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FEDERAL CRIMINAL PROCEDURE CODE
Official Journal of the Federation August 30, 1934
Last Reform Published DOF December 29, 2014
On the sidelines is a stamp that says: Federal Executive Branch.-United Mexican States.-Mexico.-Secretariat of the Interior.
The Constitutional President Substitute of the United Mexican States, has served to address the following Code:
ABELARDO L. RODRÍGUEZ, President Substitute Constitutional of the United Mexican States, to its inhabitants, known:
That in use of the powers granted to me by decree issued by the Congress of the Union dated December 27, 1933, I have had to issue the following
DECREE
FEDERAL CRIMINAL PROCEDURE CODE
PRELIMINARY TITLE
Article 1o.-This Code comprises the following procedures:
I.- The investigation prior to the entry to the courts, which establishes the legal proceedings necessary for the Public Ministry to resolve whether or not to exercise criminal action;
II.- The preinstruction, in which the actions are carried out to determine the facts of the process, the classification of these according to the applicable penal type and the probable responsibility of the defendant, or, if necessary, the freedom from this for lack of processing elements;
III.- The instruction, which covers the proceedings before and by the courts in order to ascertain and prove the existence of the offence, the circumstances in which it was committed and the peculiar of the charged, as well as the liability or criminal liability of the latter;
IV.- The first instance, during which the Public Ministry requires its claim and the defendant's defense before the Court, and the Tribunal values the evidence and delivers definitive judgment;
V.- The second instance before the court of appeal, in which the proceedings are carried out and acts aimed at resolving the resources;
VI.- The execution, which includes from the time that the judgment of the courts is executed until the extinction of the applied sanctions;
VII.- The relative to inimputable, to minors and to those who have the habit or the need to consume narcotic or psychotropic.
If in any of those proceedings any minor or incapable is related to the facts object of them, be as an author or a participant, witness, victim or offended, or Any other character, the Public Ministry or the respective court shall supply the absence or deficiency of reasons and grounds that lead to the protection of the rights that may legitimately correspond to them, in accordance with the principle of superior interest of girls, boys and adolescents.
Article 2o.-Compete the Federal Public Ministry to carry out the preliminary investigation and to exercise criminal proceedings before the courts.
In the preliminary investigation it will be up to the Public Ministry:
I.- Receive any complaints or complaints that are presented to you orally or in writing about facts that may constitute a crime;
II. Practice and order the conduct of all acts conducive to the accreditation of the body of the offence and the probable liability of the defendant, as well as to the repair of the damage;
III.- To request to the judicial authority the precautionary measures of rooting, securement or embargo that are indispensable for the preliminary investigation, as well as the search orders that proceed;
IV. Agreed to stop or hold the indiciates when appropriate. The arrest will take place immediately. In the case of the retention agreement, the registration shall be updated;
V. Request the support of the police to provide protection to victims, offended, witnesses, judges, magistrates, agents of the Public Ministry and the police, and in general, of all subjects involved in the procedure, in cases where there is an objective risk for their life or body integrity;
VI.- Ensure or reinstate the offended in your rights under the terms of Article 38;
VII.- Determine the reservation or exercise of the criminal action;
VIII.- Agreed and personally notify the offender or victim of the non-exercise of the criminal action and, if necessary, resolve the non-compliance that those formulen;
IX.- Conceding or revoking, where applicable, the provisional freedom of the index;
X.- If appropriate, promote the reconciliation of the parties; and
XI.- The others that point to the laws.
Article 3o.- The Police will act under the leadership and command of the Public Ministry in the investigation of the crimes, in terms of the Article 21 of the Political Constitution of the United Mexican States, and shall be obliged to:
I. Receive complaints about facts that can be constitutive of crime, only when, due to the circumstances of the case, they cannot be directly addressed to the Public Ministry, to which the Police must report immediately, as well as the proceedings and shall cease to act when he determines it;
II. Practice the necessary steps to clarify the crimes and the identity of the probable perpetrators, in compliance with the mandates of the Public Ministry;
III. Practice arrests in cases of flagrant violations of the law and make available to the competent ministerial authorities the persons detained or the property that has been insured or is in their custody, with strict compliance with constitutional and legally established deadlines;
IV. Participate, in the assistance of the Public Ministry, in the investigation and prosecution of the crimes, in the detention of persons or in the insurance of property related to the investigation of the crimes, fulfilling without exception the requirements provided for in the applicable constitutional and legal systems;
V. Register immediately the arrest, as a guarantee of the defendant, in terms of the applicable provisions, as well as to send without delay and by any means the information to the Public Ministry. Such a register shall be recorded in the form of the resolution issued in relation to its legal status.
Registration should be cancelled ex officio and without further processing when the freedom of the in detention or where in the previous investigation the elements necessary for the exercise of the criminal action have not been met, where their innocence has been determined or where the hypotheses provided for in Article 165 Bis are updated;
VI. Preserve the place of the facts and the integrity of the indicia, traces or vestiges of the criminal act, as well as the instruments, objects or products of the crime. The Police units authorized for the processing of the place of the facts shall fix, indicate, lift, pack and deliver the physical evidence to the Public Ministry, in accordance with the instructions of the Public Ministry and in terms of the provisions applicable;
VII. Request the Public Ministry, which requires the competent authorities, reports and documents for the purpose of the investigation;
VIII. To ensure that each of its actions is established, as well as to carry out monitoring and monitoring of these actions. During the course of the investigation, they will have to produce reports on the development of the same, and render them to the Public Ministry, without prejudice to the reports required;
IX. Issue the reports, police parties and other documents that are generated, with the background requirements and form that establish the applicable provisions, for this purpose they will be able to support in the scientific and technical knowledge that they result required;
X. Provide care to victims, offenders or witnesses of the crime, for this purpose:
a) Provide immediate protection and assistance, in accordance with legal provisions applicable;
b) Inform the victim or offended about the rights that the victim establishes Political Constitution of the United Mexican States;
c) Ensure that they receive medical and psychological care when necessary;
d) Adopt measures deemed necessary to prevent them from getting into danger of their physical and psychological integrity, in the field of their competence;
e) Receive and preserve all indicia and test elements that the victim or They provide for the verification of the body of the offence and the probable responsibility of the accused, immediately informing the Public Ministry in charge of the matter for the latter to agree on the conduct, and
f) Grant the facilities that the Laws establish to identify the accused, without risk to them, especially in cases of crimes against freedom, normal psychosexual development or the free development of personality.
XI. Give compliance to arrest warrants and other ministerial and jurisdictional mandates;
XII. Interview persons who may provide some information or element for the investigation in case of a flagrant or mandated Public Ministry;
XIII. To record the status of persons, things and places, by means of inspections, drawings, photographs, video footage, and other operations requiring the investigation, without prejudice to the intervention that corresponds to the expert services. The constances, together with the photographs, video footage and other elements that support them, must be sent to the Public Ministry to be added to the previous investigation, and
XIV. The others who trust this Code and other applicable provisions.
In the exercise of the investigative function referred to in this article, it is strictly forbidden to the Police to receive statements of the index or to stop any person, outside the cases of flagrancy, without any written instructions from the Public Ministry, the judge or the court.
Article 4o.-Preinstruction, instruction, and first instance procedures, as well as the second instance before the court of appeal, constitute the criminal proceedings federal courts, within which it is exclusively for the federal courts to decide whether or not a fact is federal crime, to determine the liability or the criminal irresponsibility of the persons charged to them and to impose the penalties and measures of security to be carried out in accordance with the law.
During these procedures, the Public Ministry and the Judicial Police under the command of the latter shall, where appropriate, also exercise the functions referred to in Article 2 (II); and the Public Ministry will take care that the federal courts strictly apply the relevant laws and that the resolutions of those courts are duly enforced.
Article 5o.-In the execution procedure, the Executive Branch, through the body that the law determines, will execute the penalties and security measures decreed in the sentences from the courts to their extinction; and the Public Ministry will take care that the court rulings are duly served.
TITLE FIRST
General Rules for Criminal Procedure
CHAPTER I
Competition
Article 6o.- It is a court competent to know of a crime, that of the place in which it is committed, except as provided for in the second, third and fifth paragraphs of the Article 10.
If the offense produces effects on two or more federative entities, the judge of any of these or the one that would have prevented it will be competent; but when the conflict involves as parties indigenous and non-indigenous, it shall be competent court to exercise jurisdiction in the domicile where the indigenous party is located.
Article 7o.-In the cases of articles 2o, 4o and 5o, fraction V of the Penal Code, the court in whose territorial jurisdiction the defendant is located shall have jurisdiction; But if it is found abroad, it will be to request the extradition, to instruct and to fail the process, the court of the same category in the Federal District, before the Public Ministry exercises the criminal action.
Article 8o.-In the cases of Sections I and II of Article 5o of the Criminal Code, the court to whose jurisdiction the first point of the territory corresponds is competent where the vessel arrives; and in the cases of the third part of the same article, the court to whose jurisdiction the port of the vessel is located or arrives.
Article 9o.-The rules in the previous article are applicable, in the case of analogous cases, to the offences referred to in the fourth part of the same Article 5o. of the Criminal Code.
Article 10.-Competent to know of continued or ongoing crimes, any of the courts whose territory they produce effects or have carried out acts constituting such offences.
In case of a crime contest, the Federal Public Ministry will be competent to hear about the crimes of the common jurisdiction that have connection with federal crimes, and the judges They will also have jurisdiction to judge them.
You will also be competent to hear a case, a district judge other than the place of commission of the offence, taking into account the characteristics of the fact imputed, the personal circumstances of the defendant, for reasons of security in the prisons or for others that prevent the proper development of the process, when the Public Ministry of the Federation considers it necessary to carry out the exercise of the criminal action before another judge. The above is equally applicable for cases where, for the same reasons, the judicial authority, on its own initiative or at the request of a party, considers it necessary to transfer to a processing facility a maximum security detention centre, in which it will be the court of the place where the centre is located.
In these cases the decline is not appropriate.
In cases of common jurisdiction offences committed against any journalist, person or facility, affecting, limiting or impairing the right to information or the right to information freedom of expression or printing, the Public Ministry of the Federation may exercise the power of attraction to know and pursue them, and federal judges will also have jurisdiction to judge them. This power shall be exercised in the case of offences where the intent of the offence is presumed and where one of the following circumstances arises:
I. Where there are indications that a public servant of the state or municipal orders has participated in the act of crime;
II. When in the complaint or complaint the victim or the offended has indicated as an alleged person responsible to some public servant of the state or municipal orders;
III. When dealing with serious crimes so qualified by law;
IV. When the life or physical integrity of the victim or offended is at real risk;
V. When requested by the competent authority of the federal entity concerned;
VI. Where the facts of the offence constitute a major impact on the exercise of the right to information or to freedom of expression or printing;
VII. Where, in the federal entity in which the act of the offence was made or the results of the offence were expressed, there are objective and generalised circumstances of risk for the exercise of the right to information or to the freedom of expression or printing;
VIII. When the constitutive act transcends the scope of one or more federative entities; or
IX. When, by judgment or resolution of an organ provided for in any international treaty of which the Mexican State is a party, the international liability of the Mexican State has been determined by default or omission in the investigation, prosecution or prosecution of crimes against journalists, persons or facilities affecting, limiting or undermining the right to information or freedoms of expression or printing.
In any of the above cases, the victim or offended may request the Public Ministry of the Federation to exercise the faculty of attraction.
In the cases provided for in fractions IV and V or when the victim or offended so requests, the Public Ministry of the Federation shall immediately require the local authority a copy of the respective investigation, and once received it shall determine whether or not the exercise of the right of attraction should be conducted within 48 hours.
Against the decision that denies the exercise of the faculty of attraction, the victim or the offended may interject, before the Attorney General of the Republic, a resource of review, within 15 working days of the date on which it was notified to it. The Attorney General of the Republic, or the public servant in whom the power is delegated, shall resolve the appeal in a term that shall not exceed 48 working hours. The review facility shall have the purpose of revoking, amending or confirming the decision concerning the exercise of the right of appeal. It shall be processed in an expeditious manner. The silence of the Attorney General of the Republic, or of the public servant to whom that power has been delegated, shall constitute the effect of confirming the resolution of the Public Ministry of the Federation.
Article 11.-For the decision of the competencies the following rules will be observed:
I. Those that are raised between federal courts will be decided in accordance with the previous articles, and if there are two or more competent ones in favor of the one that you have prevented.
II. Those that are raised between the courts of the Federation and those of the States, District or Federal Territories, will be decided by declaring the jurisdiction of the jurisdiction.
III. Those arising between the courts of one State and the courts of another State, or between those of the State and of the District or Federal Territories, shall be decided in accordance with the laws of those Entities, if they have the same provision in respect of the judicial point controversial. Otherwise, they shall be decided in accordance with the provisions of this Chapter.
Article 12.-In criminal matters, there is no extension or waiver of jurisdiction.
Article 13.-No court can promote competition to its hierarchical superior.
Article 14.-When the detainees are claimed by authorities of two or more States, or those of the States and the Federal District or Territories, and no compliance The Supreme Court of Justice will make the declaration of preference among the requesting and the required authorities. It will also resolve the matter, in the event that the requested authority refuses to present a warrant issued in accordance with the law for the apprehension of an defendant.
When detainees or defendants are claimed by two or more federal courts, they will resolve the respective jurisdiction.
CHAPTER II
Forcing
Article 15.-Performances can be performed at all times and even in the business days, without the need for prior qualification and in each one of them will be expressed the place, the time, the day, the month and the year in which they are practiced; in them the Spanish language will be used, except for the exceptions in which the law permits the use of another, in which case the corresponding translation will be obtained; and in the act that will be lifted will settle only what is necessary for the constancy of the development that the diligence has had.
When persons belonging to indigenous peoples or communities are involved, they should be assisted by interpreters and advocates who have knowledge of their language and culture, such a circumstance should be settled in the respective minutes.
Article 16.- The Judge, the Public Ministry and the Police shall be accompanied, in the proceedings they practice, of their secretaries, if they have them, or of two witnesses, who will attest to all that in those passes.
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 Federal Criminal Code, without being able to be less than three and not more than 12 years, counted from the fact that that decision is firm.
If the resolution of non-exercise of 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 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.
To the public server that breaks the reservation of the information of the preliminary investigation or provides a copy of the documents it contains, it will be subject to the the appropriate administrative or criminal liability procedure.
In the process, the courts will preside over the test acts and will, by themselves, receive the statements.
In the proceedings may be used, according to the case and in the judgment of the official who practices them, the shorthand, the dictapa and any other means that has the object to reproduce images or sounds and the means used will be record in the respective minutes.
Article 17.-In the actions and promotions no abbreviations will be used, the wrong words will not be scraped, on which only a thin line will be put reading, saving with all precision, before the signatures, the mistake made. In the same way, words that have been entered shall be saved.
All dates and data will be written precisely with letter.
The actions of the Public Ministry and the courts should be lifted in duplicate, authorized and kept in their respective archives. In any event, the courts will take and hand over to the Public Ministry, in order to keep in the aforementioned file, a certified copy of the following constances; of the cars of formal imprisonment, subjection to process or of freedom for lack of elements to process; of the cars that give entry and resolve an incident; of the final judgments, as well as of the ones that the court of appeal dictates definitively resolving some resource.
Exception made from the provisions of Article 23 of this Code, in no case shall the departure of a file from the premises of the court be authorized without prior notification of this to the Public Ministry and to whom it corresponds, in accordance with the law.
Article 18. -Immediately after the action of the day has been settled or the documents received have been added, the secretary shall follow and outline the respective sheets and place the stamp of the court at the bottom of the notebook, so that the two shall open the two faces.
The secretary will keep security due, under his or her responsibility, to the judge, the original documents, or objects that are presented to the process.
When people are members of indigenous peoples or communities, the interpreter, in addition to having knowledge of their language, must know their uses and customs.
Article 19.-The actions will be settled in the files continuously, leaving leaves or blanks; and when documents need to be added, it will be noted which are the fojas that correspond to them.
Article 20.-Promotions to be written must be signed by the author, and may be ordered to be ratified when deemed necessary; but they must always be ratifies if the one that does not sign them for any reason.
Article 21.-The secretaries must account, within twenty-four hours, with the promotions that are made. For this purpose, the records shall be recorded on the day and time when the promotions are submitted in writing and are made verbal.
Each promotion will be a separate specific resolution, which the court will establish and motivate in the terms and time limits set by the Law and if no term or deadlines exist. within the following seventy-two hours.
Article 22.-Each diligence will be settled in separate minutes.
The defendant, his defender and, where appropriate, the person of his trust who, the defendant can appoint, without the latter implying a procedural requirement, the offended, the experts and the Witnesses shall sign the report of the minutes of the proceedings in which they took part and on the margin of each of the sheets in which they were established. If they cannot sign, they will print to the calce and to the margin, the fingerprint of any of the fingers of the hand, indicating in the record which one of them was.
If you do not want to sign or print the fingerprint, the reason will be stated.
The Public Ministry will sign the calce and, if it sees fit, also on the sidelines.
If, before the signatures or fingerprints are placed, the compareants do some modification or rectification, it shall be immediately stated, expressing the reasons they said to have to make it. If any later, but before the withdrawal of the persons concerned, the amendment or amendment to the minutes shall be settled, which shall be lifted immediately after the previous one, and shall be signed by those who have intervened in the proceedings.
Article 23.-The files may be submitted to the Public Ministry to study outside the court premises, but not to the other parties involved in them. These and the offended may impose themselves on the cars of the Secretariat of the Court, taking the necessary steps not to destroy them, alter or subtract them.
Article 24.-If any constancy or record is lost, they will be reposted at the expense of the person responsible, who will be obliged to pay damages caused by the loss, and the entry for the Public Ministry shall be made.
When it is not possible to replenish all the actions, the existence of those that are inserted or mentioned in the arrest order, in the formal prison or the subject to processing, or in any other resolution of the record, provided that the accuracy of the insertion or appointment is not made in due time.
The replacement will be substantiated according to the procedure for the unspecified incidents. Without prior agreement, the Registrar shall of course record, under his responsibility and within twenty-four hours after the knowledge of the loss, the previous existence and subsequent failure of the record or the record.
The courts will investigate the lack of the constances or files whose disappearance they warn or communicate to them, for the due course of the process, using it to do so of all media which are not contrary to the law.
Article 25.-The secretaries of the courts will collate the copies or testimonies of constances that are sent, and authorize them with their signature and stamp corresponding.
