal is promoted before the one begins or meets the last one. Proposal the recusal will be admitted outright. The parties may use that right only within the next 24 hours, in which they are notified of the order that merit has been made. The challenge must be in writing.
Article 776.- They are covered up to three members of an ordinary war council; but if several defendants are forced, they must agree to exercise that right of the number of such members has never been recused by the largest number of such members.
Article 777.- The following rules shall be observed:For the recusal of magistrates of the Supreme Military Tribunal:
I.- One of those forming the full court will be challenged;
II.- The parties may use this right to the day indicated for the view, but before it begins. In time and form the recusal, the full court will admit it outright, and
III.- The magistrates who know of an excuse, are irrefutable to this effect.
Article 778.- The excuse of the magistrates of the Supreme Military Tribunal, will be presented to the full court.
Integrated, the excuse shall be qualified in the same session in which it is given account, or in the following one if the cause in which it is found is notorious; if it is necessary proof, be granted for receipt, a term of seventy-two hours, and within the following twenty-four hours, the corresponding qualification shall be made.
Article 779. The excuse of the Military Attorney General will be proposed to the National Defense Secretariat, who will qualify the impediment and resolve Seventy-two hours. That of any of its agents will be proposed to the Procurator, who will qualify and resolve it within twenty-four hours, designating the substitute, if any.
Article 780.- The excuse of the secretaries of the Supreme Military Tribunal, will be qualified and resolved by this, in the session itself in which you are aware, or in the following. If the excuse is accepted, it shall replace the person who is prevented from doing so in accordance with the provisions of Article 8.
Article 781.- The excuse of the judges shall be filed with the Supreme Military Tribunal and shall be qualified in the same terms as expressed in Article 778.
While the incident is resolved, the judge will continue the procedure.
Article 782.- The excuse of the judge's secretary will be received by the judge, who will qualify the impediment within the twenty-four hour term, and in case of admission, he will appoint the greater officer to replace it.
While the incident is resolved, the excused secretary will continue to act in the respective process.
Article 783.- The excuse of the president and vowels of the ordinary war council, before it meets, will be proposed before the Supreme Court, within twenty-four hours. the following to which the summons is made to meet, except as provided in the following Article. If the cause of the excuse is not known, and its proof does not exist in advance, nor is the respective letter accompanied, it shall be proved to be excused, within a term not exceeding twenty-four hours and shall be immediately qualified.
Article 784.- When the excuse is proposed by the president or by the vowels of the council, being gathered, and because of the fact that until then it is known for the excuse, will be resolved, of course, by the judge.
Article 785.- The excuse of the vowels of an extraordinary war council, will be proposed at the time it is installed and will of course be qualified by the president of the itself. The excuse of the latter shall be qualified by the head who has convened the council.
If the excuse is admitted, the draw will immediately be performed to replace the prevented or prevented.
Article 786.- Officials referred to in the foregoing articles of this Chapter shall only be excused for any of the causes of impairment expressed in the next chapter.
Article 787.- Defenders of trade shall be excused for the same reasons as the previous article and may also do so, when a human rights defender is involved. They will propose their excuse to the head of the body of defenders, who will qualify her within twenty-four hours by appointing a substitute in case of admitting her.
Of the impediments
Article 788.- They are prevented from intervening in a process with the character of a judge, secretary, representative of the Public Ministry or member of a court:
I.- The one that has a relationship of inbred parentage in a straight line without limitation of degree, or of affinity or collateral within the fourth civil degree with the defendant or who, without acting in the performance of the duties of his office, the complaint, complaint or accusation has been made;
II.- which, without the expressed circumstance, has produced the complaint, complaint or accusation, which motivates or can motivate the formation of the process, or the one against whom it is directed to one of those, whatever the one produces, and in the process of the same process as in which it should be based;
III.- that you have declared as a witness in the process in which you have to intervene with any of the characters specified in this article;
IV.- the one who, in the five years preceding the trial, has figured as a civil party, or as an accuser, without acting in the functions of his office, in another criminal trial against him. defendant;
V.- the one that previously intervened in the same process, with another one of the characters specified in this precept or known of the subject matter of the;
VI.- the one who has a relationship of intimate friendship or serious and manifest enmity with the defendant or with the offended, and
VII.- the person against whom the offence has been committed or who personally resintises its consequences, and the relatives of the latter, in the degrees to which the fraction is contracted.
Article 789.- No military may excuse itself from carrying out the positions or jobs of the administration of justice, but in accordance with the provisions of this Code.
Of absolute freedom
Article 790.- The defendant or his/her advocate can apply for absolute freedom:
I.- When in instruction is demonstrated by full expert proof an exclusionary circumstance of responsibility;
II.- when the data that was used as the basis for having checked the body of the offense has been fully tested, and
III.- when the criminal action is extinguished.
From Freedom to Data Fizzling
Article 791.- In any state of the process, before the instruction is declared closed, the freedom of the defendant may be decreed, provided that, by full proof, justify the fact that the data that was taken into account, in the order of formal imprisonment, or in the process of being subjected to proof of the body of the crime, the alleged responsibility of the unprovoked or one and other circumstances, have been faded.
Article 792.- To substantiate the incident referred to in the previous article, the request made by the person concerned, the judge will subpoena the parties to a hearing within the Five days ' time, and after hearing them, without further processing, will dictate the resolution that comes within the next three days.
Article 793.- When in the opinion of the Public Ministry the data that served to dictate the formal prison has faded, it will not be able to express its opinion in the audience, without prior to the authorization of the Prosecutor, who must resolve within the term of ten days.