Without prejudice to the provisions of Article 17, in order to remove a copy of any order or diligence, a decision of the Public Ministry or the court shall be required, if any, to be issued only in favour of persons entitled to the proceedings to obtain such documents.
Article 26.-Performances must be immediately authorized by the officials to whom it is appropriate to sign, attest or certify the act.
Article 27.-The infringement of the provisions contained in Articles 17, 18, 19, 21, 22, 23, 25 and 26 shall be punishable by a disciplinary correction, without prejudice to record the case to the Public Ministry, when it could result in the existence of a crime.
Article 27 Bis.-The actions will be null when they lack any of the essential formalities that prevent the law, so that it causes injury to any of the parties, as well as when the law expressly determines nullity. It cannot be invoked by the person who gave rise to it. The nullity of a performance shall be claimed, on the part that promotes it, in the subsequent action in which it is required to intervene, and shall be substantial in accordance with the procedure laid down for the unspecified incidents. Where the nullity of the act is resolved, the actions subsequent to the annulled act shall also be null and void. Resolutions that resolve the nullity invoked shall be appable with a return effect.
CHAPTER III
Interpreters
Article 28.-When the defendant, the offended or the complainant, witnesses or experts do not speak or understand the Spanish language sufficiently, they will be appointed request from part or office, one or more translators, who will have to faithfully translate the questions and answers to be transmitted. At the request of either party, the declaration may be written in the language of the declarant, without this obstinate for the translator to do the translation.
When there is no older translator, you can name a child who has been fifteen years old.
Article 29.-The parties may challenge the interpreter by motivating the recusal; and the official who practices the proceedings shall resolve in a plane and without recourse.
Article 30.-Witnesses may not be interpreters.
Article 31.-If the defendant, the offended or any witness is deaf-mute, he will be appointed as an interpreter to a person who can understand it, provided that he is greater than fourteen years; and in this case the provisions of the foregoing articles shall be observed.
Article 32.-Deaf and mute who know how to read and write, will be questioned in writing or through interpreter.
CHAPTER IV
Issue of the issues
Article 33.-The courts have a duty to maintain good order and to demand that they be kept, as well as the other authorities, respect and consideration. due, applying in the act, for the faults that are committed, the disciplinary corrections that this Code points out.
Article 34.-The sureties to be awarded to the courts shall be subject to the special provisions of this Code and, failing that, those of the applicable Civil Code in federal matter, and the Federal Law of Institutions of Bonding.
Article 35.-In criminal matters, no costs will be paid. The employee who will charge or receive them, even if he is a gratification, will be removed from his employment, without prejudice to the fact that he is consigned to the Public Ministry.
Article 36.-All expenses incurred in the proceedings of prior investigation, in those agreed by the courts at the request of the Public Ministry, and in the They will be covered by the courts, they will be covered by the federal treasury.
The expenses of the proceedings requested by the defendant or the defense will be covered by those who promote them. In the event that they are unable to do so and that the Public Ministry considers that they are indispensable for the clarification of the facts, they will be able to make their request for these measures and then they will also be in charge of the Federal.
Article 37.-When the staff of a court will change, no car will be provided to make the change known, but in the first one to provide the new official insert its full name; and in the collegiate courts, the names of the officials who sign them shall be placed on the margins of the car.
When you do not have to dictate any resolution before the statement, you will know the personnel change.
Article 38.-When the body of the crime concerned is accredited in the proceedings, the official who knows the matter will dictate the necessary providences, the application of the person concerned, in order to ensure their rights or to restore them to their enjoyment, provided that they are legally justified. In the case of things, only the body of the offence may be retained, whether or not checked, where, in the opinion of the person who practices the proceedings, the retention is necessary for the proper integration of the investigation.
If the delivery of the property could damage the rights of the third party or the defendant, the return will be done by means of caution in order to guarantee the payment of damages. The authority that you know will determine the nature and amount of the caution, founding and motivating your determination, in view of the circumstances of the case.
Article 39.-When during the process it will be found that the fact that is found has ramifications, or that others are followed with those that have connection, knowledge will be given of this to the Public Ministry to promote what is appropriate.
Article 40.-All proceedings of the process will be communicated to the respective court of appeal.
Article 41.-The courts will automatically dictate the procedures and providences for the prompt and expeditious delivery of justice. To this end, the parties may seek the guidance of the court on points of the procedure which is developed, such as computes, deadlines and circumstances for the promotion and the proof-out, and other questions to be taken, with full information for the participants, due process of the process, without addressing issues of substance that the judicial authority needs to resolve in the cars or in the judgment. The information shall be given by the court in public hearing with the presence of the parties.
The courts will reject outright, without the need to substantiate article, but notifying parties, incidents, resources or promotions notoriously frivolous or imsourced. Against the judgment of the Court of Justice, the remedies provided by this Code, as the case may be.
CHAPTER V
Disciplinary corrections and aaward media
Article 42.-They are disciplinary corrections:
I.- Aperception;
II.- Multa for the equivalent of one to fifteen days of minimum wage, in force at the time and place where the fault is committed. In the case of day laborers, workers and workers, the fine shall not exceed one day's wages and shall be treated as non-wage workers on a day of income;
III.- Arrest up to thirty-six hours, and
IV.- Suspension.
The suspension can only be applied to public servants, with the duration provided for by the Federal Public Servants ' Responsibilities Act.
Article 43.-Against any providence in which any disciplinary correction is imposed, the data subject shall be heard, if requested within 24 hours of the in that you have knowledge of it.
In view of what the data subject manifests, the official who has imposed it will of course resolve what it deems appropriate.
Article 44.-The Public Ministry in the prior investigation, and the courts, may employ, to enforce their determinations, the following means of award:
I. Warning;
II. Fine for the equivalent of thirty to one hundred days of minimum wage in force at the time and place where the conduct was performed or omitted. In the case of day laborers, workers and workers, the fine must not exceed one day's wages and be treated as non-wage workers on a day of their income;
III. Help of the public force, and
IV. Arrested up to thirty-six hours.
The attribution provided for in this article may be used by the Tribunal in respect of agents of the Public Ministry, defenders and experts.
The Public Ministry or the Court may give views to the competent authorities in matters of administrative or criminal liability as appropriate.
CHAPTER VI
Requisitions and exhorts
Article 45.-Pre-investigation measures to be performed outside the place where the inquiry is being processed, will be responsible for the task to be performed those functions in the place where they are to be practiced, sending the original inquiry or a trade with the necessary inserts.
Article 46.-When judicial proceedings are to be conducted outside the jurisdiction of the court hearing the case, its compliance with the the same category of the jurisdiction where they are to be practised.
If the proceedings are to be carried out outside the place of the court's residence, but within its jurisdiction, and the court is unable to move, its compliance with the lower of the same jurisdiction, or the judicial authority of the common order of the place where they are to be practised.
The form of an exhort shall be used when addressing a court equal in category, and of requisition when directed to a lower court.
When the courts are directed to officials or authorities that are not judicial, they will do so through their own office.
Article 47.-When the required federal court is unable to practice for itself, in whole or in part, the proceedings that are addressed to it, it may entrust its execution to the judge of the common order of the place where they are to be practiced, referring to the original exhort or a trade, with the necessary inserts.
Article 48.-When the court is unable to comply with the EEW or the request, the person or the things that are the subject of the due diligence shall be found in another jurisdiction. forward to the court of the place where the court or tribunal is situated, and shall inform the applicant.
Compliance with the exhortations or requisitions does not imply an extension or waiver of competition.
Article 49.-The exhorts and requisitions shall contain the necessary inserts, according to the nature of the proceedings to be carried out; they shall bear the seal of the court, and shall be signed by the relevant official and the respective secretary or by witnesses.
The required courts will process the exhortations and requisitions even if they lack any formality, if the absence of this does not affect their validity or prevents the knowledge of the nature and characteristics of the requested diligence, except arrest and search warrants, which must fill all formalities.
Article 50.-In urgent cases, notified that the Public Ministry has previously done so and who corresponds to the law, it may be resolved that the use of the telegraphic, expressing with all clarity the steps to be taken, the party that requested them, the name of the defendant, if possible, the crime of which he treats and the foundation of the providence. These exhorts shall be sent by trade to the head of the telegraphic office of the town, accompanied by a copy, in which the respective employee of that office shall extend receipt; the office shall be delivered by the Registrar or the The court's actuary, who will identify with the telegraphic service officer, who will have to add this circumstance to the text of the telegram. On the same date as the said office is delivered to the telegraphic office, the requesting court shall send by mail the EEW or in-form requisition.
Article 51.-(Repeals).
Item 52.-(Repeals).
Article 53.-The court that receives an extended request or requisition in due form shall complete it within a period of not more than five days from the date of the the date of receipt; if, by the nature or circumstance of the due diligence, its completion is not possible within the prescribed period, the court shall so decide, determining or reasoning the reasons for doing so. If you estimate that all legal requirements are not met, you will return it to the applicant, founding your refusal within the same time limit set forth in this article.
When a court does not heed an appeal or request without justification, the one who issued it may occur in a complaint to the superior of that court. Received the complaint, it will be resolved within the three-day term, with the view of the constances of the exhort or requisition, of what the contending authorities and audience of the Public Ministry will expose.
Article 54.-If the court of appeal considers that he should not fill in the exhort for interest in it his jurisdiction, he will hear the Public Ministry and will resolve within three days, promoting in their case the respective competence.
Article 55.-Full faith and credit will be given to the exhorts and requisitions to be delivered by the courts of the Federation, and must be filled in as long as the conditions are fulfilled. fixed by this Code.
Article 56.-When the fulfillment of an exhort or requisition is delayed, your office will be remembered by trade. If, in spite of this, the delay continues, the requesting court will bring it to the attention of the immediate superior of the required one, if it is an appeal. Such superior shall press the morose, obliging him to take up the appeal and make the case to the Public Ministry, if appropriate.
If the request is made and the delay continues, the requesting court will make use of the award means and, if appropriate, will record the case to the Public Ministry.
Article 57.-The judgment given by the required court ordering or denying the practice of the proceedings entrusted to it, admits the resources that this Code establishes and will be settled by the federal court competent in the Circuit in which the requested court is located.
Article 58.-The appeals to the foreign courts will be sent, with the approval of the Supreme Court, through the diplomatic way to the place of their destination. The signatures of the authorities issuing them shall be legalized by the President or the Secretary-General of Agreements of that State and those of these public servants by the Secretary of Foreign Affairs or the public servant whom he designates.
Article 59.-The practice of legal proceedings in foreign countries may be entrusted to the secretaries of legations and consular agents of the Republic, by means of trade with the necessary inserts.
Article 60.-Foreign court appeals must have, in addition to the requirements of the respective legislations and international treaties, the the legalisation of the authorised representative to deal with the affairs of the Republic at the place where they are issued.
CHAPTER VII
Catos
Article 61.- When in the preliminary investigation the Public Ministry considers necessary the practice of a search, it will go to the competent judicial authority, or if not (a) the law of the common order, to request by any means the diligence, stating the application, expressing its object and necessity, as well as the location of the place to be inspected and the person or persons to be located or to be apprehended, and the objects being searched or to be secured to what should only be limit the diligence.
At the beginning of the diligence the Public Ministry will designate the public servants who will assist you in the practice of the same.
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 The public servants appointed by the Public Ministry to assist him in the practice of diligence shall not be able to serve as witnesses of the diligence.
When these requirements are not met, the diligence will lack any evidentiary value, without any excuse for the consent of the occupants of the place.
The request for a search warrant must be settled by the judicial authority immediately, within a period not exceeding twenty-four hours after the date of the request. has received. If, within the prescribed period, the judge does not resolve the order of search, the Public Ministry may use the hierarchical superior to resolve it within an equal period.
Article 62.- The proceedings of the search shall be carried out by the Public Ministry, subject to judicial authorization, which may be assisted by the police, as precise in the commandment. If any authority has requested the Public Ministry to promote the search, it may attend the diligence.
Article 63.-To decree the practice of a search, it will be sufficient for the existence of indicia or data that make it possible to presume, in the foundation, that the defendant to whom finds in the place where the due diligence is to be carried out; or that the objects of the offence, the instrument of the offence, books, papers or other objects, which may be used for the verification of the offence or the responsibility of the unblamed.
Article 64.-Cates must be performed between six and ten and eight hours, but if arrivals ten and eight hours are not completed, they may be continued until their conclusion.
Article 65.-When the urgency of the case so requires, the search can be performed at any time, and this circumstance must be expressed in the injunction.
Article 66.-If, when a search is performed, the discovery of a crime other than the one that has motivated it is coincidental, it shall be recorded in the corresponding record, provided that the offense discovered is from those who are pursuing their trade.
Article 67.-For the practice of a search in the residence or office of any federal or state authority, the court shall seek authorization. corresponding.
Article 68.-When a search has to be performed on foreign merchant ships, the provisions of the maritime laws and regulations will be observed.
Article 69.-When a search is performed, the instruments and objects of the offense are collected, as well as the books, papers, or any other things that are found, if they are (a) to the success of the investigation or to be related to the new offence in the case provided for in Article 66.
An inventory of the objects that are collected related to the offense will be formed that will motivate the search and, if applicable, another one separately with those that relate to the new crime. In any event, the rules referred to in Articles 123 Bis to 123 Quintus shall be observed.
Article 70.-If the defendant is present, the collected objects will be shown to recognize them and put their signature or rubric in them, if they are susceptible to it; and if I don't know to sign, their fingerprints. Otherwise, a strip of paper will be attached to them that will be sealed in the junction of the two ends and the defendant will be invited to sign or put his fingerprints. In both cases, this circumstance will be stated, as well as if you could not sign or place your fingerprints, or refuse to do so.
CHAPTER VIII
Terms and terms
Article 71.-The deadlines are unextendable and will begin to run from the day following the date of the notification, except for cases that this Code expressly states.
They will not be included in the deadlines, Saturdays, Sundays or indeft days, unless it is to put the defendant at the disposal of the courts, to take your statement preparatory, or to resolve the provenance of your prison, subjection to process, or freedom.
Article 72.-The time limits shall be counted for working days, except for the three cases referred to in the second part of the preceding article and any other than By legal provision, it must be computed for hours, as they will be counted from moment to moment, starting from the time corresponding to the law.
The terms shall be fixed for the day and the hour, and except for the acts referred to in Article 19 Constitutional and other provisions, shall be specified by the court at least with forty-one and eight hours in advance of the day and time of the holding of the proceedings to which they relate.
CHAPTER IX
Citations
Article 73.-With the exception of the high officials of the Federation, everyone is obliged to appear before the courts and before the Public Ministry when it is cited, unless you are unable to do so because you have any disease that prevents you, or has any other physical impossibility to present yourself.
Article 74.-Citations may be made verbally, or by cedula, or by telegraph, in any of these cases being recorded in the case.
The cedula will be settled on official paper and must be sealed by the court or the Public Ministry to do the summons.
Article 75.-The cedula and telegram will contain:
I.- The legal designation of the authority to which the cited authority is to be presented;
II.- The name, last name and address of the quoted if they are known or, if not, the data available to identify it;
III.- The day, time, and place to appear;
IV.- The award means to be used if you do not share; and
V.- The signature or transcript of the official's signature ordering the subpoena.
Article 76.-When the citation is made by cedula, it must be accompanied by a duplicate in which the person concerned or any other person who receives it is signed.
Article 77.-When the citation is done by telegraph, it will be sent in duplicate to the office to be transmitted, which will return, with its proof of receipt, one of the copies to be added to the case.
Article 78.-In case of urgency, the summons by telephone to be transmitted by the official of the judicial police who practice the proceedings or the secretary or the appropriate actuary of the appropriate court, who shall make the summons with the particulars referred to in Article 75 (I) and (III), stating that they are on the file.
You may also order the police to make the citation by telephone, complying with the requirements of the same Article 75.
Article 79.-The person who has expressly stated his or her will to be summoned by that means, giving the number of the apparatus to which he or she has expressly stated, may also be quoted by telephone. must be spoken to, without prejudice to the fact that if it is not found in that place or is not considered appropriate to do so in this way, it is cited by some of the other means mentioned in this Chapter.
Article 80.-When the summons cannot be made verbally, it will be done by cedula, which will be handed over by the court's staff or by the auxiliaries of the Public Ministry. directly to the person mentioned, who must sign the corresponding receipt in the copy of the cedula, or stamp in it his fingerprints when he does not know to sign; if he refuses to do so, the commissioned staff will settle this fact and the reason that he will express for his refusal.
When the case allows, the card can be sent by mail, in closed and sealed with acknowledgement of receipt.
Article 81.-In the case of a subpoena by cedula, when it is not found to whom it is intended, it will be delivered at its home or in the place where it works, and in the duplicate, which is add to the file, the signature or fingerprint of the person receiving it, or its name and the reason why it did not sign or make its mark.
If the person who receives the summons will manifest that the person is absent, he will say where he is and from when he was absent, as well as the date on which his return is expected, and all of this shall be recorded for the respective official to give the providences that they were from.
In the cases referred to in the preceding paragraph of this Article, and the previous article, the Registrar or actuary of the court or, where appropriate, the judicial police or the auxiliary of the Federal Public Prosecutor's Office, will settle the data it has collected to identify the person to whom the card has been delivered.
Article 82.-The summons to military officers and employees, or individuals in any branch of the public service, shall be made through the respective superior hierarchical, to less than the success of the processing requires it not to be done so.
Article 83.-When the residence of the person to be cited is ignored, the police will be charged to find out their home address and provide it. If this investigation is not successful and who orders the summons, it may be appropriate to do so by means of a newspaper of the highest circulation.
A copy of the newspaper will be added to the case in the part that contains the insert, so that the newspaper, the date of publication and the section and page in the which is displayed.
Article 84.-The summons to the juries shall be made by means of cards which shall be given to the persons concerned through the Registrar or actuary of the court, and shall contain:
I.- The place and date the appointment is issued;
II.- The object of her with the expression of the names and surnames of the accused, of the offense for which he must be tried and the designation of the person against whom it was committed;
III.- The place, day, and time the jury is to be installed;
IV.- The conmination that if the cited does not contest pay a fine of five to one hundred pesos, or will suffer arrest of one to fifteen days; and
V.- The clerk's signature and the court's seal.
Article 85.-The Registrar or actuary of the court shall, by means of a report in the case, account for the outcome of the delivery of the appointments referred to in the preceding article, precisely before the time indicated for the hearing.
The lack of compliance with this provision will be sanctioned by the court with a fine of up to ten days of minimum wage in force at the place in question.
CHAPTER X
Right Audiences
Article 86.-The hearings will be public and in them the defendant will be able to defend himself or his defender.
The Public Ministry will be able to replicate as many times as possible, with the defense being able to answer in each case.
If the defendant has several defenders, he will not hear more than one of them every time he touches the defense. When several agents of the Public Ministry intervene, only one of them will be heard each time it is appropriate to intervene with the Public Ministry.
Article 87.-The hearings shall be held, the parties shall participate or not, except the Public Ministry, which shall not cease to attend them. In the course of the preparatory statement, the person of his or her human rights defender shall appear, and where appropriate, the person of his or her trust which the accused person may designate, without the latter implying a procedural requirement.
In the final hearing of the trial, it will also be mandatory for the human rights defender to make the oral defense of the accused, without prejudice to the written argument he wants. present.
In the case referred to in Article 124 (a) of this Code, the hearings in which the defendant is to participate shall not be held without the translator to which the refers.
Article 88.-In the hearings referred to in Articles 305, 307 and 311 if the defender does not contest, the official who is in charge of them, will defer them, requiring the defendant for which new name you are defending, and if you do not, you will be appointed one of your own.
When the new defender is not in a position, in accordance with the nature of the business, to comply with his or her duties, the hearing will be deferred or suspended. court.
If the phaltist is a defender of trade, the fault shall be communicated to his immediate superior, his presentation shall be ordered or replaced by another, without prejudice to his entry to the Public Ministry if applicable.
Article 89.-During the hearing the defendant will be able to communicate with his defenders, but not with the public.
If you violate this provision, a disciplinary correction will be imposed.
If any person in the public communicates or tries to communicate with the defendant, he/she will be removed from the hearing and a disciplinary correction will be imposed, if estimated. convenient.
Article 90.-Before the debate is closed, the presiding officer will ask the defendant if he wants to make use of the word, grant it in case affirmative.
Article 91.-If the defendant alters the order in a hearing, he will be charged that if he insists on his attitude, his right to be present will be waived; if not However, this continues, it will be sent to withdraw from the premises and will continue the diligence with its defender. All this, without prejudice to the disciplinary correction which the court considers appropriate.
Article 92.-If it is the defender who alters the order, it will be issued to him, and if he continues in the same attitude, he will be expelled from the premises, and a correction may be imposed. disciplinary. In order to ensure that the defendant does not have an advocate, it shall be carried out in accordance with the provisions of the first part of Article 88.
Article 93.-In the hearings the police will be in charge of the official who is in charge.
In the event that the official is absent from the premises, the police will be in charge of the Public Ministry.
When the Public Ministry will also leave the premises where the hearing is held, the police will be entrusted to the head of the escort who has led the accused.
CHAPTER XI
Judicial Resolutions
Article 94.-Court decisions are: judgments, if they terminate the instance by resolving the matter in the main; and autos, in any other case.
Any resolution shall be founded and reasoned, shall express the date on which it is delivered and shall be drawn up in a clear, precise and consistent manner with the promotion or procedural action which the origine.
Any resolution must be satisfied or executed in its terms.
Article 95.-The statements will contain:
I.- The place in which they are pronounced;
II.- The designation of the court that dictates them;
III.- The names and surnames of the accused, their nickname if they have it, the place of birth, nationality, age, marital status, if any, the indigenous ethnic group to which belongs, language, residence or address, occupation, trade or profession.
IV.- A brief extract of the facts exclusively conducive to the resolutive points of the order or the judgment in its case, avoiding unnecessary reproduction of constances.
V.- The considerations, fundamentals, and legal motivations of the statement; and
VI.- The condemnation or acquittal that comes, and the other corresponding resolvable points.
Article 96.-The cars will contain a brief statement of the point in question and the corresponding resolution, preceded by their motivation and legal bases.
Article 97.-Cars containing orders of mere processing must be issued within forty-eight hours, counted from the time the promotion is made; the other Except as provided in the law for special cases within three days and the judgment within ten days from the end of the hearing; but if the file exceeds five hundred fojas, for each hundred of excess or fraction will be increased one day more than the deadline, without ever being greater than thirty days
Article 98.-Judicial resolutions shall be issued by the respective Ministers of the Supreme Court of Justice, Magistrates or Judges, and shall be signed by them and by the the secretary who corresponds or, to the absence of the latter, by witnesses of assistance.
Article 99.-For the validity of judgments and autos that are not of a mere formality, dictated by a collegiate court, the majority of the majority voting shall be required. its members.
Article 100.-When any of the components of a collegiate court are not in accordance with the majority resolution, it succinctly expresses the reasons for its Particular vote, which will be added to the case.
Article 101.-No single judge or court can modify or vary its resolutions after they have been formulated, nor the collegiates after they have voted. This is without prejudice to the clarification of the statement.
Article 102.-Judicial decisions cause status when the parties to the decisions are notified, expressly manifest their conformity, do not interpose the they come within the time limits laid down by the law or, also, when the resources raised against them are resolved.
No judicial resolution shall be executed without prior notification of the decision to the Public Ministry and to whom it corresponds, in accordance with the law.
CHAPTER XII
Notifications
Article 103.-Notifications will be made no later than the day after the resolutions that motivate them are dictated.
When the resolution enters a summons or a term for the practice of a diligence, it shall be notified personally with forty-eight hours in advance, at least, per day and time when the action or hearing to which it relates is to be held, taking into account the provisions of the second paragraph of Article 72 of this Code, and assisting with a translator if the person to be notified does not speak or understand The Spanish language is sufficient.
Article 104.-The resolutions against which the appeal proceedings proceed, will be personally notified to the parties through the secretary or actuary of the court.
Other decisions with the exception of autos which order apprehensions, catheos, precautious providences, insurances and other similar measures in respect of which the The court considers that it is necessary to keep it for the success of the investigation to be notified to the detainee or to the person prosecuted personally, and to the other interested parties in the form indicated in article 107 of this Code.
Article 105.-In the cases referred to in the second part of the previous article, the resolutions to be kept in place shall only be notified to the Public Ministry. In other cases, personal information shall not be required if the defendant has authorized any defender to receive the notifications to be made.
Article 106.-When the defendant has multiple defenders, you will designate one of them to receive the notifications that correspond to the defense, without prejudice to the notified or some of the others, if requested by the court.
If that designation is not made, it will be sufficient to notify any of the defenders.
Article 107-The actuaries or secretaries of the court who make the notifications that are not personal, will set a list of the cases on the court's door daily agreed, expressing only the number of the file and the name of the defendant, and shall establish a record of that fact in the respective files. In the places where the Federation's Judicial Bulletin is issued, the list will be published in the Federation.
If any interested party wishes to be notified personally, it may take place no later than the day after the list is fixed or the publication is made in the Bulletin Judicial of the Federation, requesting it from the actuary or secretary of the court. If the persons concerned are not present, the notification shall be made on the third day of the establishment of the list at the Court's door or of the publication of the list in the Official Gazette.
Article 108.-People who are involved in a process, will designate in the first diligence an address located at the place, to receive notifications. If by any circumstance they do not make the designation, they change their domicile without giving notice to the court or they point out a false one, the notification will be made to them even when they must be personal, in the form that the previous article establishes.
Article 109.-Personal notifications will be made in the court or in the designated address. If you do not find the person concerned at the address, you will be left with any of the people who reside there, a cedula that will contain: name of the court that dictates, cause in which it is dictated, transcription, in the conduct, of the resolution be notified, day and hour in which the notification is made and the person in which it is left, in addition, the reason why it was not done in person to the person concerned.
If the person to be notified refuses to receive the official in charge of making the notification, or the persons residing at the address refuse to receive the cedula, or do not know find no one at the site, the cedula will be fixed at the entrance door.
Article 110.-If it was proved that no decreed notification was made, or that it was made in contravention of the provisions of this Chapter, the person in charge of making it will be responsible the damages caused by the fault and shall be judged according to the law, if it works with dolo. Otherwise, a disciplinary correction will be imposed.
Article 111.-If, despite not having made the notification in the way that this Code prevents, the person to be notified is a providence savant, will have the notification made.
Article 112.-The notifications made against the provisions in this chapter will be null, except in the case of the previous article.
CHAPTER XIII
Reparations agreements
Article 112 Bis. The restorative agreements are those concluded between the victim or offended and the defendant who, once approved by the Public Ministry or the Judge and fulfilled in their terms, have the effect of the conclusion of the criminal procedure.
They will be sourced in the following cases:
I. Offences to be pursued by a complaint or equivalent part of the offending requirement;
II. Culpous offenses, or
III. Property crimes committed without violence on people.
The repair agreements shall not be made in cases where the person concerned has previously concluded other agreements for acts of the same legal nature, except that five years have elapsed after the last repair agreement has been completed, or family violence offences.
They will proceed until the conclusions are formulated. The Judge may, at the request of the parties, suspend the criminal proceedings for up to 30 days so that the parties may conclude the agreement with the support of the competent authority specializing in the matter. In the event that the concertation is interrupted, either party may request the continuation of the process.
Article 112 Ter. The parties may conclude immediate or deferred remedial agreements. In the event that compliance must be deferred and no specific deadline, the term shall be understood to be for one year.
The deadline for compliance with the obligations will suspend the processing of the proceedings and the prescription of the criminal action.
If the defendant fails to comply with the obligations agreed upon within the agreed deadline, the Public Ministry will do so with the knowledge of the Judge, who will order lift the suspension of the process and continue with the procedure as if no agreement had been concluded. Information generated as a product of the repair agreements may not be used to the detriment of the parties within the criminal proceedings.
The judge will decree the extinction of the criminal action once the full compliance with the obligations agreed upon in a repair agreement has been approved, executed statement.
Article 112 Quater. The restorative agreements must be approved by the Judge when they are deferred or when the process has already been initiated and by the Public Ministry, in the stage of preliminary investigation, when they are of immediate compliance; in this Last case, the criminal action shall be declared extinct.
The party inaccordance with this determination of the Public Ministry may appeal to the holder of the institution for the prosecution of justice or the public servant who the same shall be determined within three days from the date of the approval of the agreement.
Prior to the approval of the restorative agreement, the Judge or the Public Ministry shall verify that the obligations that are contracted are not notoriously disproportionate and that the interveners were in a position of equality to negotiate and that they have not acted under conditions of intimidation, threat or coercion.
TITLE SECOND
Preview
CHAPTER I
Getting started with the procedure
Article 113.- The Public Ministry and its auxiliaries, in accordance with the orders they receive from him, are obliged to proceed on their own initiative to the investigation of the crimes of which they have news. In the case of offences to be pursued ex officio, the information or information provided by the police, in which the knowledge of the investigating authority which may be carried out, shall be sufficient for the initiation of the investigation. (a) the conditions for the application of the provisions of Article 118, 119 and 120 of this Regulation. The communication or information part shall be accompanied by the elements which are available and which are conducive to the investigation. The previous investigation will not be able to start ex officio in the following cases.
I.- When dealing with crimes in which only the necessary query can be made, if this is not presented.
II.- When the law requires any prerequisite, if it has not been filled.
If the one who initiates an investigation does not have the role of pursuing it, it will immediately give the account to which it is legally appropriate to practice it.
When for the pursuit of a crime, a complaint or other equivalent act is required, as a requirement of procedure, the Federal Public Ministry shall act as provided for in the the Organic Law of the Office of the Attorney General of the Republic, to ascertain whether the authority formulates a complaint or satisfies the requirement of equivalent procedures.
Dealing with anonymous information, the Public Ministry will instruct the Police to investigate the veracity of the data provided; to confirm the information, The first paragraph of this article shall also be observed by the first paragraph of this Article.
Article 114.-The offence is necessary, only in cases where the Criminal Code or other law is determined.
Article 115.-When the offended is a minor, but more than sixteen years old, you may want to be self-entitled or entitled to do so. In the case of minors of this age or of others who are incapable, the complaint will be filed by those who exercise parental authority or guardianship.
Article 116.-Any person who has knowledge of the commission of a crime to be prosecuted, is obliged to report it to the Public Ministry and in case of urgency to any officer or police officer.
Article 117.-Everyone who in the exercise of public functions is aware of the probable existence of a crime to be pursued ex officio is obliged to immediately participate in the Public Ministry, transmitting all the data it has, and, of course, to the accused, if they have been arrested.
Article 118.-Complaints and complaints may be made verbally or in writing. In any event, they shall be counterposed to describe the alleged criminal acts, without legally qualifying them, and shall be done in the terms laid down for the exercise of the right of petition. Where a complaint or complaint does not meet these requirements, the official who receives the complaint shall prevent the complainant or the complainant from amending it, in accordance with them. The complainant or complainant shall also be informed of the legal significance of the act which they carry out, on the penalties in which it is falsely produced before the authorities, and on the arrangements for the the procedure in the case of a criminal offence or a complaint.
In the event that the complaint or the complaint is submitted verbally, it will be recorded in the minutes that the official who receives the complaint will be lifted. Both in this case and when they are written, they shall contain the signature or fingerprint of which the present and its domicile.
When the complainant or plaintiff make the complaint or the complaint published, they are obliged to publish also at their expense and in the same way used for that publication, the agreement which falls upon the conclusion of the preliminary investigation, if so requested by the person against whom such a complaint or complaint had been made, and without prejudice to the responsibilities in which those persons incur, where appropriate, in accordance with other laws applicable.
Article 119.-When the complaint or complaint is filed in writing, the public servant who knows of the inquiry must ensure the identity of the complainant or (a) the applicant's legal position, the legitimate nature of the documents in question and the authenticity of the documents in which the complaint is lodged and the complaint or the complaint.
In any case, the public servant who receives a complaint or a complaint made verbally or in writing will require the complainant or plaintiff to produce under protest tell the truth, with the warning referred to in Article 118, and ask them the questions it considers to be relevant.
Article 120.-Legal proxy intervention for the filing of complaints shall not be admitted, except in the case of moral persons who may act through the General proxy for litigation and collection. Complaints made on behalf of moral persons shall be admissible when the proxy holder has a general power for litigation and recovery, with a special clause to formulate complaints, without the necessary agreement or ratification of the Council of Management or Assembly of Partners or Shareholders special power for the given case, nor concrete instructions from the mandant.
Article 121.-When a document or the court is in doubt founded on its authenticity, the Agent of the Public Ministry will be given a view of its authenticity. If this is requested, it shall be broken down from the autos, leaving in them a photostatic copy, and if not possible, a certified copy. The original of the document, to be signed by the Judge or Magistrate and the Registrar, and the testimony of the relevant constances, shall be forwarded to the Public Ministry.
Article 122.-In the cases of the previous article, the person who submitted the document will be required to say whether or not to insist that it be taken into consideration. affirmatively and whenever the falsehood is of such a nature, in the judgment of the court, that if it were to be given a sentence it would have a substantial influence on it, it will order, at the request of the Public Ministry, that the civil procedure to be suspended from the citation for judgment, until it is declared that there is no place for the criminal action, or if it is attempted, until the final decision is taken. If the document is not insisted on, the civil procedure shall not be suspended.
This article will also be applied when you drive it when you make it false to a witness.
CHAPTER II
Special Rules for the Practice of Diligence and Lifting of Prior Inquiry Minutes
Article 123.- Immediately that the Public Ministry, the police officers or the officials responsible for practicing in their assistance due diligence are aware of the probable existence of a crime to be pursued on its own initiative, will dictate all the measures and providences necessary to: provide security and assistance to victims and witnesses; prevent them from being lost, destroyed or altered. the indicia, traces or traces of the criminal act, as well as the instruments, objects or products of the offence; to know which persons were witnesses; to prevent the offence from being committed and, in general, to prevent the investigation from being made difficult, by proceeding to the arrest of those who took part in the cases of gross crime and their immediate registration.
The same will be done dealing with crimes that can only be pursued by complaint, if it has been formulated.
The Public Ministry may only order the arrest of a person, in the case of a flagrant or urgent crime, in accordance with the provisions of Article 16 of the Constitution. and in the terms of Articles 193 and 194 respectively.
Article 123 Bis.- The preservation of the indicia, traces or vestiges of the criminal act, as well as the instruments, objects or products of the crime is direct responsibility of the public servants who come into contact with them.
A record containing the identification of persons involved in the chain of custody and those authorised to be authorised shall be entered in the prior investigation. to recognize and handle the indicia, traces or traces of the criminal act, as well as the instruments, objects or products of the crime.
The guidelines for the preservation of indicia, traces or vestiges of the criminal act, as well as the instruments, objects or products of the crime, which by agreement The General Attorney General of the Republic will issue details and information necessary to ensure the integrity of the data.
The chain of custody shall start where the physical evidence is discovered, found or lifted and shall be terminated by a competent authority.
Article 123 Ter.- When the police units empowered to preserve the place of the facts discover traces, traces or traces of the fact Criminal, as well as the instruments, objects or products of the offence, at the place of the facts, shall:
I. Report immediately by any effective means and without delay to the Ministry He published and indicated to him that the corresponding measures for the clarification of the facts have been initiated, for the purposes of the conduct and control of the investigation;
II. Identify the indicia, traces or vestiges of the criminal act, as well as the instruments, objects or products of the offence. In any case, they shall be thoroughly described and set out;
III. Collect, lift, technically pack and label the indicia, traces, or vestiges of the criminal act, as well as the instruments, objects or products of the crime. They shall describe the manner in which the respective collection and lifting has been carried out, as well as the measures taken to ensure the integrity thereof, and
IV. Deliver all indicia, traces or vestiges of the event to the Public Ministry (a) criminal proceedings, as well as the instruments, objects or products of the offence, their respective containers and the minutes, police or documents in which their original state has been established and the provisions of the previous fractions of the effects of the investigation and the practice of the legal proceedings which is ordered. These documents must include the signature of the public servants who intervened in the proceedings.
Article 123 Quater.- The Public Ministry shall ensure that the procedures for preserving the indicia, traces or traces of the event have been followed. criminal, as well as the instruments, objects or products of the offence.
Dealing with the indicia, traces or vestiges of the criminal act, the Public Ministry will order the practice of the pericial tests that result. With respect to the instruments, objects or products of the offence, they shall order their assurance in accordance with the provisions of Article 181 of this Code, prior to the expert opinions to which they may have taken place.
In case the collection and removal of the indicia, traces or traces of the criminal act, as well as the instruments, objects or products of the crime has not been done as pointed out in the previous article, the Public Ministry shall settle it in the preliminary investigation and, where appropriate, shall give an opinion to the competent authorities for the purposes of the responsibilities to which there is a place.