Article 794.- In the event that freedom is granted for the data that was used to consider the defendant as the alleged responsible, the resolution was granted. It will have the same effects of the freedom order due to lack of merit, leaving the action of the Public Ministry to ask again for the apprehension of the accused, if new data that merit it, as well as a new formal prison, appear of the same.
When the freedom is granted because the data that was used to have the body of the crime has disappeared, the resolution will have effects of the res judicata and will be archived the dossier.
Provisional Freedom Under Protest
Article 795.- Prostatory Freedom is the one granted under the word of honor of the defendant, provided that the following requirements are met:
I.- That the defendant has a known address at the place where the process is followed;
II.- that in the judgment of the judge, there is no fear of it being fugue;
III.- to protest to the judge who knows his cause, whenever ordered;
IV.- for crimes whose penalty does not exceed six months in prison;
V.- that has good morality background, and
VI.- that you have not been convicted in another criminal trial.
Article 796.- Freedom under protest in the case of the previous article can be requested and decreed in any state of the process, after the inquiry has received the inquiry. The incident will be promoted and substantial before the judge hearing in verbal hearing from the Public Ministry.
Article 797.- Prostatory freedom will be revoked:
I.- When any of the provisions of the previous two items are violated, and
II.- when a conviction against the graceful person is placed, either first or second.
Article 798.- It is appropriate if the above requirements, the freedom to protest, in the following cases:
I.- In the cases of the second paragraph of the Article 20 fraction X, and
II.- When the first instance of a conviction has been delivered, the defendant has fully complied with it, and the appeal is pending.
Provisional freedom under caution
Article 799.- Any defendant immediately upon request, the judge shall grant him provisional freedom under caution, provided that the estimated amount of compensation for the damage and the pecuniary penalties which he or she may impose on him or her are guaranteed. it is not a crime in which, by its seriousness, this Code expressly prohibits the granting of this benefit.
For the purposes of the preceding paragraph, serious crimes are considered to be those referred to in the following Articles 203, 204, 205, 206, 208, 209, 210, 213, 216, 218 fractions I and II, 219, 220 First paragraph, 221, 223, 232, 237, 238 last presumed, 242 in relation to Article 241 (III), 250, 251, 252, 253, 254, 264 fraction II in relation to Articles 261 fractions II, III and IV and 262 second presumed, 265 fractions II, III and IV, 267 fractions III and IV, 272, 274 fractions I and III, 279 fraction I, 282 fraction III, 285 fractions III to IX, 286 last presumed, 290, 292, 299 fractions III to VII, 303 fractions II and III, 304 fractions III and IV last presumed of both, 305 fractions I first case and II, 307 first paragraph, 309 second assumption, 311 Second subparagraph, second subparagraph, second subparagraph, fractions I, II and III in relation to the second paragraph of this last fraction, as well as the last part of the same fraction, 312, 313 fraction I second part, fractions I, II and III in relation to the second paragraph of this last fraction, 315 last two assumptions, 316 first presumed, 317, 318 Fractions III to VI, 319 fractions I, II and III, 320 three last assumptions, 321, 323 fractions II and III, 324 fraction IV, second paragraph, 334 second paragraph, 338 fraction II, 339 fractions II and III, 340, 341, 352 fraction III first paragraph, 353 fraction I last two assumptions and fraction II first paragraph, 355 fraction I, 356 last presumed, 357, 358 fraction III, 359, 360 last presumed, 361 last presumed, 362, 363, 364 except fraction I first part, 365 fractions I and II, 366 fraction I, 367, 372 fractions I and II, 376, 378 fraction I, 379 fraction I, 384, 385, 386, 389, 390 second assumption, 392 fraction I, 395, 397, 398 last assumption of the first paragraph, 400, 401 and 428.
Article 800.- Freedom under caution may be requested at any time by the defendant or by his or her defender.
Article 801.- Where the legal requirements are met, the judge shall immediately decree the freedom in the same piece of cars.
Article 801 bis.- In case of non-serious crimes, the Judge may deny, at the request of the Public Ministry, the provisional freedom of the defendant, where he has previously been convicted of a crime that has been classified as serious by law or, when the Public Ministry provides evidence to the Judge to establish that the freedom of the defendant represents, by his or her previous conduct or by the circumstances and characteristics of the offence committed, a risk to the or for society.
For the preceding conduct or circumstances and characteristics of the offence committed, as appropriate, shall be understood, inter alia, when:
I. The defendant is a habitual offender or repeat offender for intentional crimes, in terms of the provisions of the Military Justice Code;
II. The defendant is subject to another or other previous criminal proceedings, in which he has been given a formal prison term for the same gender of crimes;
III. The defendant has been removed from the action of justice and is subject to criminal criminal proceedings for which he has been extradited;
IV. The defendant has been removed prior to the action of justice, thereby preventing the continuity of the criminal proceedings concerned;
V. The Public Ministry will provide any other evidence that the defendant will be taken away from the action of justice, if freedom is granted to you;
VI. There is a well-founded risk that the defendant will commit a criminal offence against the victim or offended, any of the witnesses against him, public servants who intervene in the proceedings, or some third party, if the provisional freedom is granted to you;
VII. It is a crime committed with violence, in criminal association or gang, or
VIII. The defendant has committed the offence under the influence of narcotic drugs or psychotropic substances.
Article 801 ter.- The judge may in any case revoke the provisional freedom granted to the defendant when he appears during the proceedings. any of the causes provided for in the previous article and so requested by the Public Ministry.
Article 802.- In case of denial of captive freedom, it may be requested again and be granted for supervenlient causes.
Article 803.- The amount of the caution will be fixed by the judge, who will take into consideration:
I.- The background of the defendant;
II.- the seriousness and circumstances of the offence or the offences charged;
III. The economic condition of the defendant, and
IV.- the nature of the warranty to be offered.