Article 123 Quintus.- The experts shall ensure the correct handling of the indicia, traces or traces of the criminal act, as well as the instruments, objects or products of the offence and shall carry out the expert's advice. The respective opinions will be sent to the Public Ministry for the purposes of the investigation. The remaining evidence will be returned to the Public Ministry, who will order their protection for further prosecution or destruction, if appropriate.
The experts shall give written account to the Public Ministry when the indicia, traces or traces of the criminal act, as well as the instruments, objects or products the offence has not been properly protected, in accordance with the provisions of the foregoing and other applicable articles, without prejudice to the practice of the experts who have been instructed to do so.
Article 124.-In the case of the previous article, the corresponding record shall be lifted, which shall contain: the time, date and manner in which the facts are known; the name and character of the person who made the news of them, and their declaration, as well as that of the witnesses whose members are most important and that of the defendant, if he is present, including the indigenous ethnic group to which he belongs, if any; the description of what has been the subject of eye inspection; the names and (a) the residence of the witnesses who have not been able to examine; the result of the observation of the particularities which have been noted as a result of the events, in the persons involved; the measures and arrangements which have been made; taken for the investigation of the facts, as well as the other data and circumstances which it is deemed necessary to record.
Article 124 Bis.-In the preliminary investigation against persons who do not speak or do not understand Spanish enough, they will be appointed a translator from the first day of his detention, who must assist them in all successive procedural acts and in the correct communication to be made with his human rights defender.
The judge, if any, of its own motion, or at the request of a party, shall verify that the channel of communication is enduring; and if it considers it prudent, it may appoint the defender or the translator to improve such communication.
Dealing with persons belonging to indigenous peoples or communities, both the human rights defender and the appropriate interpreter must have full knowledge of their language and culture.
Article 125.-The Public Ministry that initiates a preliminary investigation may cite to declare on the facts to be found, to the persons who for any participate in them or appear to have data on them. The minutes shall state who mentioned the person to be quoted, or why the official who practices the proceedings considered it appropriate to make the summons.
Article 126.-When an auxiliary authority of the Public Ministry practices with this character of prior investigation, it shall transmit to it, within three days of have concluded them, the minutes or minutes raised and all that they relate to. If they have been detained, the referral shall be made without delay and the provisions of Articles 193 and 194 shall be observed.
Article 127.-When the official or agent who has initiated an investigation is presented, an official of the Public Ministry may continue on its own inquiry, in which case the first will close the record in the state in which it is located, and deliver it to that official, as well as the detainees and the objects that have been collected, communicating to him all other information that he has news; but Public Ministry, it considers it convenient for the success of the investigation, it will be able to entrust the person who has initiated it, to continue it under his direction, and the official or commissioned officer shall abide by his instructions and record that statement in the minutes.
Article 127 Bis.-Any person who has to render a declaration, in the cases of Articles 124 and 125, shall have the right to do so assisted by a lawyer appointed by him.
The lawyer may challenge the questions to the declarant if they are inconducent or against the law. But it cannot produce or induce the responses of its assisted.
Article 128.-When the defendant is detained or voluntarily filed with the Federal Public Ministry, the following shall be done immediately:
I.- It will be stated by whom you have made the arrest or who has appeared, the day, time and place of the arrest or appearance, as well as, if applicable, the name and position of the person who ordered it. Where the detention has been carried out by an authority not under the responsibility of the Public Ministry, it shall be settled or added, where appropriate, the circumstantial information subscribed by the person who has made it or has received the detainee;
II.- You will be made aware of the imputation that exists against you and the name of the complainant or querellant;
III.- You will be informed of the rights granted to you by the Political Constitution of the United Mexican States and, in particular in the previous investigation, of the following:
a) Do not declare if you so wish, or otherwise, to declare assisted by your advocate;
b) Having a proper defence for yourself, per lawyer or per person of your trust, or if you do not want or cannot appoint an advocate, you will of course be appointed a defender of trade;
c) Your advocate to appear in all evidence-proof acts within the inquiry;
d) To be provided with all the data you request for your defense and to be found in the inquiry, for which you and your advocate will be allowed to consult the office of the Public Ministry and in the presence of personnel, the file of prior investigation;
e) To be received by witnesses and other evidence to offer and to be taken into account to dictate the appropriate resolution, granting them the time necessary to do so, provided that it does not result in the obstruction of the inquiry and the persons whose testimonies they offer are in the place where it is carried out. Where the proof of evidence offered by the defendant or his/her human rights defender is not possible, the judge shall decide on the admission and practice of the tests; and
f) That he be granted, immediately upon request, his provisional release under caution, in accordance with the provisions of Article 20 of the Constitution and in the terms of the second paragraph of Article 135 of this Code.
For the purposes of points (b) and (c) you will be allowed to communicate with the persons you apply for, using the telephone or any other means of communication be able to dispose, or personally, if they are present.
From the information to the defendant on the aforementioned rights, the actions will be put on record.
IV.- When the detainee belongs to an indigenous or foreign community or community, who does not speak or does not understand Spanish enough, a translator will be appointed shall make known to him the rights referred to in the previous fraction. In the case of indigenous people, the translator and the human rights defender should also be aware of their language and culture. In the case of a foreigner, the detention shall be immediately communicated to the appropriate diplomatic or consular representation, and
V.- In any case they will be kept separate from men and women in places of detention or seclusion.
Article 129.-When determining the hospitalization of any person to a hospital or other similar establishment, the character with which it is entered must be indicated, which is communicate to the persons in charge of the respective establishment, who under their responsibility shall not authorize their departure, unless they receive written notification in this sense from the authority which has ordered the hospitalization; if this is not done that indication, it is understood that it only enters for its cure.
Article 130.-The Public Ministry shall issue the orders for the autopsy and burial of the corpse and the lifting of the respective death certificates, when it appears that The death was possibly caused by a crime and the prosecution of the judicial police is not in a state to be consigned to the courts.
If of the same measures it appears clearly that the death did not originate a crime and, therefore, do not proceed to exercise the criminal action, the orders for the uprising of the death certificate and for the burial of the corpse, shall be given by the Public Ministry.
Article 131.-If the due diligence does not result in enough elements to make the consignment to the courts and it does not appear that others can be practiced, but with After data can be obtained to continue the investigation, the file will be reserved until the data is displayed, and the police will be ordered to do investigations aimed at the clarification of the facts.
Article 132.-In the practice of prior inquiry proceedings, the provisions of Title VI of this Code shall apply.
Article 133.- When in view of the prior investigation of the Agent of the Public Ministry to whom the Regulatory Law of Article 102 of the General Constitution of the Republic empowers to do so, I shall determine that it is not to exercise the criminal action for the facts that have been denounced as crimes, or for which the complainant, the complainant, the complainant or the offended, may present their non-conformity through a document in which they expose the arguments or elements of the preliminary investigation that the Attorney General of the Republic considers that the Public Ministry has ceased to attend, before the Attorney General of the Republic within the period of fifteen days from which they have been made aware of the determination by personal notification.
The Attorney General of the Republic, hearing the opinion of his auxiliary agents and analyzing the arguments of the letter of inconformity and the causes of the exercise of the criminal action proposed by the Public Ministry, will decide definitively whether or not the criminal action should be exercised.
The resolution of the Attorney General of the Republic, may be a matter of responsibility for the case that it is resolved without taking care of the prescribed in this precept.
The resolutions of the Attorney General of the Republic shall contain:
I.- A summary of the actions contained in the previous inquiry;
II.- The reasons that the Public Ministry took into consideration for the determination of non-exercise of criminal action;
III.- The new considerations of the study of the investigation, as well as the response to the approaches made in the letter of inconformity, duly substantiated and reasoned, and
IV.- The resolvers of the new determination.
Article 133 Bis.- The judicial authority may, at the request of the Public Ministry, decree the house arrest of the person in the case of serious crimes, provided that it is necessary for the success of the investigation, the protection of persons or legal goods or where there is a well-founded risk that the defendant will be taken to the action of justice. It shall be for the Public Ministry and its auxiliaries to ensure that the mandate of the judicial authority is duly complied with.
The house will be extended for the strictly indispensable time, not to exceed forty days.
The affected person will be able to request that the root be left without effect, when he considers that the causes that gave rise to it have disappeared. In this case, the judicial authority will listen to the Public Ministry and the affected, and will decide whether or not it should be maintained.
Article 133 Ter.- The judicial authority may, at the request of the Public Ministry, impose the precautionary measures on the person against whom the exercise of criminal action, provided that such measures are necessary to prevent the subject from being brought to justice; destruction, alteration or concealment of evidence, intimidation, threat or influence to witnesses of the made in order to ensure the success of research or for the protection of people or legal goods.
It shall be for the Public Ministry and its auxiliaries to ensure that the mandate of the judicial authority is duly complied with.
Compliance with the prohibition of leaving a geographical demarcation may be monitored personally or through any technological means.
The affected person may request that the precautionary measures be without effect, when he considers that the causes that gave rise to it have disappeared. In this case, the judicial authority will listen to the Public Ministry and the affected, and will decide whether or not it should be maintained.
Article 133 Quater.- Dealing with investigations in the area of organized crime, crimes against health, kidnapping, extortion or threats, the Attorney General General of the Republic or public servants in whom the power is delegated, shall, by simple trade or electronic means, apply to the concessionaires or operators of the telecommunications service for the geographical location, in real time, of mobile communication equipment associated with a line, which is find related.
For all applications, the authority shall leave the vehicle on record and keep them in place.
In no case may the application and any omission attributable to the concessionaire or permissionaries be dismissed, be sanctioned in terms of the provisions of Article 178 Bis of the Federal Criminal Code.
The investigating authority shall be punished using the data and information obtained as a result of geographical location of mobile communication equipment for purposes other than those mentioned in this article, in terms of the provisions of section IV of Article 214 of the Federal Criminal Code.
CHAPTER III
Consigning to the courts
Article 134. As soon as it appears from the previous investigation that the body of the offence and the probable liability of the person have been credited, in the terms of Article 168, except in the cases provided for in this Code and other applicable provisions, the The Public Ministry shall exercise criminal proceedings before the courts and shall express, without the need to fully accredit it, the manner of conduct of the conduct, the specific subjective elements when the typical description so requires, as well as the other circumstances that the law provides for.
Notwithstanding the provisions of Article 15 of the Federal Criminal Code, the Public Ministry may exercise criminal action in the terms of the preceding paragraph and, in his case, the exclusionary of the offence which is updated by the lack of the subjective elements of the type, will be analyzed by the judge after the order of formal imprisonment has been handed down or of subjection to process as appropriate, without prejudice to the the right of the defendant to accredit to the Public Ministry itself No such subjective elements of the type are mentioned.
For the release of the arrest warrant, the courts will comply with the provisions of the second paragraph of Article 16 of the Constitution and in the 195 of this Code.
If the exercise of the criminal action is with arrest, the court that receives the consignment will immediately root the matter, and the defendant will be understood to be at the disposal of the judging, for the corresponding constitutional and legal effects, from the moment when the Public Ministry has made it into the corresponding prison or health center. The Public Ministry shall state that the detainee has been made available to the judicial authority and will give copies of that copy to the person in charge of the inmate or health center, who will settle the day and time of the reception.
The judge who receives the arrest will proceed immediately to determine whether the arrest was attached to the Mexican Constitution or not; in the First case will ratify the arrest and in the second will decrease the freedom with the reserves of law.
In the event that the arrest of a person exceeds the time limits specified in Article 16 of the Political Constitution cited, it is presumed that he was incommunicado, and the statements that issued the index shall not be valid.
In the statement of entry, the Public Ministry will make express the information gathered during the preliminary investigation that, in his opinion, could be considered for the Article 20 (1) of the Political Constitution of the United Mexican States and in the provisions of this Code concerning the provisional freedom of the United States of Mexico, as regards the determination of the penal type, and with regard to the elements to be taken into account for the fixing of the amount of the warranty.
Article 135.-Upon receipt of the Federal Ministry of Public Prosecution, if any detention and detention is justified, it shall immediately make the entry to the courts, if the provisions of the first paragraph of Article 134 are complied with; if such requirements are not met, they may be retained in accordance with Articles 193, 194 and 194 bis. If the detention is unjustified, it will order the detainees to be released.
The Public Ministry shall have the freedom of the defendant, in the cases and in compliance with the requirements laid down in Article 399 for the judges. The Public Ministry shall fix sufficient caution to ensure that the detainee is not taken away from the action of justice or the payment of the repair of the damage. In the case of offences committed for the purpose of vehicle traffic, this benefit shall not be granted to the defendant who has committed the offence of abandonment of persons or is in a state of drink or under the influence of narcotic drugs, psychotropic or any other substance producing similar effects. Where the offence deserves alternative or non-custodial sentence, freedom shall be provided without the need for caution.
When the Public Ministry leaves the index free, it will prevent it from appearing as many times as necessary for the practice of prior investigation, and, concluded, before the Judge to whom it is entered, who will order his presentation and if he does not appear without a fair and proven cause, he will order his apprehension, sending the guarantee granted effective.
The Public Ministry will be able to make the guarantee effective if the indiciate disobeys, without justified cause, the orders that I will dictate.
The guarantee will be cancelled and, if applicable, will be returned by the Public Ministry, when the non-exercise of the criminal action is resolved. If the case has been entered, such a guarantee shall be tacitly extended until the Judge decides to amend or cancel it.
Article 135 Bis.-The defendant shall be granted freedom without any caution, by the Public Ministry, or by the judge, when the average arithmetic sentence of the prison sentence is not exceed three years, provided that:
I.- There is no well-founded risk that the action of justice can be subtracted;
II.- Have fixed address in advance not less than one year, at the place of the residence of the authority you know of the case;
III.- Have a licit job; and
IV.- That the defendant has not been convicted of intentional crime.
This provision shall not apply in the case of the serious crimes referred to in this Code.
THIRD TITLE
ONLY CHAPTER
Criminal action
Article 136.-In the exercise of criminal action, it corresponds to the Public Ministry:
I.- Promote the opening of criminal proceedings;
II.- Request the arraignment and apprehension orders, which are sourced;
III.- Order the precautionary asset assurance for the effects of damage repair;
IV.- To render evidence of the existence of the crimes and the responsibility of the accused;
V.- Order the application of the respective penalties; and
VI.- In general, do all the promotions that are conducive to the regular processing of the processes.
Article 137.-The Public Ministry will not exercise criminal action:
I.- When the conduct or facts you know are not constituting a crime, according to the typical description contained in the Criminal Law;
II.- When it is fully credited that the defendant was not involved in the conduct or the punishable facts, and only as far as that person is concerned;
III.- When, even if the conduct or the facts in question can be criminal, proof of its existence is impossible by material obstacle. unsurpassed;
IV. When criminal liability has been legally extinguished, in the terms of the Criminal Code;
V. When of the due diligence it is fully detached that the defendant acted in circumstances that exclude criminal liability, or
VI. In other cases that you point to the laws.
Article 138.-The Public Ministry will promote the dismissal and absolute freedom of the defendant, when during the process it appears that the conduct or the facts are not establishing a crime, according to the typical description contained in the criminal law; that the defendant was not involved in the offence being pursued; that the punitive claim is legally extinguished, or that there is a cause for the defendant excluding liability.
The procedures concerning culpous offences that only cause damage to property and/or injuries to those covered by Articles 289 and 290 of the Treaty shall also be dismissed. Criminal code, if the damage to the victim or the offender is covered and the defendant has not abandoned them or acted in a state of drink or under the influence of narcotic drugs or psychotropic drugs. The above shall not be granted in the case of a fault which qualifies as a serious fault in accordance with the relevant part of Article 60 of the Criminal Code.
Article 139.-The resolutions that are issued in the cases referred to in the two preceding articles will produce the effect of definitively preventing the exercise of the criminal action in respect of the facts that motivate them.
Article 140.-In the cases of the previous article, the procedure provided for in Articles 294 and 295 of this Code shall be followed.
Article 141.- The victim or offended by any offense will have the following rights:
A. In the previous investigation:
I. Receive legal advice regarding your complaints or complaints for the defense of your interests;
II. To be informed of the rights that the Constitution and other applicable laws establish in its favor;
III. Be informed of the development of the prior investigation and the legal consequences of your actions;
IV. Be clearly informed of the meaning and legal scope of forgiveness in case you wish to grant it;
V. Being treated with care and respect due to your human dignity;
VI. Receiving treatment without discrimination, motivated by ethnic or national origin, gender, age, disabilities, social condition, conditions of health, religion, opinions, sexual preferences, civil status or any other that is against human dignity and has as its object to nullify or undermine the rights and freedoms of persons, and therefore the protection of their rights shall be made without distinction;
VII. Access to justice promptly, free and impartial in respect of your complaints or complaints;
VIII. Be assisted in the proceedings which are practiced by a lawyer or a person of trust, without involving a representation; when the victim is minor or unable and appears before the Public Ministry, may be accompanied by the person who exercises the parental authority, guardianship or curatela;
IX. Receive a simple or certified copy of your statements and your complaint or complaint free of charge, upon request;
X. Being assisted by interpreter or translator when they belong to an ethnic group or indigenous peoples, do not know or understand the Spanish language well, or suffer from a disability that prevents them from hearing or speaking;
XI. Contar with all facilities to identify the likely responsible, without putting their physical or psychological integrity at risk;
XII. To carry all of those tests that you consider to be in order to accredit the body of the crime in question, the probable responsibility of the index, the provenance and quantification by concept of damage repair. When the Public Ministry considers that it is not appropriate to integrate them into the preliminary investigation, it must establish and motivate its refusal;
XIII. To request the failure of the proceedings which, if appropriate, correspond, unless the Public Ministry considers that the de-ahogo of the determined diligence, the latter must found and motivate its refusal;
XIV. Receiving medical and psychological care when required and, in case of crimes that threaten freedom and normal psychosexual development, to receive this care for a person of the same sex;
XV. To request to the Public Ministry the continuation of the preliminary investigation and the conduct of investigations and, if this request is denied, you can claim it at the top of the public server that denied the request;
XVI. Request that the imputed be separated from the victim's domicile as a precautionary measure, in the case of crimes that endanger the integrity physical or mental of women and children, as well as when the victim lives with the accused; this request must be channeled by the Public Ministry before the judicial authority, founding and motivating the reasons that justify it;
XVII. Request sufficient measures and providences to protect your property, possessions or rights, against any act of intimidation, retaliation or damage possible, or where there is sufficient evidence to show that they may be affected by the likely perpetrators of the offence or by third parties involved or linked to the defendant;
XVIII. To request the transfer of the authority to the place where it is located, to be questioned or to participate in the act for which it was cited, when for its age, poor physical or psychological condition an insurmountable obstacle to appear, and
XIX. To challenge to the Attorney General of the Republic or the public servant in whom the faculty delegate, the omissions of the Public Ministry in the investigation of the offences, as well as the decisions of reservation, non-exercise, withdrawal of the criminal action or suspension of the procedure.
The victim or offended may provide the Public Ministry, at any time of the preliminary investigation, or the judge, directly or through the court, all the evidence or evidence to count, as well as request the practice of prosecution leading to accrediting the body of the offence and the probable liability of the defendant, as well as the provenance and amount of the damage repair.
The ministerial authority shall, within a period of three days from the receipt of such evidence, decide on its admission. If you consider that the evidence provided by the victim or the offence or the proceedings requested is unlawful or inconducive, you must establish and motivate your decision, by notifying you personally whenever you have indicated Address for this purpose.
The victim or offended, may present his or her inconformity to the Attorney General of the Republic against the decision of the Public Ministry referred to in the paragraph before, within five days from the date of notification.
The Attorney General of the Republic or the public servants in whom he delegates this faculty, hearing the opinion of his auxiliary agents and the arguments of the The following shall be issued within five days of the submission of the non-compliance, and shall give the appropriate resolution within a period of not more than three days.
B. In criminal proceedings:
I. Having access to the case to be informed about the status and progress of the procedure at any time of the procedure, making the actions related to their legal interest, other than information that puts the investigation or the identity of protected persons at risk;
II. Be informed of the development of criminal proceedings and the legal consequences of their actions;
III. Receive simple or certified copy of your statements free of charge when you request it;
IV. To assist with the Public Ministry on its own or through its lawyer, under the same conditions as the defendant's defender;
V. Carry out all of the evidence you consider to serve to accredit the body of the crime in question, as well as the responsibility of the defendant during the criminal proceedings;
VI. Manifest what is at its right, in the event that the Public Ministry submits non-accusatory findings, as well as any other act the consequence of which is the dismissal of the process or the release of the defendant during the instruction, suspend or terminate the criminal proceedings before the sentence is handed down;
VII. Be backed out, when they are accredited;
VIII. Request and receive repair of the damage in the cases from the case. The Public Ministry shall be obliged to request the repair of the damage and, where appropriate, to provide the evidence leading to the judicial authority, which shall not be able to absolve the sentenced person of such reparation if he has issued a conviction;
IX. To protect your identity and other personal data in the following cases: when they are minors; in the case of rape, kidnapping, or organised crime and, in other cases, where the judgment of the judge is necessary for its protection, while safeguarding the rights of the defence;
X. Be personally notified of the withdrawal of the criminal action and all the appealable resolutions, and
XI. The rights provided for in paragraph A, fractions I, II, IV, V, VI, VII, VIII, X, XI, XII, XVI, XVII and XVIII shall also be observed during the criminal proceedings. Likewise, the provisions of the 19th fraction will be observed in what it does to the withdrawal of the criminal action.
C. In the execution of penalties, be notified by the competent authority, upon request, of the initiation and termination of the procedure for obtaining pre-release treatment, the granting of the partial remission of the penalty and of the preparatory freedom, in order to enable it to set out what is appropriate and, where appropriate, to provide the evidence with which it is available, before the the corresponding resolution is relapsed.
Article 141 Bis. On the basis of a reasoned and reasoned request from the Public Ministry, the judge may order one or more of the following protective measures in favour of the victim or offended:
I. Personal protection measures:
a) The guardian and custody of a minor person in favor of a particular person or institution;
b) The periodic submission of the active subject to the designated authority;
c) Permanent or roaming surveillance of the authority at the victim's home or offended;
d) Go-to-place ban;
e) Prohibition of leaving without authorization of the country, of the locality in which it resides or of the territorial scope that the court establishes;
f) The prohibition of communicating with certain persons, as long as the right of defense is not affected; and
II. Actual precautionary measures:
a) The securing of goods to repair the damage caused by the crime;
b) The immobilization of bank accounts and stock certificates and securities, and
c) The preventive seizure or sequestration.
These measures will be reviewable when the same is no longer required, or the victim or offended request.
Particularly, the judge may consider in the judgment, as a protective measure, the prohibition of the sentenced to approach the victims, relatives, offended, guardians or witnesses, as well as to maintain any kind of relationship with them.
TITLE FOURTH
Instruction
CHAPTER I
General Rules of Instruction
Article 142.-Dealing with unstopped consignations, the court before which the criminal action will be exercised will root the matter within the two-day term, except as provided for. in the third paragraph, opening the file in which it will decide what is legally applicable and will practice without delay all the measures that the parties promote.
The judge will order or deny the apprehension, reapprehension, appearance or search requested by the Public Ministry within ten days from the day on which they are agreed to the case.
Dealing with the crimes that Article 194 points out as serious, the case will be made immediately and the judge will order or deny the arrest or search requested by the Ministry of Justice. Public, within twenty-four hours of the time when the case has been agreed upon.
If, within the time limits, the judge does not give a self-ruling or does not resolve the requests for apprehension, reapprehension, appearance or search, the Public Ministry may occur in a complaint to the appropriate Circuit Unitary Court.
If the judge denies apprehension, reapprehension, appearance or search, considering that the requirements of Articles 16 of the Political Constitution of the States are not met. United Mexicans and 195 of this Code, the file will be returned to the Public Ministry for the corresponding procedure.
Article 143.-Whenever a court of common order initiates proceedings in aid of federal justice, it shall immediately give notice to the competent federal court and the latter, in turn, will let the Agent of the Public Ministry know about their membership.
Article 144.-The court, with the view of the notice referred to in the foregoing article, may give the authority to practice the proceedings, the instructions it judges necessary; to move to the place to practice them personally; or to ask for their shipment of course or at their opportunity, as it deems appropriate.
In the absence of instructions issued by the federal court, in the case of consignations with detainees, the judge of the common order will give the participation that according to this law corresponds to the Federal Public Ministry, if at the place of the trial there is Agent of this authority, will take the preparatory statement to the defendant, provide what is legally applicable, resolve the conduct regarding the captive freedom and the situation in accordance with Articles 161, 162 and 167 of this Code. If these proceedings are completed, the judge of the common order shall immediately forward, through the Federal Public Ministry, the file and the detainee to the competent federal court, to the effect that the latter continues the process.
Article 145.-Judicial police actions and those practiced by common law courts that pass to the knowledge of the federal courts will not be repeated for which are valid, without prejudice to the provisions of Article 440.
The nullity and the resources raised against the resolutions of the common courts referred to in this article, when they act in the terms of section VI of article 1o. of the Organic Law of the Judiciary of the Federation, shall be resolved in accordance with the provisions of this Code, by the appropriate federal court.
Article 146.-During the instruction, the court that knows about the process must take into account the peculiar circumstances of the defendant, making data available for his/her knowledge. age, education and illustration; their previous customs and conduct; the motives that drove them to commit; their economic conditions and the special circumstances in which they were at the time of the commission of the crime; the membership of the defendant, in his case, an indigenous ethnic group and the practices and characteristics that Member of that group may have; other personal records which may be checked; as well as their links of kinship, friendship or born of other social relations, the quality of the persons offended and the circumstances of time, place, the way and the occasion, which as a whole demonstrate the seriousness of the illicit and the degree of guilt of the agent.
The court must take direct knowledge of the subject, the victim and the circumstances of the fact to the extent required for each case, having extensive powers to The data referred to in this Article can be obtained for this purpose.
The same obligation stated in the preceding paragraphs has the Public Ministry during the preliminary investigation and in the course of the instruction, for the effect of making, on the basis of the findings and requests that correspond to the exercise of the criminal action or to the formulation of conclusions.
Article 147.- The instruction must be completed in the shortest possible time. Where there is a formal prison order and the offence has a maximum penalty of more than two years in prison, it shall be terminated within ten months; if the maximum sentence is two years ' imprisonment or less, or a self-imposed restraint has been issued, the instruction must be completed within three months.
The time limits referred to in this article will be counted from the date of the formal or the subject matter of the formal imprisonment, if any. Within the month before the end of any of the periods mentioned above, the judge will dictate to order this circumstance, as well as the relationship of evidence, proceedings and appeals that appear pending. In the same order, the judge shall order the appropriate unit to be turned to the appropriate unit court, requesting it to settle the proceedings before the instruction is closed, and shall give the parties the view that, within the next ten days, they shall express what is to your right, indicating that failure to do so will resolve as ordered by article 150 of this Code.
When the judge omits to issue the order referred to in the preceding paragraph, either party may resort in the manner provided for in this Code for the complaint.
Article 148.-The pardon granted by the plaintiff will have its effects on the terms that the Penal Code prevents.
Article 149.-The Public Ministry, the offended or its legitimate representatives shall request the judge, and the judge shall have an hearing of the defendant, unless the latter has been The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice had Taking into account the probable amount of these, according to the data that the procedural constances may throw, the embargo will be denied or the one will be lifted, when the defendant or other person on his behalf is giving enough caution, in the opinion of the jurisdiction to ensure the satisfaction of the liability for damages caused.
For the purposes of this article, the embargo will be resolved and diligent, notifying the defendant immediately of the precautionary measure given, in order to de-drown the planned hearing. in the preceding paragraph.
It is understood that the defendant is subtracted from the action of justice from the moment when he is issued against arrest, apprehension or appearance, and Until it runs until it is running.
Article 150.-Transactional the time-limits stated in Article 147 of this Code or when the court considers the instruction to be exhausted will be determined by resolution that the parties shall be notified personally, and shall send the process in the light of these for 10 common days, to promote the evidence they deem relevant and which may be carried out within 15 days of the notification of the order to be placed on the application for the test. Depending on the circumstances of the case, the judge may order the court to order the proof that he considers necessary for the best to provide, or to extend the time limit for testing up to ten days. On the day after the time limits laid down in this article have elapsed, the court, on its own initiative and after the secretary-general's certification, shall make a statement of order in which the computes of those deadlines are determined.
The instruction shall be declared closed when, having resolved that such a procedure was exhausted, as provided for in the preceding paragraph, the time-limits for which the they are cited in this article or the parties have renounced them.
Article 151.-When in a criminal case it is necessary to check a civil right, this will be done by any means of proof in the course of the instruction. The judgment given in the criminal proceedings shall not serve as a basis for the exercise of civil actions which may arise from the right expressed.
Article 152.-The process will be processed in summary form in the following cases:
a) In cases of crimes whose sentence does not exceed two years of imprisonment, whether or not alternative, or the applicable one is not a custodial sentence, when issuing the order of formal imprisonment or Subject to process, the opening of the summary procedure will be resolved, in which case the instruction will be closed within 15 days. Once the court has declared it closed, it shall cite the hearing referred to in Article 307;
b) When the penalty exceeds two years of imprisonment, whether or not alternative, by issuing the order of formal imprisonment or subject to prosecution, the court of officio shall rule on the opening of the summary procedure in which the instruction shall be sought to close within 30 days, where it is in any of the following cases:
I.- That is a flagrant offense;
II.- That there is a confession rendered precisely to the judicial authority or the ratification of the surrender to the Public Ministry; or
III.- That does not exceed five years the average arithmetic term of the applicable prison term, or that exceeding is an alternative.
Once the judge agrees to close the instruction, he shall quote for the hearing referred to in Article 307, which shall be held within the following ten days;
c) In any case where a formal or a formal prison order has been issued and the parties manifest when they are notified of that order or within three days of the following the notification, that they conform with it and that they have no more evidence to offer except the drivers only to the individualization of the penalty or measure of safety and the judge does not consider it necessary to practice other measures, will cite the audience to refers to Article 307.
The defendant may opt for the ordinary procedure within three days of being notified of the establishment of the summary judgment.
Item 152 Bis.-(Repeals).
CHAPTER II
Preparatory statement of the defendant and appointment of defender
Article 153.-The preparatory statement will be received in local to which the public has access, without the witnesses who need to be examined in relation to the facts to be found.
Article 154.-The preparatory statement will begin with the general of the defendant, including the nicknames that he has, the indigenous ethnic group to which He or she belongs, if necessary, and if he speaks and understands the Spanish language and his other personal circumstances sufficiently. He will then be given the right to defend himself or himself, warning him that if he does not do so, the judge will appoint him a defender of trade.
If the defendant belongs to an indigenous people or community, he will be given the right to be assisted by an interpreter and a defender who has knowledge of his or her language and culture, in terms of Article 2o. of the Political Constitution of the United Mexican States.
If the defendant has not applied for his provisional release under caution, he will be made aware of that right again in the terms of Article 20 (1) of the Constitution. Policy of the United Mexican States and Article 399 of this Code.
You will then be asked to know what the complaint or complaint consists of, as well as the names of your accusers and the witnesses you declare against you, you will be asked if it is your If you wish to do so, you will be asked to comment on the facts. If the defendant decides not to declare, the judge shall respect his or her will by stating that in the case.
You will also be informed of all the following guarantees given to you by Article 20 of the Political Constitution of the United Mexican States; that you will receive all the witnesses and the evidence it offers, in legal terms, helping him to obtain the appearance of the persons he requests, as long as they are domiciled at the place of the trial; as well as that he will be sentenced before four months, if treat crimes whose maximum penalty does not exceed two years in prison, or before a year if the penalty maximum of that time; and that you will be provided with all the data you request for your defense and that will be in the process.
The judge will then question him about his involvement in the alleged facts, and will practice careings between the defendant and the witnesses who have declared against him and are in the place of the trial, so that he and his defender can ask them all the questions leading to their defense, the same right that also corresponds to the Public Ministry.
Article 155.-The preparatory statement will be rendered orally or in writing, by the defendant, who may be advised by his or her defender. The defendant may issue his or her statements, but if he does not, the judge who practices the diligence shall draw them up as accurately as possible. If several were charged with the same facts, they will be taken separately, in a single hearing. Where there are several defendants who are required to make a statement, the judge shall take the precautionary measures provided for in Article 257.
Article 156.-Both the defense and the Agent of the Public Ministry, who must be present in the diligence, will be able to question the defendant. The questions to be asked of them must relate to their own facts, they will be formulated in precise terms and each one will cover a single fact, except in the case of complex facts in that because of the intimate relationship that exists between them, it cannot be affirmed or to refuse one without affirming or denying the other. The judge may arrange for the interrogations to be carried out by his/her conduit when he considers it necessary, and he/she will discard the questions that he or she believes to be caught or not, but the question and the judicial resolution that will be dismissed in the file, when requested by the person who made it. This resolution will only be revocable.
Article 157.-In the cases referred to in the second paragraph of Article 135, and in all cases where the offence does not result in detention, at the request of the Public Ministry an order to appear against the defendant shall be issued to give his preparatory statement, provided that there is evidence of the body of the offence and the probable liability of the defendant.
Article 158.-If against an order of apprehension not executed or of arraignment for high school, the definitive suspension is granted for having ordered the defendant, the The court which carried out such an order shall, of course, request from the court that it has granted the suspension to appear in its presence within three days, to give its preparatory statement and for the other effects of the procedure.
Article 159.-The designation of an ombudsman in the places where the federal court is not resident and in which, therefore, local judges have to assist the latter, among the trade defenders of the common order.
The same will be done when there is no federal ombudsman in the place where the federal court meets the case.
When the defendant belongs to an indigenous people or community, the designation of the defender of trade will fall on him who has knowledge of his language and culture.
Article 160.-It cannot be defenders who are being held or are being processed. Nor shall those who have been convicted of any of the offences referred to in Chapter II, Title Tenth of Book II of the Criminal Code, or those who are absent, who, by the place in which they are present, are unable to attend the tribunal within of the twenty-four hours in which the appointment of any human rights defender should be made known.
Outside of the cases excluded in the previous paragraph, the defendant may designate persons of his or her confidence to defend him, but in case the designation does not fall on him. who has a professional certificate of law or authorization of an intern, in accordance with the law governing the exercise of the professions, the court will have to intervene, in addition to the designated person, an advocate of trade which directs the directly to the defendant himself in all matters concerning his proper defense.
If the defendant appoints several defenders, they shall appoint a common representative in the same act, and if they do not do so, the judge shall be determined by the judge.
CHAPTER III
Formal imprisonment, subject to process and freedom for lack of elements to process
Article 161.-Within seventy-two hours of the time the defendant is at the disposal of the judge, the order of formal imprisonment shall be issued when the act of the act the following requirements are accredited:
I.- That a preparatory statement of the defendant has been taken in the form and with the requirements set out in the previous chapter, or that it is recorded in the file that the person is refused to declare;
II.- That the body of the offense that has been designated a custodial sanction is checked;
III.- That in relation to the previous fraction the probable liability of the defendant is demonstrated; and
IV.- That it is not fully proven in favor of the defendant, or that it extinguishing the criminal action.
The period referred to in the first paragraph of this Article may be extended for the only time up to seventy-two hours at the request of the person concerned, by himself or by his/her defender, The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice
the European Union
The Public Ministry will not be able to request such an extension, nor will the judge rule on its own motion; the Public Ministry can, in that time, only in relation to the evidence or arguments that propose the index or its defender, make the promotions corresponding to the social interest that it represents.
The extension of the time limit must be notified to the authority responsible for the establishment where, where appropriate, the index is interned, for the purposes referred to in the Second paragraph of Article 19 of the Constitution.
Additionally, the order of formal imprisonment must express the crime that is attributed to the person, as well as the place, time and circumstances of execution.
Article 162.- Where the offence whose existence has been proven does not merit a custodial sentence, or is punishable by an alternative penalty, self-order shall be issued. with all the requirements of the formal prison, subject to process the person against whom sufficient data appears to assume his responsibility, for the only effect of pointing out the crime for which the process has to be followed.
Article 163.-The cars referred to in the two preceding articles will be dictated by the offence that actually appears proven, taking into account only the facts of the entry, and considering the typical legal description and the presumed liability, even if the classification made in previous promotions or resolutions is modified. Such cars shall be immediately notified, in a personal manner, to the parties.
Article 164.-The formal prison order will be notified to the authority responsible for the establishment where the defendant is being held. If this official does not receive an authorized copy of the above decision within the time limits laid down in Article 161, where appropriate, on the basis of the act in which the defendant was placed at the disposal of his judge, he shall make this situation known in writing. Judge and the Public Ministry at the very moment of the end of the period, and if this does not receive the authorized copy of the formal prison order within three hours, it will release the defendant. This will be documented in the case file.