The judge will be able to decrease the amount of initial caution, taking into consideration the above circumstances.
Article 804.- The nature of the caution will be left to the defendant, who when applying for freedom will manifest the way he chooses. In the event that the defendant or his/her advocate does not make such a statement, the judge, in accordance with the foregoing article, shall determine the nature of the course.
The amount and form of the caution to be fixed must be affordable for the defendant.
Article 805.- The caution may consist of:
I. In cash deposit, made by the defendant or by third persons, in the institution of credit authorized for this; the certificate that in these cases is issued, will be deposited in the securities box of the court, taking reason of it in cars. Where, for the purpose of the hour or for the day of the holiday, the deposit is not directly lodged with the institution referred to above, the judge shall receive the amount displayed and send it on the first working day.
II. In mortgage provided by the defendant or by third persons, on buildings whose cadastral value guarantees the fixed sum, and
III. On a personal bond to be established by the judge, and may be lodged in the same file.
Article 806.- When offered as a guarantee, personal security for a quantity greater than five hundred pesos must be checked by the guarantor who has real estate registered in the Register Public of the Property, of the jurisdiction of the relevant court, the value of which is at least three times of the quantity indicated as security and shall present a certificate of release of charges for twenty years prior to the date on which is to be given the caution, and the title deeds, which will be recorded with a reason for the end for them to be presented.
If the bond is mortgage, the mortgage must first be lodged and entered in the Public Registry of the Property.
Article 807.- The proposed guarantor, in the case of personal bail, except where it is given by legally authorized holding companies, must declare before the court The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union, of the European Court of Justice
Article 808.- When the car is notified to the process of granting its captive freedom, it will be made aware that it contracts the following obligations: his judge as many times as he is summoned or required to do so; to communicate to him the changes of domicile that he has and to appear before the court that he knows of his cause the day that is pointed out of every week. The notification shall state that the defendant was made aware of the above obligations.
Article 809.- When the defendant, by itself, has guaranteed his or her freedom by deposit or mortgage, the latter will be revoked in the following cases:
I. When the defendant disobeys, without justified and proven cause, the legitimate orders of the judge he knows of his/her process;
II.- when requested by the same defendant and present to your judge;
III. When in the course of the instruction it appears that the offence or the offences charged are qualified as serious by this Code;
IV.- When in his or her process causes execution of the judgment given in the first or second instance and she is a convict without giving the sentenced for commpurging, and
V. When the defendant does not comply in a serious manner with any of the obligations referred to in the previous article.
Article 810.- When a third party has guaranteed the defendant's freedom by cash deposit, personal bond or mortgage, the defendant shall be revoked:
I.- In the cases mentioned in the previous article;
II.- When he asks to be told of the obligation and present the defendant;
III.- when the guarantor's insolvency is proven after, and
IV.- in the cases of Article 814 of this Code.
Article 811.- In the cases of fractions I and V of Article 809 it shall be ordered to rearrest the processing and the caution shall be effective, to the effect of which the judge send the certificate of deposit, the testimony of the mortgage or copy of the act corresponding to the respective Office of Finance, for recovery.
Article 812.- In the cases of Article 809, fractions III and IV, the re-apprehension of the accused shall be ordered if it is not presented within twenty-four hours of being cited; The court of law shall not be held. In the case of fractions II of Article 809, II and III of 810, the defendant shall be referred to the appropriate establishment, without prejudice to the fact that, in the latter case, the security shall be effective when this is possible.
Article 813.- The judge will order the return of the deposit or send the warranty to cancel:
I.- When in accordance with the previous article, refer the defendant to the corresponding establishment for the reasons mentioned in Sections II of Article 809, III and IV of the same if it has been filed in compliance with the citation and II of the 810;
II.- when it is cleared;
III.- when you are convicted and present to serve your conviction, and
IV.- when you dictate self-release or extinction of criminal liability.
Article 814.- When a third party has constituted deposit, bond, or mortgage, to guarantee the freedom of a defendant, the orders to appear understand with that. If he is not able to present the trial, the judge may give him a period of up to five days to do so, without prejudice to the order of apprehension if he considers it appropriate. If the deadline granted to the guarantor is completed, the defendant's appearance is not obtained, the guarantee will be effective and the reapprehension of the defendant will be ordered, if not done.
Article 815.- In cases of revocation of the captive freedom, the Public Ministry must be heard beforehand.
Article 816.- Judges who grant freedoms under caution shall communicate to the Supreme Military Court, with a copy to the other judges of the place, if there is more than one of them, within of the three-day term, the data on the amount and nature of the security, name and address of the guarantor, name of the beneficiary, crime for which the process and the state of the guarantor are instructed. They shall also give notice of the cancellations and reasons for them and of those which they make effective.
Of the resources
Article 817.- When the defendant manifests his inconformity with the notification of a judicial decision, the action to be taken shall be understood as an action.
Article 818.- No recourse shall be made where the aggrieved party has expressly conformed to a resolution or procedure, or when it does not interpose the action within the of the terms the law points out.
Article 819.- No resource may be disposed of, nor shall be left pending, by default of the manner in which it is promoted, if it is clearly apparent from the promotion, the will of bringing the action.
Article 820.- The revocation facility proceeds as long as the appeal code is not granted.
Article 821.- Interposed in the act of the notification or the following day, adroit, the judge before whom it is brought will admit it or throw out of plane if it believes that it is not necessary hear the parties. If not, it shall be made to a verbal hearing, which shall be verified within the following 48 hours and shall give its judgment, against which no appeal is given.
Article 822.- The appeal is for the purpose of the Supreme Military Tribunal to confirm, revoke or modify the appealed resolution.