Article 165.-Dictation of the formal prison order or the subject to process shall be identified by the system processed administratively. In any case, the identification offices shall be notified of the decisions that terminate the proceedings and which have caused the execution of the proceedings, in order to make the corresponding entries.
Criminal records and documents or records showing the identification of individuals who are indexed or indicted for any inquiry or process Criminal law shall only be provided by the respective offices where a competent authority so requires, establishing and motivating its requirement, or where it is requested to be necessary to exercise a right or to fulfil a legally intended duty.
Article 165 Bis.- The administrative identification document set out in Article 165 of this Law shall be cancelled in the Assumptions:
a) When the criminal process has concluded with an absolute statement that has caused status;
b) In the event that the dismissal recesses over the entirety of the crimes referred to by the cause, and
c) In the case of recognition of innocence, as referred to in Article 96 of the Federal Criminal Code.
Article 165 Ter.- In the cases provided for in Article 165 Bis, the Juzgator, on its own initiative and without further processing, will order the cancellation of the document administrative identification. From the above, you will be aware of the case.
Article 166.-The formal prison order does not revoke the provisional freedom granted, except when expressly determined in the car itself.
Article 167.-If within the legal term do not meet the necessary requirements to dictate the order of formal imprisonment or the subject to process, self-freedom will be dictated by lack of elements to process, or of not being subjected to process, as appropriate, without prejudice to the fact that by subsequent means of test action is taken again against the accused; in these cases the dismissal will not proceed until as long as the criminal action of the offence or offences in question.
Also in these cases, the Public Ministry may promote proof, in exercise of the privileges conferred on it by the second paragraph of Article 4, until the requirements are met. necessary, on the basis of which, if applicable, he shall again request the judge to order the apprehension, in the terms of Article 195, or to appear, as appropriate.
TITLE FIFTH
Common Provisions for Prior Inquire and Instruction
CHAPTER I
Checking the body of the crime and the likely liability of the defendant
Article 168.-The Public Ministry will accredit the body of the crime in question and the probable responsibility of the person, as the basis for the exercise of the criminal action; and judicial authority, in turn, will examine whether both requirements are accredited in cars.
By the body of the crime is understood the set of objective or external elements that constitute the materiality of the fact that the law indicates as a crime, as well as the normative, in the case that the typical description requires it.
The probable liability of the person shall be credited when, of the existing evidence, his participation in the offence is deducted, the commission dolous or guilty of the same and does not exist accredited in favor of the indiciate some cause of lawfulness or some exclusionary of guilt.
The body of the crime concerned and the likely liability will be credited by any probative means that points to the law.
Article 168 Bis.- The Public Ministry for the purpose of supporting evidence for the investigation may request the voluntary contribution of samples of body fluid, hair or hair. In the event that the accused agrees to provide such samples, the Public Ministry will proceed, in coordination with the expert services, to carry out the necessary steps to obtain them, and a record will be concluded Circumstantial in the presence of two witnesses.
Such samples must be obtained by specialized personnel and the same sex, and with strict adherence to respect for human dignity.
The samples obtained in terms of the preceding paragraph, shall be analyzed and determined by the experts in the field.
Article 168 Ter.- In the event that the requested person refuses to provide the sample, the Public Ministry may refer to the court or tribunal. to request the authorisation of the practice of such diligence, justifying the need for the measure and by expressing the person (s) in whom it is to be practised, the type and extent of the sample to be obtained, to which only the diligence. If the required authorization is granted, the judge must empower the Public Ministry to carry out the location and presentation of the person for the purpose of verifying the due diligence.
Article 168 Quater.- The judge shall resolve the request referred to in the previous article of the Public Ministry, immediately, within a period not exceeding 24 hours. In the event that the court does not settle within the time limit laid down for that purpose, the Public Ministry may bring the action referred to in Article 398 Bis. The resolution that denies the request of the Public Ministry may be appealed against.
Article 169.-When dealing with external injuries, they will be inspected with the assistance of medical experts, describing them in detail and obtaining an opinion of those experts, which describes and classifies them in order to their nature, gravity, consequences and any other circumstances that may be held for that purpose.
Article 170.-In the case of internal injury, poisoning, or other illness arising from the crime, in addition to any other due diligence, Inspection shall be carried out by means of the external manifestations which the victim will present and the expert opinion shall be sought in the expression of the symptoms present, if there are such injuries and if they have been produced by an external cause. In the absence of external events, this circumstance shall be recorded, the expert opinion being added.
Article 171.-If it is a homicide, in addition to other due diligence, the inspection of the body will be carried out, described in detail and collected the opinion of the medical experts, who shall carry out the autopsy and express with thoroughness the state that the body has kept and the causes of death. If it has been buried, it shall be exhumed.
You may only be allowed to practice the autopsy when both the Public Ministry, or the court where appropriate, estimate that it is not necessary.
Article 172.-When the body is not found, or the autopsy is not performed for another reason, the experts shall be sufficient, in view of the data in the file, to declare that death was the result of the inferred injuries.
Article 173.-In cases of abortion or infanticide, in addition to the measures referred to in Articles 171 and 172, as well as any other relevant, In the first, they will also recognize the medical experts to the mother, describe the injuries they present and will give an opinion on the cause of the abortion. In one case they will express the age of the victim, if he is born viable and whatever he can serve to fix the nature of the crime.
Article 174.-(Repeals).
Article 175.-(Repeals).
Article 176.-Dealing with the offence referred to in Article 368 (II) of the Criminal Code, where, without prior agreement with an electrical energy company, gas, or of any fluid, is connected to a particular installation to the pipes or lines of the respective undertaking, or to any particular pipe or lines connected to the pipes or lines of that undertaking, in the inspection which is practised, with assistance from experts in the field, these circumstances shall be recorded and the expert opinion which describes them shall be sought and the nature of the fluid concerned shall be specified and quantified, as far as possible, the amount of fluid consumed by the connection concerned.
Article 177. For the verification of crimes related to the national oil industry and to the public utility of electric power provided in the Articles 185; 253, fraction I, points (i) and (j); 254, fractions VII and VIII; 254 Ter; 368, fraction II; and 368 Quater, fractions I and IV of the Federal Criminal Code shall be presumed to be federal property, unless otherwise tested.
For the accreditation of federal property, no invoice or public deed or registration will be required in the public register.
Article 178.-(Repeals).
Article 179.-When dealing with the offense of attacks on the communication routes, it is not possible to practice inspection because to avoid harm to the public service has been necessary to repair them immediately, inspection of traces or other signs which constitute possible indications of the existence of the incriminated fact and the length of the repair, in addition to obtaining invoices or other documents relating to it and any other evidence to which it may be have access.
Article 180.-For the checking of the body of the crime and the probable liability the indicado, the Public Ministry and the courts will enjoy the most extensive action to use the means of research which they consider to be conducive to their criteria, even if they are not the ones mentioned by the law, provided that these means are not contrary to the law.
The requirements of the Attorney General of the Republic or the public servant in whom this power is delegated, or the judicial authority in its case, of information or documents relating to the financial system, shall be made through the National Banking and Securities Commission, the National Insurance and Securities Commission, as well as the National Commission of the Savings System for the Retirement and Tax Administration Service, in their respective competencies. The requirements for information or documents of a fiscal nature shall be made through the unit of the Secretariat of Finance and Public Credit determined by the holder of that Secretariat.
The information and documents thus obtained can only be used in the investigation and for the purposes of criminal proceedings, with the strictest confidentiality being kept. The public servant who breaks the reservation of the actions or provides copies of them or of the documents that they work in the investigation, shall be subject to the procedure of administrative and criminal responsibility, as appropriate.
Article 180a.- Dealing with the crimes of narcomenudeo provided for in Articles 475, 476 and 477 of the General Health Law, for the purpose of investigation Holder of the Public Ministry of the Federation may authorize that police officers under his/her driving and command purchase, acquire or receive material transmission of any narcotic to achieve the arrest of the likely person responsible for the trade or the supply of narcotics or the possession of narcotics with such purposes and the Corresponding assurance.
The holder of the Public Ministry of the Federation or the public servant which the designated effect may authorize, on a case by case basis, to the holders of the Public Ministry of (a) the federal authorities to use the investigative techniques referred to in the preceding paragraph through their police officers.
Once issued the authorization referred to in the preceding paragraphs, the Public Ministry of the Federation and, where appropriate, the Public Ministry of the entities In writing, in the respective order, the guidelines, terms, limitations, modalities and conditions to which the agent or police officers must be subject must be written in the respective order.
In the activities carried out by the police or the police executing the order, they will be considered to act in the performance of a duty, provided that their actions are adhered to by the guidelines, terms, modalities, limitations and conditions referred to in the preceding paragraph.
The Public Ministry of the Federation shall give notice of the authorization provided for in the first paragraph of this article to the Public Ministry of the entities federative in which the respective order is executed.
CHAPTER II
Hones of the offense.-Securing the Instruments and objects of the same
Article 181.-The instruments, objects or products of the offence, as well as the goods in which traces exist or may be related thereto, shall be secured to the purpose of not altering, destroying or disappearing. The Public Ministry, the police and the experts, during the investigation and at any stage of the criminal proceedings, must follow the rules referred to in Articles 123 Bis to 123 Quintus. The administration of the insured goods shall be carried out in accordance with the law of the matter.
The authorities acting in aid of the Public Ministry shall immediately make available to him the goods referred to in the preceding paragraph. The Public Ministry, at the time of receipt of the goods, will decide on its insurance and on the continuity or otherwise of the procedure referred to in Articles 123 Bis to 123 Quintus of this Code, under its strictest responsibility and as to the applicable provisions.
When it comes to marijuana plantations, papaver somniferum or poppy, or other drugs, the Public Ministry, the Judicial Police or the authorities acting in their assistance, proceed to the destruction of those, by putting up a record in which it is stated: the area of the cultivation, quantity or volume of the stupefacent, it is necessary to collect samples of the same to work in the preliminary investigation that the effect is initiated.
When narcotic or psychotropic drugs are secured, the Public Ministry will agree and monitor its destruction, if this measure is appropriate, prior to the inspection of the substances, in the the nature, weight and other characteristics of these shall be determined. A sufficient representative sample shall be retained for the preparation of the expert opinions to be produced in the previous investigation or in the process, as the case may be.
When crude oil, refined hydrocarbons, processed or its derivatives are secured, the Public Ministry shall monitor its underwriting and delivery without delay. Mexican Petroleum or its subsidiary bodies, in order to carry out its final disposal, after inspection in which the nature, volume and other characteristics of these products are to be determined; the expert opinions to be produced in the investigation and in process, as the case may be.
Article 182.- When conducting the insurance, the Agents of the Public Ministry with the help of the Federal Investigation Agency, or the actuaries and others officials designated by the judicial authority to practice diligence, as appropriate, shall:
I.- Uprising minutes that includes inventory with the description and the status in which it is find the goods to be secured;
II.- Identify secured goods with stamps, marks, cones, iron, signs, or other appropriate means;
III.- Providing the necessary and immediate measures to prevent the goods Secured are destroyed, altered, or disappeared;
IV.- Request that the assurance be entered in the public records that correspond in accordance with the provisions of Article 182-D of this Code, and
V.- Once the above requirements have been satisfied, put the goods to the provision of the competent authority for its administration, within the following seventy-two hours, on the date and places previously agreed with that authority, in accordance with the applicable provisions.
The authority initiating the act of assurance is required to conclude it in the terms provided for by this Chapter.
The assets insured during the prior investigation or criminal proceedings, which may be tested, shall be administered by the Administration and Disposal of Goods, in accordance with applicable law and in accordance with the rules set out in Articles 123 Bis to 123 Quintus of this Code and other applicable provisions, if any.
Article 182-A.- The judicial authority or the Public Prosecutor's Office that decree the insurance shall notify the person concerned or his legal representative within the 60 calendar days following its execution, giving or making available, as the case may be, a certified copy of the minutes referred to in section I of the previous article, in order to express what is right.
In such notification, the person concerned or his legal representative shall be issued with a warning that the insured property shall not be in serious or serious condition.
In the notification, the person concerned or his legal representative must be notified, not to express what is appropriate, within 90 calendar days. following the notification, the goods will cause abandonment in favour of the Federal Government.
Article 182-B.- The notifications referred to in this Chapter will be performed as follows:
I.- Personally, with the data subject or its legal representative, in accordance with the following rules:
a) The notification will be performed at the address of the data subject. If the person concerned is deprived of his or her freedom, the personal notification shall be made at the place where the person is being held;
b) The notifier shall be required to make sure that the address is registered, to submit a copy of the decision to be notified and to obtain the name and signature of the person with whom the diligence, settling the data of the official document with which it is identified. In addition, it shall be reported in the notification act, the identification data of the public servant who practices it;
c) If the person is not found in the first notification, he or she will be left at the designated address to wait for the notifier on the following working day, in the time determined in the summons, and if the person is not to be found or refused to receive the notification, shall be instructed in a visible place of the address, indicating the notifier in the notification act, and
d) In all cases, it must be up to the due diligence of the due diligence.
II.- By edicts, when the person's identity or address is unknown, in which case it will be published for a single occasion in the Official Journal of the Federation and in a national circulation newspaper. The edicts must contain a summary of the resolution to be reported.
Personal notifications shall take effect on the day they have been practiced and those made by edicts on the day of their publication.
The data subject must point home to hear and receive notifications.
The time limits laid down in this Chapter shall begin to run the day following that in which the respective notification has taken effect.
Article 182-C.- When goods that are secured have previously been shipped, intervened, sequestered or insured, the new insurance shall be notified to the authorities which have ordered those acts. The goods shall continue in the custody of those designated for that purpose, and at the disposal of the judicial authority or the Public Ministry for the purposes of criminal proceedings.
In order to lift the previous seizure, intervention, abduction or insurance, whoever has them in their custody, will give them to the competent authority for the purposes of their administration.
The insured property may not be encased or taxed by its owners, depositors, controllers or servicers for the duration of the insurance in the criminal procedure, except for cases expressly indicated by the applicable provisions.
The assurance does not imply any modification to the previously existing levies on the goods.
Article 182-D.- It shall be entered in the corresponding public records, in accordance with the applicable provisions:
I.- The insurance of real estate, real rights, aircraft, vessels, companies, negotiations, establishments, shares, social parts, securities securities and any other goods or rights which are subject to registration or constancy, and
II.- The appointment of the depositary, financial controller or administrator, of the goods referred to in the previous fraction.
Registration or cancellation will be made without further requirement than the office of the judicial authority or the Public Ministry.
Article 182-E.- To the fruits or yields of the goods during the time of the insurance, the same treatment shall be given to the insured goods as the generate.
Article 182-F.- The securing of goods does not imply that they enter the federal public purse.
Article 182-G.- The national or foreign currency that is secured, embargoed, or decomise, shall be administered by the Service of Administration and Disposal of Goods, who must deposit it with the Federation's Treasury.
The terms and conditions of these deposits will be determined by the Federation's Treasury.
In case of banknotes or metal pieces that for having marks, signs or other characteristics, it is necessary to keep for the purposes of the preliminary investigation or the criminal process, the judicial authority or the Public Ministry shall inform the Service of Administration and Disposal of Goods to keep them and keep them in the state in which they receive them. In such cases, the deposits shall not bear interest.
Article 182-H.- The judicial authority or the Public Ministry that secures deposits, receivables, and, in general, any goods or rights relating to operations, which the financial institutions established in the country will hold with their clients, give immediate notice to the authority in charge of the administration of the insured goods and to the competent authorities, who will take the measures necessary to prevent the respective holders from performing any act contrary to securement.
Article 182-I.- The ecological reserve flora and fauna species that will be secured, will be provided with the necessary care and deposited in zoos or in Similar institutions, considering the opinion of the Secretariat of the Environment and Natural Resources.
Article 182-J.- The works of art, archaeological or historical that are secured, will be provided with the necessary care and deposited in museums, centers or cultural institutions, considering the opinion of the Secretariat of Public Education.
Article 182-K.- Dealing with culpous crimes occasioned by the transit of vehicles; these shall be delivered in deposit to the driver or to whom it is legitimized as its owner or holder.
Article 182-L.- The buildings to be secured may be held by their owner, holder or any of their occupants, provided that the property is not affected. social interest or public order. Those who are in possession of the buildings shall not be able to dispose or tax the buildings in their possession, and if they produce fruits or products, they shall be obliged in the terms of Articles 12 and 15 of the Federal Law for Administration and Disposal of Public Sector Goods. In any event, the legitimate rights of third parties shall be respected.
Article 182-M.- The assurance shall not be cause for the closure or suspension of activities of undertakings, negotiations or establishments with lawful activities.
Article 182-N.- The return of secured assets proceeds in the following cases:
I.- In the prior investigation, when the Public Ministry resolves the non-exercise of the criminal action, the reservation, or the assurance is lifted, in accordance with the applicable provisions, and
II.- During the process, when the judicial authority does not decree the seizure or release the insurance, in accordance with applicable provisions.
Article 182-N.- Where the return of insured assets proceeds, they will be made available to those who credit them. The judicial authority or the Public Ministry shall notify the person concerned or the legal representative of the decision within the following 30 days, so that, within three months of the notification, it shall be presented to them, under the Warning that failure to do so will cause abandonment in favor of the Federal Government.
When the insurance of the goods has been recorded in the public records, the judicial authority or the Public Ministry will order its cancellation.
Article 182-O.- The return of the insured assets will include the delivery of the fruits that, if any, have been generated.
The return of the number of items will include the delivery of the principal and its yields during the time it has been administered, at the rate that the Treasury will cover. Federation for the repositories to the view you receive.
The Service of Administration and Disposal of Goods, when returning companies, negotiations or establishments, will account for the administration that has been made to the person who has the right to do so, and will give you the documents, objects, numerary and, in general, anything that has been understood by the administration.
Prior to the receipt of the goods by the person concerned, the interested party will be given an opportunity to review and inspect the conditions in which they are located, the effect of verifying the inventory referred to in Article 25 of the Federal Law for the Administration and Disposal of Public Sector Goods and, where appropriate, as provided for in Article 28 thereof.
Article 182-P.- When determining by the competent authority the return of the goods that have previously been disposed of in accordance with the Law Federal for the Administration and Disposal of Public Sector Goods or there is the impossibility of returning them, such a return will be carried out by delivering the value of the goods by performing the insurance plus yields. corresponding, calculated at the rate referred to in Article 182-O of this Code.
Article 182-Q.- The judicial authority, by means of a judgment in the criminal proceedings, may decree the confiscation of property, with the exception of caused by abandonment in the terms of this Code.
Article 182-R.- The resources obtained by the disposal of the assets seized in federal criminal proceedings, referred to in the section I of the Article 1 of the Federal Law for the Administration and Disposal of Goods of the Public Sector, as well as for the disposal of its fruits and products, shall be intended in accordance with the provisions of Article 89 of that Law, to the compensation to which refers to Article 69 of the General Law on Victims. Once such compensation has been covered or in cases where the compensation is not appropriate, the remaining resources or their totality will be delivered in equal parts, to the Judicial Branch of the Federation, to the Attorney General of the Republic, to the Secretary of Health and the Fund for Integral Assistance, Assistance and Reparation.
Resources that correspond to the Health Secretariat should be directed to pharmacodependent prevention and rehabilitation programs.
Article 183.- Whenever it is necessary to have in view some of the things referred to in the above articles, due diligence will begin consist of the state in which the packaging is located and whether the item is in the same state in which it was insured as described in the description. If it is considered that it has suffered a voluntary or accidental alteration, the signs or signs that cause it to be presumed shall be recorded in the registers.
Article 184.-Bodies must always be identified by any legal means of proof, and if this is not possible within twelve hours of the time They shall be set out to the public at the premises intended for the purpose for a period of 24 hours unless, according to the medical opinion, such exposure is in danger of general health. When the face of the corpses is disfigured by any circumstance and it becomes difficult to identify it, it will be reconstituted, whenever possible.
If, despite having taken the providences indicated in this article, the identification of the corpse is not achieved, photographs of the corpse will be taken by adding a copy to the " inquiry; others will be put in the public places, together with all the data that they can serve to be recognized; and all those who have known the occiso will be urged to come before the exhorting authority to declare on the identity of that.
The dresses will be thoroughly described in the file and kept in secure deposit so that they can be presented to the identity witnesses.
Article 185.-The corpses, after a thorough inspection and description made by the judicial police officer to practice the first steps and by an expert (a) medical treatment may be delivered by the Public Ministry to those who claim them, the place where the bodies are to be deposited at the disposal of the competent authority and to the place intended for the practice of the autopsy, where appropriate.
If there is a fear that the corpse may be hidden or that it will suffer alterations, it will not be delivered until the autopsy is performed or is resolved that it is not necessary.
Article 186.-In cases of poisoning, the vessels and other objects used by the offended, the food, beverage and medicine remains will be carefully collected. he has taken, the dejections and vomiting that he has had, all of which will be deposited with the necessary precautions to avoid his alteration, and all the symptoms that the intoxicated individual present will be described. As soon as possible, the experts will be called to recognize the offended, to make the analysis of the substances collected and to give their opinion on the toxic qualities that they have and if they have been able to cause the poisoning in question.
Article 187.-If the offense is document falsification, in addition to the thorough description that is made of it, it will be deposited in safe place by making them sign on If possible, the persons who place in respect of his or her falsehood, and if not, the reason shall be stated. A certified copy of the document shall be added to the file and another photostatic copy thereof, if necessary and possible.
CHAPTER III
Medical care for the injured
Article 188.-The health care of those who have suffered injuries from crime will be done in public hospitals.
When, due to the urgency of the case or the severity of the injury, immediate medical intervention is required and it is not possible to use a hospital that provides services to the public in In general, the health facilities of the Public Administration agencies closest to the place where the injured person is located shall be used for the appropriate care.
If the injured person should not be deprived of liberty, the authority he or she knows of the case may allow, if deemed appropriate, to be treated in a different place under the responsibility of the physician. with a legally recognised title and prior to the legal classification of the injuries. This permit shall be granted without prejudice to the fact that the authority is satisfied with the condition of the injured when it considers it appropriate.
Whenever women are to be physically explored, the appropriate care must be provided, at the request of the person concerned, by female physicians, unless there is no time and place where the scan is to be carried out, in which case the interested party may propose who is in the store.
Article 189.-In the case of the second part of the previous article, the injured person has an obligation to participate to the authority that knows the subject in which place it will be and any changes in this or your home address. The lack of notice of change will warrant your admission to the hospital or a disciplinary correction will be imposed.
Article 190.-The responder referred to in Article 188, imposes upon the physician the following obligations:
I.- Adtend the injured properly;
II.- Give notice to the appropriate authority of any accident or complication that occurs, expressing whether it is an immediate or necessary consequence of the injury or if it comes from of another cause;
III.- Immediately communicate to the same authority any change of address of the injured person or the place where they are treated; and
IV.- Extend health or death certificate, if any, and any others that request the authority.
Failure to comply with any of the obligations outlined in this article will merit the imposition of a disciplinary correction, where it is not criminal.
Article 191.-Death or health certificates issued by private physicians will be subject to the review of the official doctors, who will give the opinion final.
Article 192.-When an injured person needs prompt attention, any doctor who is present where he is, should care for it and still move it from the place of facts to the appropriate place for your attention, without waiting for the intervention of the authority, and must communicate to it, immediately after giving the first aid, the following data: name of the injured: place specified in that it was found and circumstances in which it was found; nature of the injuries it presents and probable causes that originated them; healings that have been made to him, and place specified in what is left available to the authority.
CHAPTER IV
Inline Assurance
Article 193.- Anyone can stop the index:
I. At the time of committing the offense;
II. When material is pursued and immediately after committing the offense, or
III. Immediately after committing the offence, when the person is singled out by the victim, any witness to the facts or who has intervened with her in the commission of the crime, or when there are objects or indicia that they make with the foundation that they have intervened in the crime. In addition to these indications, other technical elements shall be considered.
The indexation shall be made without delay at the disposal of the competent authority, in accordance with the fourth paragraph of Article 16 of the Constitution.
The authorities who hold any arrest or arrest must report by any means of communication and without delay, in order to make the the relevant administrative register and the person shall be immediately lodged with the competent authority. The authority involved in such detention shall establish a detailed record of the circumstances of the detention.
From the time of the arrest to the provision to the relevant ministerial authority, the fundamental rights of the stopped.
The Public Ministry will note that the fundamental rights of the detainee have not been violated.
The violation of the provisions of the previous two paragraphs will be the cause of criminal and administrative responsibility.
The case of the arrest shall be immediately recorded by the competent authority.
Article 193 bis.-In urgent cases the Public Ministry may, under its responsibility, order in writing the arrest of a person, founding and expressing the signs that credit:
a) The indicado has intervened in the commission of any of the offences identified as serious in the following article;
b) There is a well-founded risk that the index may be subtracted from the action of justice, and
c) That for the reason of the time, place or any other circumstance, may not occur before judicial authority to request the arrest warrant.
The violation of this provision will make it criminally responsible to the Public Ministry or official who improperly decrees the detention and the subject will be immediately released.
The detention on an urgent basis must be immediately registered in the terms of Article 193 Quater of this Code.
Article 193 Ter.- It is understood that the index is made available to the Public Ministry for the corresponding constitutional and legal effects, from the time to be physically and formally delivered to you.
For the same purposes, when it is necessary to enter the detainee to any health institution, the authority that has carried out the arrest must accompany his/her information, the respective constancy of that institution.
Similarly, when other authorities make available to the indiciate for other crimes and bring to the attention of the Public Ministry of the Federation of crime of their competence.
Article 193 Quater.- The authority that practices the detention must immediately register it in terms of the applicable provisions. The record, at least, must contain:
I. Name and, if applicable, nickname for the stopped;
II. Media lineage
III. Reason, general circumstances, place, and time when the stop was practiced;
IV. The name of who or who intervened in the stop. In your case, range and area of attachment, and
V. Place where the detainee will be moved and approximate time for shipment.
Article 193 Quintus.- The information captured in this register will be confidential and reserved. Information contained in the registry can only be accessed:
I. The competent authorities for the investigation of crimes, for the purposes that are provided for in the applicable legal orders, and
II. The likely responsible persons, strictly for the rectification of their personal data and to request that the result of the criminal proceedings, in terms of the provisions of the Federal Law on Transparency and Access to Government Public Information.
The data contained in the detention register will be provided to the detainee and his defence lawyer, who will only be able to use them in the exercise of the right of defense.
The National Human Rights Commission will have access to that record when it mediates complaint.
Under no circumstances may any information contained in the register be provided to third parties. Registration may not be used as a basis of discrimination, violation of dignity, privacy, privacy or honor of any person.
To the public servant who breaks the reservation of the registration or provides information about it, the administrative responsibility procedure shall be subject to criminal, as appropriate.
The registration must be cancelled ex officio and without further processing when the freedom of the detainee is resolved or when in the previous investigation the elements necessary for the exercise of criminal action, where the innocence has been determined or where the assumptions provided for in Article 165 Bis are updated.
Article 193 Sextus.-The Public Ministry, once the detainee is made available, will collect, if appropriate, the following:
I. Home, date of birth, age, marital status, degree of study and occupation or profession;
II. Single Key of Population Record;
III. The ethnic group to which you belong;
IV. Description of the physical state of the stopped;
V. Fingerprints;
VI. anthropometric identification, and
VII. Other means to enable the identification of the individual.
Article 193 Septimus.- The Attorney General of the Republic will issue the necessary provisions to regulate the technical devices to generate, send, receive, consult or archive all the information referred to in the previous article, which may cover images, sounds and video in electronic, optical or any other technology.
Article 193 Octavus.- The Public Ministry and the police shall inform the person who requests it, whether a person is detained and, where appropriate, the authority to whose disposition is found. In the case of organised crime, only such information shall be provided to consanguineous relatives in ascending or descending straight line without limitation of degree, blood or related collateral relatives up to the fourth grade, adopter or adoptee, spouse, and their attorney.
Article 194.- They qualify as serious crimes, for all legal purposes, for affecting in a significant way fundamental values of society, provided for in the following legal orders:
I. The Federal Criminal Code, the following offences:
1) Serious fault homicide, provided for in the third paragraph of Article 60;
2) Betrayal of the homeland, provided for in Articles 123, 124, 125 and 126;
3) Espionage, provided for in Articles 127 and 128;
4) Terrorism, provided for in Articles 139 to 139 Ter, financing for terrorism provided for in Articles 139 Quater and 139 Quinquies and international terrorism provided for in Articles 148 Bis to 148 Quater.
5) Sabotage, provided for in the first paragraph of Article 140;
6) Those provided for in Articles 142, second paragraph and 145;
7) Piracy, provided for in Articles 146 and 147;
8) Genocide, provided for in Article 149 Bis;
9) Evasion of prisoners, provided for in Articles 150 and 152;
10) Attacks on the communication routes, provided for in Articles 168 and 170;
11) Illicit use of air traffic facilities provided for in the third paragraph of Article 172 Bis;
12) Against health, provided for in Articles 194, 195, 196 Bis, 196 Ter, 197, first paragraph and 198, first part of the third paragraph.
13) Corruption of persons under eighteen years of age or persons who are not capable of understanding the meaning of the fact or persons who have no ability to resist it, as provided for in Article 201; Pornography of persons under 18 years of age or persons who are not capable of understanding the meaning of the fact or persons who have no capacity to resist it, provided for in Article 202; Sexual tourism against persons under of eighteen years of age or of persons who have no capacity to understand the meaning of the fact or persons who are not capable of resisting it, provided for in Articles 203 and 203 Bis; Lenocynium of persons under the age of eighteen years or persons who are not capable of understanding the meaning of the fact or persons which do not have the capacity to resist it, as provided for in Article 204 and Pederastia, provided for in Article 209 Bis.
14) Repeals
15) Repeals
16) The diversion or obstruction of investigations provided for in Article 225, fraction XXXII;
17) Counterfeiting and currency alteration, provided for in Articles 234, 236 and 237;
18) Repeals.
19) Against national consumption and wealth, provided for in Article 254, section VII, second paragraph;
20) Violation, provided for in Articles 265, 266 and 266 Bis;
21) Assault on roads or roads, provided for in Article 286, second paragraph;
22) Injuries, provided for in Articles 291, 292 and 293, when committed in any of the circumstances provided for in Articles 315 and 315 Bis;
23) Homicide, provided for in Articles 302 with regard to 307, 313, 315, 315 Bis, 320 and 323;
24) Child traffic, provided for in Article 366 Ter;
25) Qualified theft, provided for in Article 367, when carried out in any of the circumstances mentioned in Articles 372 and 381, fractions VII, VIII, IX, X, XI, XIII, XV, XVI and XVII, and that provided for in section IV of the Article 368 Quater;
26) Qualified Robbery, provided for in Article 367, in relation to the 370 second and third paragraphs, when performed in any of the circumstances mentioned in article 381 Bis;
27) Common marketing of stolen items, provided for in Article 368 Ter;
28) radioactive material, nuclear material, nuclear fuel, radioactive mineral or radiation source, provided for in Article 368 Quinquies;
29) Robbery, provided for in Article 371, last paragraph;
30) Vehicle theft, provided for in Article 376 Bis;
31) Those provided for in Article 377;
32) Extorsion, provided for in Article 390;
33) The one provided for in Article 400 Bis;
33) Bis. Against the Environment, in its pained commission, provided for in Articles 414, first and third paragraphs, 415, last paragraph, 416, last paragraph and 418, fraction II, when the volume of the shoot-down, extraction or logging exceeds two metres Wood, or the conduct referred to in the last paragraph of Article 419 and 420, last paragraph.
34) In the field of copyright, provided for in Article 424 Bis.
35) Forced Disappearance of persons provided for in Article 215 -A.
36). In the field of environmental crimes, the one provided for in section II Bis of Article 420.
II. The Federal Law against Organized Crime, provided for in Article 2.
III. of the Federal Law on Firearms and Explosives, the following crimes:
1) Weapons of exclusive use of the Army, Navy or Air Force, provided for in Article 83, fraction III;
2) Those provided for in Article 83 Bis, except in the case of Article 11 (i);
3) Possession of weapons of exclusive use of the Army, Navy or Air Force, in the case provided for in Article 83 Ter, fraction III;
4) Those provided for in Article 84, and
5) Illegal introduction of firearms that are not reserved for the exclusive use of the Army, Navy or Air Force, provided for in the first paragraph of Article 84 Bis.
IV. Of the Federal Law to Prevent and Punish Torture, the crime of torture, provided for in articles 3o. and 5o.
V. The Law on Migration, the crime of trafficking of illegal immigrants, provided for in Article 159.
VI. From the Federation's Fiscal Code, the following offences:
1) Smuggling and its equivalent, provided for in Articles 102 and 105 fractions I to IV, where the penalties provided for in the second paragraph of Article 104 (II) or (III), second paragraph, and
104 apply to them; and
2) Tax fraud and its equivalent, provided for in Articles 108 and 109, where the amount of the defrauded is located in the ranges referred to in Article 108 (II) or (III) only where they are qualified.
VII. Of the Industrial Property Law, the offences provided for in Article 223, fractions II and III.
VIII. Of the Credit Institutions Act, as provided for in Articles 111; 112, in the case of the fourth paragraph, except the V; 112 Bis; 112 Ter; 112 Quater, and 113 Bis, in the case of the fourth paragraph of the Article 112;
VIII Bis.- Of the General Law of Credit Titles and Operations, as provided for in Articles 432, 433 and 434;
IX. Of the General Law of Credit Organizations and Activities of Credit, the offences provided for in Articles 98, in the case of the fourth paragraph, except for fractions IV and V, 100, fractions I and II, and 101;
X. Of the Federal Law on the Institutions of Bonds, those provided for in Articles 112 Bis; 112 Bis 2, in the case of the fourth paragraph; 112 Bis 3, fractions I and IV, in the case of the fourth paragraph; 112 Bis 4, fraction I, in the case of the the fourth paragraph of Article 112 Bis 3, and 112 Bis 6, fractions II, IV and VII, in the case of the fourth paragraph;
XI. Of the General Law of Mutual Institutions and Societies of Insurance, those provided for in Articles 141, fraction I; 145, in the case of the fourth paragraph, except for fractions II, IV and V; 146 fractions II, IV and VII, in the case of the Fourth paragraph, and 147, fraction II (b), in the case of the fourth paragraph of Article 146;
XII. Of the Securities Market Act, the offences provided for in Articles 373, 374, 375, when the amount of the provision of the funds or of the securities, credit or document securities referred to in Article 2 (XIV) of that Act, exceeds 350,000 days of general minimum wage in force in the Federal District, 381, fraction II and 382, fraction II;
XIII. Of the Law of the Savings Systems for the Retreat, those provided for in Articles 103, and 104 when the amount of the disposition of the funds, securities or documents that they handle of the workers for the purpose of their object, exceeds three hundred and fifty thousand days of general minimum wage in force in the Federal District, and
XIV. of the Bankruptcy and Suspension of Payments Act, as provided for in Article 96.
XV. From the General Health Law:
1) The alteration and contamination of alcoholic beverages, as provided for in the second paragraph of Part II and III of Article 464 of the General Health Law.
2) Those provided for in Sections I, II and III of Article 464 Ter, and Articles 475 and 476.
XVI. Those provided for in Title II of the General Law to Prevent, Punish and Eradicate Crimes in Matter of Trafficking in Persons and for the Protection and Assistance of Victims of These Crimes, except in the case of Articles 32, 33 and 34 and their respective punishable attempts;
XVII. Those provided for in Article 49 of the Federal Law for the Control of Chemical Substances Susceptible to the Manufacture of Chemical Weapons, and
XVIII. Of the General Law to Prevent and Punish the Crimes in Matter of Kidnapping, Regulatory of the 21st Fraction, of Article 73 of the Political Constitution of the United Mexican States, as provided for in Articles 9, 10, 11, 17 and 18.
XIX. The Law to regulate the Activities of the Cooperative Savings and Loan Societies, the crime provided for in Article 114.
XX. The Law on Investment Companies, the crime provided for in Article 88.
XXI. Of the Credit Unions Act, the offence provided for in Article 125.
XXII. The Law on People's Savings and Credit, the crime provided for in Article 140.
The punishable attempt of the criminal offences mentioned in the previous fractions is also described as a serious crime.
Article 194 Bis.-In cases of flagrant crime and in urgent cases, no single person may be held by the Public Ministry for more than forty-eight hours, who after that period, he shall order his or her freedom or make it available to the judicial authority. This period may be doubled in respect of the offences referred to in the Federal Law on Organised Crime.
Article 195.-When the requirements of Article 16 of the Constitution are met, the court will release order of apprehension, apprehension or appearance, as the case may be, against the defendant, at the request of the Public Ministry.