Article 823.- The second instance will only open at the request of a party, to resolve the grievances to be expressed by the appellant when bringing the appeal or in the view; However, the court of law may supply the deficiency of them, when the appellant is the defendant or is warned that only by the omitting of the defender did not properly enforce the violations caused in the resolution under appeal.
Article 824.- The appeal may be filed in writing or in word, within three days of the notification if it is a self-or any other resolution except in the cases in which this Code expressly provides otherwise; and of five, if it is a final judgment.
Article 825.- Either party will have the right to appeal.
Item 826.- The appeal resource only proceeds:
In the Beneficial Effect, against:
I.- The order of refusal of the order of apprehension or of appearance in your case;
II.- the order of formal imprisonment, except as provided for in Article 701; the one for subjection to process and that of freedom for lack of merit;
III.- the self-denial of captive freedom;
IV.- test refuse cars;
V.- the cars in which the instruction is stopped or continued;
VI.- the cars that order the accumulation or separation of processes;
VII.- the order of withdrawal of the required judge in cases of accumulation;
VIII.- resolutions issued on competition issues, and
IX.- the order that denies the revocation of a disciplinary correction other than that of suspension in the exercise of functions or profession.
For both purposes, against:
I.- The order stating that there is no crime to pursue if it is not delivered to the Public Ministry's request;
II.- the judgments that resolve the exceptions based on any of the causes that extinguish the criminal action or that grant freedom by fading of data, and
III.- Final statements except in the case of Article 717. When they are absolute, the sentenced will be released while the resource is resolved.
Article 827.- When notifying the final judgment, the term that the law grants to bring the appeal, which will be settled, will be made known to the defendant. constancy in the process. Where the term is omitted, the term shall be doubled, and the Registrar shall be punished by the court of justice with the appropriate correction.
Article 828.- When the appeal is accepted for both purposes, and there are no other defendants in the same cause who have not appealed, and in addition, the instruction or in the case of a final judgment, the process shall be forwarded to the Supreme Military Court. Outside such cases, testimony shall be given of all the constances which the parties appoint, and of those which the judge considers to be conducive.
Article 829.- Received the process or the testimony in its case, the Supreme Military Tribunal will send to the parties for the view of the business, within ten days next.
The parties will be able to take the notes they need to allege in the secretariat. They may also, within three days of the notification challenging the admission of the appeal or the effect or effects on which it was admitted, and the court, within three days of the relevant decision and in the event of declaring that the appeal was misadmitted, without reviewing the judgment or order appealed, it will return the cause to the court of its origin, if it has been sent to it for the appeal. The court may also, after hearing, declare whether the appeal was inadmissible, where the incident authorising this article has not been promoted, and without reviewing the judgment or appeal shall return the cause to the court if necessary. from its source.
Article 830.- The day marked for the business view, the hearing will begin by the relationship of the process made by the secretary, having at once the word the appellant, and then the others in the order indicated by the president.
If you force two or more the appellants, they will use the word in the order designated by the same president, and the defendant or the defender can speak to the latter. If the parties, duly notified, do not contest, the hearing shall be conducted.
Article 831.- Declared the process will be closed, the debate will be closed, and the Supreme Military Court will rule within 15 days at the latest, except in the case of the next article.
Article 832.- When the Supreme Military Tribunal, after the hearing, believes it is necessary to illustrate its judgment, the practice of some diligence may decline for the better. to provide and to de-drown as soon as possible, taking into account the provisions of this book and Article 20 of the Constitution.
Article 833.- The Supreme Military Court in giving its judgment will have the same powers as the court of first instance; but if only appealed to the sentenced person or his or her defender, the sentence imposed on the appeal cannot be increased.
Article 834.- When either party wants to promote any evidence, it will do so by being quoted for the view or within three days of notification, expressing the object and the nature of the test. The Supreme Military Tribunal the next day of the promotion, will decide without any procedure if it is to be admitted or not; in the first case, it will be drowned within five days.
The testimonial test will not be admitted in the second instance, but in relation to facts that have not been subject to examination in the first instance.
Article 835.- The reorder of the procedure will not be automatically decreed. If any of the parties requests it, it must express the tort in which it supports its request, not being able to allege that with which it has expressly conformed or against which the appeal that the law grants has not been attempted. In order for a violation or omission to be enforced as an offence, it is necessary to have protested against it in the instance in which it was caused.
Article 836.- There will be a replacement of the procedure with some of the following causes:
I.- For not having proceeded the judge from the instruction to the sentence, accompanied by its secretary;
II.- for not having made the defendant aware during the instruction or in the course of the trial, the reason for the procedure and the name of his accuser;
III.- because the defendant has not been allowed to appoint an advocate in the terms set forth in this Code;
IV.- for not having practiced the proceedings requested by one of the parties, having the possibility to do so, provided that the fault is not imputable to the one who promoted it;
V.- for having held the hearing before the war council, without assistance from any of its members, the Agent of the Public Ministry, the judge, or its secretary or why any of them will be missing some legal requirement;
VI.- for having cited the parties for the proceedings that this Code points out, in other form than that established in it, unless the party said to be aggrieved to the diligence, or that it has been notified of resolutions after the summons, without having protested that circumstance;
VII.- for not having formed the war council according to the prescriptions of the book first;
VIII.- for not having accepted the recusal of the president or vowels of the ordinary war council, made in the form and legal terms;
IX.- for having declared contradictory some of the conclusions presented by the parties, without such contradiction being present;
X.- for not having allowed either party to withdraw or modify its findings or to establish new ones, in cases where this Code permits;
XI.- for having been declared in the case of Article 619, that the defendant or his defender had alleged only the guilt, if the term stated in that case had not elapsed. Article;
XII.- for having omitted from the questioning of the questions that under this Code should have been asked of the war council.
XIII.- for there is a notorious and substantial contradiction in the statements of the war council, if by such contradiction cannot be taken into account in the judgment, the facts voted;
XIV.- when the required requirements for this in the relevant articles of this Code have not been observed in the council convocation or the citation for the hearing; or where one or the other of those has been done by a different authority than it was due to them under the same code;
XV.- by having any of the members of the board any of the causes of impairment that this code points out, and not having expressed it or being disregarded by the authority corresponding; and
XVI.- in all cases not provided for in the previous fractions, but in which this Code expressly declares the nullity of a due diligence.
Article 837.- The reorder may be ordered by the parties before the hearing is held on appeal; and if the alleged violations are declared, they shall be replenished. the procedure from the point at which the violation was committed, if it is before the trial; but if it is during the trial, from the summons for the hearing before the judge or the war council.
Article 838.- Promote the reorder of the procedure, the hearing is suspended in the appeal until the appeal is resolved, and moved to the contrary. If any of the parties offers proof and if deemed appropriate, the probative delay shall be opened for a term not exceeding 15 days. After the date of receipt of the evidence, the parties shall be heard and the parties shall be heard, and the parties shall be held within eight days.
Article 839.- Granted the replacement, the original cars will be sent to the court of their origin, with testimony from the executive filing the touch. Where the judgment is in denial of the replacement, a copy of the execution shall be sent to the respective court and the proceedings shall be continued on the appeal until it fails.
From Denied Appeal
Article 840.- The appeal denied appeal will proceed whenever the appeal has been denied in one or both of the effects.
Article 841.- The appeal may be filed orally or in writing within three days of notification of the order in which the appeal is denied.
Article 842.- Interposition the appeal, the judge, without further processing, shall send to the Supreme Military Tribunal within three days, a certificate authorized by the Registrar, stating the nature and state of the proceedings, the point on which the appeal is to be placed in the letter and the one which has declared it to be unappealable, as well as the actions which it deems appropriate, and those which it states with the promotion of these, by making the point.
Article 843.- When the judge does not comply with the provisions of the foregoing article, the person concerned may occur in writing to the Supreme Military Court, making a relationship between the The Court of Justice of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities, of the Court of Justice of the European Communities
Article 844.- Submitted in the letter referred to in the previous article, the Supreme Military Tribunal shall prevent the judge from referring the certificate provided for in Article 842, and a report on the causes for which it failed to comply with its obligation, within a period of not more than forty-eight hours, increasing the time required, according to the communication facilities, if it were to be carried out by foreign authorities.
If the report results in any responsibility to the judge, it will be consigned to the Public Ministry.
Article 845.- Received the certificate, the court will quote for judgment and pronounce is within three days of the notification.
Article 846.- If the appeal is declared admissible, the preceding chapter shall be prevented.
If not, it will be sent to archive the respective touch, sending testimony of the execution to the court of knowledge.
Of the statement execution
Article 847.- The Judge of Execution of Sentences who receives testimony of an irrevocable sentence, will proceed to monitor his compliance with attachment to the prevented in it and the applicable law.
Article 848.- They are irrevocable and therefore cause execution:
I.- The judgments delivered in the first instance, when expressly consented to, or when the term that the fixed law for bringing an appeal has expired, is not interposed;
II.- the second instance statements, and
III.- those against which you do not grant the law any recourse.
Article 849.- In any sentence, the sentence will be prevented from being admonished so that he does not reoffend, warning him of the penalties to which he is exposed, and of this will extend diligence in the process; but without the lack of this obstinate to make the penalties of recidivism effective.
Article 850.- The execution of a statement will be suspended, in the following cases:
I.- When the sentenced person is in a state of mental alienation;
III.- when the sentenced person has requested the pardon in any of the cases in which it proceeds and while the Executive is resolved;
IV.- in the other cases specially mentioned in this Code.
Article 851.- (Repeals).
Article 852.- (Repeals).
Article 853. The judges shall send a copy of the sentence to the head of the prison where the sentenced person is, and to the person in which he is to terminate his conviction, if any; likewise, he will send testimony to the Secretariat of the National Defense or Navy, as appropriate, and to the command of his membership.
High School Freedom and Retention
Article 854.- The sentenced person who has the right to a preparatory freedom in accordance with this Code may request it in writing from the Judgments, through the head of the establishment where his sentence is extinguished, which must include a detailed report of the conduct observed by the sentenced person.
Article 855.- The Sentencing Enforcement Judge, with a hearing from the Public Ministry, will grant the benefit of the preparatory freedom, if the amendment of the sentenced. If favorable, the Secretary of National Defense or Navy will be given notice, as appropriate.
Article 856.- Those sentenced to enjoy high school freedom shall be subject to the supervision of the military authority, at the place where the Secretary of National Defense or Navy, as appropriate, designate them for residence, except for the case that they are going to provide their services in the Army.
Article 857.- The attachment to military authority surveillance will matter:
I.- The prudently exercised inspection by that authority, its agents or the Military Ministerial Police, about the conduct of the sentenced person;
II.- the obligation on the part of the surveilled, to present himself to that authority, in the days that it points out to him, and whenever he is required to do so;
III.- the obligation for the graceful to give part to the authority of the person who is dependent, of his domicile and the changes that he makes.
Article 858.- If the military chief of whom is dependent on the high school freedom, I will observe that he is wrong, he will immediately give to the Judge of Execution of Sentences, accompanying him the data in which he founded his judgment.
The Chief Officer shall also give a party, where the person concerned is not present on the day on which he is appointed, or where he is required to do so, if he fails to prove that he has been justified in has been obliged to commit the fault.
Article 859.- If the data is strong, the court will revoke the preparatory freedom, giving notice to the Secretary of National Defense or Navy, according to corresponds, but if they do not force it, it will send the corresponding inquiry, in order to resolve, in summary, in both cases, to the Public Ministry and the defender.
Article 860.- Preparatory freedom will be revoked when the agraciate observes misconduct, is again prosecuted for any other crime, and a sentence is handed down. enforcement against them or when they fail to fulfil the obligations set out in Sections II and III of Article 857.
Article 861.- The revocation of preparatory freedom will result in a reduction of the sentence again to the sentenced person, so that he will suffer all the part of the penalty I had made him grace, whatever the time I will take to be enjoying the expressed freedom.
Article 862.- When the term of the preparatory freedom expires without there being any reason to revoke it, the military chief of whom the benefit depends, inform the Judge of Execution of Sentences, in order for him to declare that the sentenced person is in absolute freedom. This determination shall be communicated to the Secretary of National Defense or Navy, as appropriate.
Article 863.- Against decisions given on preparatory freedom, no recourse shall be permitted.
Article 864.- Upon the notification of the sentenced to the irrevocable sentence to be sentenced to imprisonment, for a crime that has a sentence of two in the law years as a means, they will be made aware of the preemptions of this chapter, which will be ordered in the judgment, rising from it, in their opportunity, formal act in cars that will sign or point with their fingerprints the sentenced.
Article 865.- Repeals.
Article 866.- Received that report, a hearing will be cited within five days, hearing the parties. If proof is offered, it will be received from then on or a deadline will be set for its receipt; in this case, the new day for the hearing will be indicated within the next eight.
Article 867.- On the day of the hearing, the secretary will account with the file and the parties will allege what suits their interests, and the resolution within the three days thereafter. The hearing shall be verified, whether or not the parties are present.
Article 868.- The term of the term of the term of the term of the sentence, after declaration of extinction of the sentence by the Judge of Execution of Sentences, the Director of the Criminal establishment shall immediately release the sentenced to be released.
From Reduction, Pardon, Innocence Recognition, and Rehabilitation
Article 869.- (Repeals).
Article 870.- (Repeals).
Article 871.- The penalty reduction will be requested when a statement has been issued that causes execution by means of writing to be filed with the Judge Execution of Statements.
That Enforcement Judge will subpoena a hearing within the following five days in which after hearing the Public Ministry, it will issue the resolution corresponding.
Article 872.- The penalty reduction request will not suspend the execution of the statement.
Article 873.- The recognition of innocence may only be granted in respect of penalties imposed in irrevocable judgment.
Article 874.- The innocence recognition of the sentenced person may be based on one of the following reasons:
I.- That there was no material fact that served as the basis for condemnation;
II.- that even if the fact existed and it had been executed by the person found guilty of it, it should not have been legally punished;
III.- When two or more people have been convicted of the same crime and it is impossible for all of them to do so.
IV.- When the statement is based exclusively on evidence that is subsequently declared false; and
V.- When, after the judgment, public documents that invalidate the evidence on which the statement was founded appear.
Article 875.- The sentenced person who is created with the right to obtain the recognition of his or her innocence, will occur in writing to the Judge of the Execution of Sentences, alleging the cause or causes of those listed in the previous article in which he funes his petition, accompanying The respective evidence or protest shall be displayed in a timely manner.
Article 876.- Filed the request to the Sentencing Enforcement Judge, he will ask for the process immediately and as soon as he receives it will quote the sentenced, to the head of the Body of Defenders and the Public Ministry, for a hearing to be held within the following five days, receiving the proof which has been offered.
Article 877.- On the day indicated for the hearing, the secretary shall make a statement of the car, and receive the test, inform the sentenced person or the person by the designated person For that purpose and, failing it, the head of the Body of Defenders will be heard, and the Public Ministry will be heard.
Article 878.- Within five days of the hearing, after hearing the parties, the Court shall declare whether or not the application for the sentence is based on its concept. In the first case, it will submit the original measures to the National Defense Secretariat with a report, which will then send them to the Federal Executive to ensure that the innocence of the sentenced person is not recognized. file the proceedings.
Article 879.- The sentenced person who intends to obtain a pardon, will occur in writing to the National Defense Secretariat, accompanying testimony of the sentence, a certificate issued by the head of the prison in which he is located, with which he will check the time which has suffered the penalty imposed, an opinion stating that the applicant reflects a high degree of social rehabilitation and that his release does not represent a danger to public peace or security, as well as the justification for the provision of important services to the Nation or the existence of circumstances Special provisions that are in their favour.
Article 880.- The Federal Executive Branch in view of the vouchers, or if it so agreed to the peace or public security, will grant the pardon without any condition or with whatever it deems appropriate.
Article 881.- All decisions granting pardon or recognition of innocence shall be published in the General Order of the Plaza of each and every Military Zone and shall be communicated to the Court that has given the judgment to do so. respective annotation in the case file.
From judgments of the liability of officials and employees of the court order
Article 882.- Complaints for official crimes should be directed to the Military Attorney General.
When the accused official is directly dependent on the National Defense Secretariat or the Navy, as appropriate, the consignment must be made through the she.
Article 883.- The Attorney General of Military Justice will take turns to denounce the Supreme Court, who will appoint a magistrate to act as a judge.
Article 884.- The judge acting magistrate will prevent the defendant from reporting with justification within the term that he prudently points to, and will practice the largest brevity of the proceedings that the Public Ministry and that request.
Article 885.- Practical such measures and presented the report or after the term for which it was granted, will be given to the Public Ministry to formulate its (i) the request for a vote on the question of the defendant.
Article 886.- The judge acting as a judge will give the Supreme Military Tribunal a count of the investigation practiced and the request of the Public Ministry, so that if there is The Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of
Article 887.- The suspension of the defendant will be communicated to the Secretary of National Defense or Navy as appropriate for the legal effects.
Article 888.- Regarding the instruction, the magistrate shall be subject to the provisions of this Code for the proceedings before the judges.
Article 889.- Closed the instruction, the magistrate will give the parties a view so that within the three-day term, they will manifest if they have due diligence to promote; and Those who indicate or are impracticable within a period of 15 days, or have not been promoted, shall be transferred for three days to each to draw conclusions. The judge will pass the case to the Supreme Military Tribunal, who will subpoena the parties to a hearing, which will have the effect of summons for sentencing and in which they will be able to allege.
Article 890.- Against resolutions handed down during instruction, the same resources are granted for ordinary trials.
Article 891.- Judges to de-drown any judicial diligence must do so directly, not having in their duties more relationship with the garrison commanders, than those set out in this Code.
Article 892.- Performances may be performed at all times, with the exception of what is intended for catechos, even on holidays and must be written on paper bearing the seal. of the court expressing in each of them, the day, month and year in which they are practiced. The dates and quantities will be written precisely with letter.
Article 893.- No abbreviation or scratch will be used in any performance. Words or phrases which have been put in the wrong way, will be made with a thin line, so that they can be legible, with all precision and prior to the signatures, in the same way the words or phrases omitted by the word are saved. error, which would have been entered. Any action shall end with a line of ink, drawn from the last word at the end of the line; and if it is written, the line shall be drawn below it, before the signatures.
Article 894.- The secretaries will take care to always express the nature of each due diligence.
Article 895.- All the sheets of a process shall be foliated by the secretary who shall take care of putting the seal of the court at the bottom of the notebook, so that the two shall open the two faces. All the fojas of the file in which an instruction is recorded must be initialled in the centre by the Registrar, and if the person examined is to sign each of the fojas in which his declaration is made, or to print in them his fingerprints digital, will be allowed to do so.
If any changes or variations are to occur before the signatures are set, they will be entered. If they happen after the signatures have been put, they will settle for the secretary, signing or printing their fingerprints, the people who have intervened in the diligence.
Article 896.- The notifications to be made to the parties will be verified, at the latest, the day after the decisions that motivate them are issued. The offender of this precept will be punished with disciplinary correction.
Article 897.- The secretaries of the courts and the respective senior officers of the Supreme Military Tribunal will make the notifications personally, reading in full the resolution and giving copies of it to the person concerned, if requested. In all notification, the day and time it is made will be settled.
You must sign the notifications for the people who make them and those who receive them. If they are unable or not to be signed, that circumstance shall be stated.
Article 898.- Any notification that is made outside the court, if the person to be made is not found, will be performed without a new mandate, by means of a cedula that be delivered to the relatives or household of the person concerned, or to any other person living in the house; if the person is uninhabited, the cedula shall be fixed at the court's door, and a copy of it shall be given to the police the place where the notification should be made, who will have to sign his/her receipt. The cedula shall state which judicial authority is in charge of the diligence, the determination that is notified, the date, the time, the place in which it is left, and the name and last name of the person to whom it is delivered. Out of the cases of notorious urgency and of what is prevented in the subsequent article, the notifications to the agents of the Public Ministry and the defenders of trade, will be made personally in the secretariat of the respective court.
Article 899.- The Attorney General of Military Justice and the agents assigned to the Attorney General's Office will be notified in his office.
Article 900.- If it is proved that the notification was not made to the person, being in his or her home or office, the person who had to practice it will be liable for damages and damages. will be punished, moreover, with some disciplinary correction.
Article 901.- When a person who is outside the trial is notified, the notification shall be made by the military judicial authority, and in the absence of is, through the judicial authority of the common order of the locality where the person resides, to the effect of the trade or exhort which corresponds.
Article 902.- If the residence of the person to whom the notification is to be made is ignored, this will be done through edicts published by three consecutive times in the newspaper official of the locality, or of the nearest one.
Article 903.- If despite not having made the notification in the prevented form, the person who has to be notified will be shown in the providence's knowing file, the notification shall have its effects.
Article 904.- As for the exhorts to be directed abroad, the following rules will be observed:
I. If the appeal is issued by a judge, his signature shall be legalized by the President of the Supreme Military Tribunal, the President of the Supreme Military Tribunal, by the Chief Justice of the Secretary of National Defense and that of this official, by the Secretariat of Foreign Relations;
II. If the EEW is issued by the Supreme Military Tribunal, the President of that Body shall be signed by the Chief of Staff of the Military the National Defense and the National Defense, by the Secretariat of Foreign Relations; and,
III.- After the legalization of the signatures, the exhorts will be sent to their destination, through the last of the Expressed Secretariats, according to what they have the laws of matter.
Article 905.- The exhorts to be received by the military courts shall be provided within twenty-four hours of their receipt, and shall be dispatched within three days; be that the steps to be taken require a longer period of time.
Article 906.- The processes shall not be delivered to the parties, which may be imposed on them by the court secretariat, within the terms stated in this Code. The official or employee who infringes this provision shall be entered.
Article 907.- The Attorney General of Military Justice and the agents assigned to the Attorney General's Office will be handed the proceedings, in cases of transfer, by the law and under knowledge.
Article 908.- If any process or file is lost, it will be repositioned at the expense of the person responsible, who will be obliged to pay the damages caused by the loss, Furthermore, it is subject to the criminal provisions of the war jurisdiction and the Criminal Code for the Federal District, if the act is punishable according to them.
Article 909.- All of the terms stated in this Code are unextendable and shall be counted from the day following the date of the notification. respective. In no way will the days of the law be counted as public holidays, nor those in which the Secretariats of the National Defense or Navy, as appropriate, order the suspension of work, except those indicated to take the accused. A statement of inquiry and to pronounce the order of remand or to be subject to prosecution.
Article 910.- The terms indicated for taking the inquiry and to dictate the constitutional order will be counted from moment to moment, and since the process is made available to the judicial authority, without prejudice to the liability in which it may be incurred which does not make the entry, with due opportunity.
Article 911.- When the staff of the courts will vary, no decree will be provided making the change known; but the first order or decree that will provide the new judge will be authorized with your entire signature.
Article 912.- In the Supreme Military Tribunal they will be placed outside each order or decree, the surnames of the magistrates who form it, when there is change of their personnel; if the change will occur after the day for the view, new pointing will be made, notifying the parties.
Article 913.- The providence for which a disciplinary correction has been imposed may be claimed in writing within 24 hours of the date of the notification to the person who has given it. The claim will produce effects of suspending the execution of the claimed providence. The document in which the complaint has been lodged shall, of course, be sent to the person who, in accordance with the provisions of this Code, has competence to carry out the review.
Article 914.- Regarding corrections imposed by judicial authorities, the following shall be observed:
Received the letter of complaint by the authority that imposed the correction, will raise it to the Supreme Military Tribunal, if this was not who has imposed it, and will point out day and hour for a hearing in which the complaining party may invoke whatever it considers relevant, and shall give judgment within the third day, taking into account the report of the official who imposed the punishment.
If this was imposed by the Supreme Military Tribunal, once it receives the written complaint, it will hear the complaint in hearing, and will fail within the same term.
Article 915.- Dealing with disciplinary corrections imposed by the Attorney General to the Agents or employees of the Military Public Ministry, the complaining party will raise such an official has written a complaint, who shall hear it in defence and shall decide whether to confirm or leave out the punishment imposed.
The same procedure, if any, should be followed with respect to disciplinary corrections imposed by the head of the body of defenders to the defenders and employees who are dependent on him.
Article 916.- If the correction is imposed by the agents of the Public Ministry, defenders and secretaries, the complaint must be filed with them, who will forward it to his immediate superior, who, with a view of the report that he gives to him, and after hearing in defense of the whining, will resolve whatever proceeds, within a third day.
Article 917.- All expenses that are incurred in a process, due to diligence that is not enforced by the respective court, or requested by the Ministry Public, they will be paid for by promoting them. If this is insolvent, they shall be paid by the Erarium; in this case, the secretaries of the Supreme Military Tribunal and the courts shall regulate the expenses or costs according to the tariff.
Article 918.- The hearings will be public. Where the moral or the preservation of the order is required, the court may, at the request of any of the parties and even of its own motion, arrange for them to be carried out behind closed doors. This declaration shall be delivered to the public and shall be inserted in the minutes for its reasons.
Article 919.- Whenever the defendant has to attend a hearing, he shall be made to appear without any precautions other than that of the escort necessary to prevent his escape.
Article 920.- All fines that are imposed and the documents in which the bonds are granted, when they must be made effective, shall be delivered to the General Treasury of the Nation or the respective heads of hacienda.
Article 921.- Judicial resolutions are classified into:
I.- Decrees or simple processing determinations, which will be authorized with the half-signature of the judge and the secretary;
II.- cars or decisions on matters that are not simple and will contain the legal bases in which it is supported;
III.- interlocutory statements, which decide on any incident;
IV.- Definitive statements, which resolve the main subject end the instance.
The last three resolutions will be authorized with the entire firm of the judge and the secretary.
In the Supreme Military Tribunal, the decrees will be authorized with the president and the secretary's half-signature; the cars with their entire signature; and the sentences with the entire signature of all the magistrates and the secretary.
Article 922.- In all statements it will be expressed:
I.- The time, date, and place to dictate;
II.- the name of the judge, magistrates or members of the council, if any, and secretaries;
III.- The name and last name of the sentenced person, his or her nickname if he/she has it, the place of birth, age, military category, corporation to which he proceeds and his/her trade or profession before being military;
IV.- the relationship of the facts that motivate the failure; and
V.- the legal considerations and fundamentals that support the resolution.
Article 923.- The judicial visits, to be practiced by the officials of the Military Justice Administration, shall be subject to the provisions mentioned in the respective regulations.
1o.- This Code will begin to apply on the first day of January of a thousand nine hundred and thirty-four, with all the provisions relating to the matters which this Code itself includes.
2o.- Processes and resources that are pending upon entry into force of this Code shall be subject to the provisions of this Code.
3o.- Resources brought before the validity of this Code and which have not yet been admitted or disposed of shall be admissible, provided that this Code or the laws The above will be conceptualized, will be substantial according to this same order.
4o.- The terms that to interject any resource are running at the beginning of this Code, will be computed according to the same or the previous one, if they are greater than in this are granted.
Therefore, command is printed, published, circulated, and given due compliance.
Given at the Palace of the Federal Executive Branch, in Mexico, D.F., at the twenty-eight days of the month of August of a thousand nine hundred and thirty-three.- A. L. Rodriguez.-Heading.-The General Division, Secretary of State and the Office of War and Navy.- P. Quiroga.-Heading.-Al C. Secretary of Government.-Present. "
What I communicate to you for publication and other purposes.
Effective Suffrage. No Re-election.
Mexico, D.F., on August 29, 1933.-The Secretary of the Interior.- Eduardo Vasconcelos.-Heading.
Al C. ...