The respective resolution will contain a succinct relationship of the facts that motivate it, its legal bases and the provisional classification to be made of the criminal acts, and he will immediately transcribe the Public Ministry to order the police to execute them.
Article 196.-In the case of the apprehension of any person whose whereabouts are ignored, the court issuing the order shall communicate it to the Agent of the Public Ministry attached for this to be transcribed to the Attorney General's Office, so that the Federal Judicial Police or the Federal Judicial Police will locate and apprehend that person. The apprehension will be carried out in the terms of the article 52.
Article 197.-Whenever an apprehension is carried out by virtue of a court order, whoever executed it shall, without delay, place the apprehended at the disposal of the respective court, informing the court about the date, time and place in which it took place, and making known to the apprehended the right it has to appoint a defender.
The defendant shall be understood to be at the disposal of the judge, for the corresponding constitutional and legal effects, from the moment the judicial police, in compliance with of the respective order, make it available to him in the preventive prison or in a health center. The person in charge of the prisoner or health centre shall settle in the document relating to the arrest warrant issued to him by the judicial police, the day and time of the receipt of the detainee.
People who are in high-security detention facilities may be transferred to another center, hospital, office or any place, notifying the Federal Public Ministry and its human rights defender.
Article 198.- The members of the police, who are detained or subject to remand shall be in special prisons, if they exist, or default in the common ones.
No special prisons may be considered as barracks or offices.
Dealing with members of the Armed Forces will be within the provisions of the Military Justice Code, except in cases of crimes against health, in any case. of their modalities, in which the military in special prisons may not be held or held in pre-trial detention.
Article 199.-To dictate order of apprehension, the circumstance that an appeal against an earlier resolution than the one is pending will not be an obstacle. has denied.
Article 200.-If, by subsequent data, the Public Ministry considers that an arrest warrant is no longer appropriate, or that the conduct or the conduct of the conduct should be reclassified the action has been exercised, and the order has not yet been executed, will ask for its cancellation or make the reclassification, if any, with the agreement of the Procurator or the appropriate official, by delegation of the one. This agreement must be entered in the file. The cancellation does not prevent the investigation from continuing, and the order of apprehension will be requested later, if applicable, except that due to the nature of the event in which the cancellation is founded, the process must be dismissed. In the cases referred to in this article, the judge shall resolve the matter.
Article 201.-When an arrest warrant is issued against a person who handles public funds, the necessary providences will be taken to ensure that the service and surrender of the funds, securities and documents held by the defendant, thus being dictated by the preventive measures that are deemed appropriate to prevent the action of justice from being subtracted.
Article 202.-When an employee or public servant or a member of the Mexican Armed Forces is apprehended, the arrest shall be communicated without delay to the hierarchical superior respective. This superior hierarchical superior will also be notified when the employee or public servant or member of the Mexican Armed Forces is ordered to be in prison and when he is given a definitive sentence, either a conviction or an absolute sentence. of its forms, referring to the certified copy of the same.
Article 203.-When an official employee or a particular employee is to be apprehended at the time of work in a public service, it shall be ensured that the public service is not interrupted, taking the necessary steps to ensure that the defendant does not abscond in the meantime.
Article 204.-For the apprehension of federal or local officials will proceed according to the Federal Law on Public Servants ' Responsibilities. and the respective organic and regulatory laws, without prejudice to the adoption of the necessary measures to prevent the defendant from taking the action of justice. If he attempts to do so, he shall be prevented by the authority responsible for his supervision and shall immediately request instructions from the person who is aware of the matter or must issue the authorization, in accordance with the orders received from these bodies.
Article 205.-When by the nature of the offence or the applicable penalty the imputed must not be held in pre-trial detention and there are elements to assume that it may The Public Ministry may request the judge, founded and motivated, or to have an office, with a hearing of the accused, the root of this with the characteristics and for the time that the judge points out, without that in no case may exceed the maximum indicated in the article 133-bis either in the case of prior investigation or in the process by the constitutional term in which it is to be resolved.
TITLE SIXTH
Test
CHAPTER I
Test media
Article 206.-It will be accepted as proof in the terms of Article 20 fraction V of the Political Constitution of the United Mexican States, all that is offered as as long as it can be conducive, and do not go against the right, in the judgment of the judge or tribunal. Where the judicial authority deems it necessary, it may, for some other means of proof, establish its authenticity.
CHAPTER II
Confession
Article 207.-Confession is the voluntary declaration made by a person not under the age of eighteen, in full use of his mental faculties, surrendered to the Public Ministry, the judge or tribunal of the case, on own facts constitutive of the criminal type matter of the imputation, issued with the formalities indicated by article 20 of the Political Constitution of the United Mexican States: it will be admitted in any State of the proceedings, until before issuing an irrevocable judgment.
CHAPTER III
Inspection
Article 208.-Inspection is anything that can be directly appreciated by the authority that performs it.
The Police, after authorization from the Public Ministry and with strict adherence to their instructions, will be able to practice inspections at the place of arrest or the fact. The diligence must be carried out by the responsible police officer; the objects and effects that are collected for being related to the crime must be duly protected, in terms of the applicable provisions. The police officer who practices the diligence shall have a record in which he describes the state of affairs and persons, as well as the evidence collected or objects secured and the measures taken for his protection and surrender to the Ministry Public.
During the preliminary investigation or the process, the inspection must be performed invariably, under penalty of nullity, with the assistance of the Public Ministry or, in its Case of the judge. It shall be fixed, time, time and place, and shall be provided in due time to those who have to attend, who may do so to the official who practices the observations they deem appropriate, who shall settle in the file if they so request. who had made them or any of the parties. If the Public Ministry or the judge considers it necessary, they shall be accompanied by witnesses and experts who will give their opinion according to their technical competence.
When due to the complexity of the inspection there is a need to prepare the way out of the inspection, the Public Ministry or the judge will be able to order that some of its auxiliaries carry out the procedures to clarify the matter of the diligence and to develop it promptly and expeditiously, in accordance with the applicable rules.
Article 209.-For the description of the inspected, drawings, topographic drawings, ordinary or metric photographs, moulded, or any other, shall be used for the description of the inspected. means to reproduce things, by stating in the minutes which or which of them, in which form and with which object they were used.
The written description shall be made of everything that has not been possible to be carried out by the preceding means, with the aim of clearly fixing the characters, signs or vestiges which the " I shall leave, the instrument or means that has probably been used and the way in which it was used.
Article 210.-By practicing an inspection you will be able to examine the people present, who can provide some useful information to the pre-investigation or process, according to the case, to which effect they may be prevented from leaving the place.
Article 211.-The Public Ministry or the judge, in the case of investigation or process, when carrying out an inspection may be accompanied by the experts who consider required.
Article 212.-In case of injury, the injury must be inspected and the description of the appreciable consequences left.
Article 213.-In sexual and abortion crimes, the official who knows about the matter may be recognized by the doctors if he judges it. indispensable.
In addition to the persons referred to in this Article, only those designated by the recognized person shall be allowed to attend the diligence whenever they accompany it.
Article 214.-The inspection may have the character of reconstruction of facts and its object will be to appreciate the declarations that have been rendered and the expert opinions that have been formulated. It may be carried out, provided that the nature of the offence and the evidence rendered so require, in the judgment of the public servant who is aware of the case, even during the hearing of the proceedings, if the court considers it necessary, however previously practiced.
Article 215.-Reconstruction should be practiced precisely at the time and place where the crime was committed, when these circumstances have influence on the determination of the facts to be rebuilt; otherwise it may be done at any time and place.
Article 216.-Rebuilding will not be practiced without having been examined by persons who have intervened in the facts or who have witnessed them and must take part of it. In the case referred to in the first part of the previous Article, it is also necessary to carry out the simple eye inspection of the site.
Article 217.-When any of the parties request the reconstruction, you must specify the facts and circumstances to be clarified, and the diligence as many times as necessary, in the opinion of the defendant, his defender, the Public Ministry of the Judge or the Court.
Article 218.-In the reconstruction they shall be present, if possible, all those who have claimed to have participated in the events or have witnessed them. Where he does not attend any of the former, he may be able to commission another person to take his place, unless this lack of assistance makes the practice of diligence useless, in which case it shall be suspended. The experts shall also be quoted as necessary.
The description will be done in the manner set out in Article 209.
Article 219.-When there are different versions about the way the facts occurred, they will be practiced, if they are conducive to the clarification of the facts, reconstructions relative to each one of them; and in case it becomes necessary the intervention of experts, these will dictate on which of the versions can be closer to the truth.
CHAPTER IV
Perios
Article 220.-Whenever special knowledge is required for the examination of persons, facts, or objects, experts will be involved with experts.
Article 220 Bis.-When the defendant belongs to an indigenous ethnic group, it shall be sought to make expert opinions, in order for the judge to make a point in the knowledge of their personality and capture their cultural difference with respect to the national average culture.
In the procedures in which people who claim to have the quality of indigenous people intervene, the same will be credited with the single manifestation of those who make it. Where the judge is in doubt or is in question in question, the Community authorities shall be required to issue the evidence attesting to the individual's membership of a particular village or community.
Article 221.-The experts that will rule will be two or more; but one will suffice when only this one can be, or when the case is urgent.
Article 222.-Regardless of the diligence of expertise that has been drowned in the previous investigation, the defense and the Public Ministry will have the right to appoint up to two experts in the process, to rule on each point that warrants expert intervention. The court will let the experts know their appointment and will minister to them all the data they need to make their opinion.
Article 223.-The experts must have an official title in the science or art to which the point on which it is to be ruled, whether the profession or art is legally If not, practical experts shall be appointed. When the defendant belongs to an indigenous ethnic group, they may be practical experts, persons belonging to that indigenous ethnic group.
Article 224.-Practical experts may also be appointed when there are no graduates in the place where the instruction is followed; but in this case it will be request to the court of the place where there are, so that in view of the opinion of the practitioners they shall issue their opinion.
Article 225.-The designation of experts made by the court or the Public Ministry must be placed on the persons who are employed by official appointment and by fixed salary, or in persons who provide their services in Federal Government agencies, in Universities of the country, or who belong to Associations of Professional Professionals recognized in the Republic.
Article 226.-If there are no experts referred to in the previous article and the court or the Public Ministry considers it appropriate, they may appoint others. In these cases the fees will be covered according to what is used to pay in the particular establishments of the branch concerned to the permanent employees of the same, taking into account the time that the experts had to occupy in the performance of your commission.
Article 227.-The experts who accept the position, with the exception of the incumbent officers, have an obligation to protest their faithful performance to the official who practices the Diligence.
In urgent cases, the protest will yield it when producing or ratifying its opinion.
Article 228.-The official who practices the proceedings shall determine the time at which the experts are required to fulfil their duties. If they do not give up their opinion or if they are legally quoted and accepted the position, they will not be able to perform it, any of the means of the award will be used.
If, despite having been pressed, the expert does not comply with the obligations set out in the previous paragraph, his entry will be made to the Public Ministry to proceed with the crime. referred to in Article 178 of the Criminal Code.
Article 229.-In the case of an injury from a crime and the injured person will be in a public hospital, the doctors will be appointed as experts, without prejudice to the fact that the official who practices the proceedings also names other, if appropriate, to give an opinion and make the classification legal.
Article 230.-The autopsy of the dead bodies of persons who have died in a public hospital will be performed by the doctors of the public hospital; without prejudice to the faculty that grants the final part of the previous article.
Article 231.-Out of the cases provided for in the two preceding articles, the recognition or autopsy shall be performed by the official medical experts if any and, in addition, if deemed appropriate, by which the official who is familiar with the matter is appointed.
Article 232.-When the official who practices the proceedings considers it appropriate, he shall assist in the recognition or operations carried out by the experts.
Article 233.-The official who practices the proceedings and the parties may ask the experts questions that are relevant to the subject matter of the expertise; give them in writing or in word, but without any suggestion, the data which they have and shall record these facts in the respective minutes.
Article 234.-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 your opinion.
Article 235.-The experts will issue their written opinion and ratify it in special diligence. The official experts will not need to ratify their opinions, but when the official who practices the proceedings considers it necessary. In this diligence the judge and the parties will be able to ask the experts questions.
Article 236.-When the opinions of the experts disagree, the official who practices the proceedings will cite them to the board in which the points of difference will be discussed, The result of the discussion shall be recorded in the minutes. If the experts do not agree, a third party shall be appointed in discord.
Article 237.-When the expertise falls on objects that are consumed when analyzed, the first analysis will not be allowed to be verified but when more half of the substance, unless its quantity is so low, that the experts may not give their opinion without full use, which shall be recorded in the respective minutes in the terms of the procedure referred to in Articles 123 Bis to 123 Quintus of this code. In both cases, prior notice will be given to the Public Ministry.
Article 238.-When the official who practices the proceedings makes it convenient, you may order them to attend them.
Article 239.-When the authenticity of a document is denied or questioned, the collation of letters or signatures, which will be practiced according to the following 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; and
II.- The collation shall be made with indubitable documents, or with which the parties of common agreement recognize as such; 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 one who harms it.
The judge may order a repeat of the collation by other experts.
CHAPTER V
Witnesses
Article 240.-The court may not fail to examine during the instruction the witnesses present whose declaration the parties request.
Article 241.-You will also be able to examine, as appropriate, the absent witnesses, without this hindering the course of the instruction or the faculty of the court to give it to you. finished when you have gathered the items quite a bit.
Article 242.-Any person who is a witness is required to declare with respect to the facts under investigation. Questions to be asked by the parties must be related to the facts.
The judge or tribunal will only discard questions that are objected to by impertinent or inconduct for the purposes of the process. The scrapping agreement will be revocable. In any case the witness shall give reason for his saying. If the witness does not appear on the first summons, without justified cause, the judge will order that he be presented to testify.
Article 243.-The guardian, curator, pupil or spouse of the defendant or his or her relatives by consanguinity or affinity shall not be required to declare in the ascending line or descending without limitation of degrees and in the collateral up to the fourth inclusive, nor to those who are linked with the defendant for love, respect, affection or close friendship; but if these persons have the will to declare it will be stated this circumstance and your statement will be received.
Article 243 Bis.- They will not be required to declare on the information they receive, know or have in their possession:
I. The lawyers, technical consultants and notaries, in respect of the cases in which they have intervened and have information to be reserved for the exercise of their profession;
II. The ministers of any worship, on the occasion of the confessions which they would have received in the exercise of the ministry they render;
III. The journalists, with respect to the names or recordings, telephone records, notes, documentary and digital files and everything that could lead directly or indirectly to the identification of the people who, on the occasion of the exercise of their activity, provide them as information of a reserved character, in which they support any publication or communication;
IV. People or public servants who perform any other employment, office or profession, by virtue of which the law recognizes the duty to keep reserve or professional secrecy, and
V. Medical surgeons or specialists and clinical psychologists, in respect of information concerning the health of their patients, who are aware of their professional practice.
In case some or some of the persons in the above fractions express their desire to declare and have the express consent of the person I entrust to you the secret, information or confession, this circumstance will be stated and your statement or testimony will be received.
The reservation of information that, at the disposal of the law itself, must keep the public servants, will be made of the knowledge of the authority that requires the statement or testimony and, in any case, shall be subject to the provisions of the law governing the powers of the relevant public servant.
To the public servant who violates the provisions of this article, the penalties referred to in Article 215 of the Federal Criminal Code will apply, but if the crime is committed against the administration of justice, the penalties referred to in Article 225 of the same order shall apply to it.
Article 244.-If the witness is at the place of the residence of the official who practices the proceedings but has no physical impossibility to appear before him, official may move to the place where the witness is to take his or her statement.
Article 245.-When you have to examine the senior officials of the Federation, who practices the proceedings will be moved to the address or office of such persons for To take their declaration or, if deemed appropriate, to request those who give it to them by their own office, without prejudice to the fact that the person concerned, if required and wishes, appears personally.
Article 246.-Witnesses must be examined separately and only the parties may attend the diligence, except in the following cases:
I.- When the witness is blind.
II.- When you are deaf or mute.
III.- When you ignore the Spanish language.
In the case of the fraction I the official who practices the proceedings will appoint another person to accompany the witness, who will sign the declaration after the witness has ratified; in the cases of fractions II and III, Chapter III of the First Title of this Code shall be as provided.
Article 247.-Before witnesses begin to declare they will be instructed of the penalties that the Criminal Code establishes for those who are produced with falsehood, or refuse to declare.
This can be done by meeting all the witnesses.
To those under the age of eighteen, instead of being told the penalties that are incurred by those who are produced with falsehood, they will be urged to lead with truth.
Article 248.-After taking the protest to tell the truth, the witness will be asked his name, surname, age, place of origin, room, marital status, profession or occupation; if you are linked with the defendant or the offended by links of kinship, friendship or any others and if you have any cause of hatred or rancor against any of them.
Article 249.-Witnesses will declare a living voice, without allowing them to read the answers they have written; but they will be able to consult some notes or documents they carry (i) where relevant according to the nature of the case and in the judgment of the person who practices the proceedings.
The Public Ministry, the defendant, the human rights defender, the victim or offended, will have the right to question the witness; the judge or the court will have the power to dismiss the questions. may be referred to as impertinent or inconducent in his or her judgment or as an objection, and may also question the witness as to the points he considers appropriate.
Article 250.-Statements will be clearly written and used as far as possible the same words used by the witness. If you want to dictate or write your statement you will be allowed to do so.
Article 251.-If the declaration refers to any object placed in storage, after interrogating the witness on the signals that characterize the object, the view to be recognized and signed on it, if possible.
Article 252.-If the declaration is relative to a fact that has left vestiges somewhere, the witness may be driven to it for explanations. convenient.
Article 253.-Whenever you examine a person whose statement is suspected of lack of veracity, this will be stated in the minutes.
At the time of the due diligence, the Public Ministry, the defendant or his/her human rights defender may express the reasons they have in order to assume a lack of veracity in the declarant, and even provide evidence on this, which will be added to the case.
Article 253 Bis.-During the criminal proceedings the judicial authority may order, on its own initiative or at the request of the Public Ministry, that police protection be granted to witnesses, victims or offenders of the offence, where:
I. Be endangered your life or bodily integrity by your intervention in criminal proceedings for a crime, and
II. Your statement may be decisive for the proper development of the criminal proceedings or to acquit or convict the defendant.
In the cases of crimes identified as organized crime, the Federal Law against Organized Crime will be in place.
Article 254.-Diligence shall be concluded by the witness in his or her statement or read by the witness, if he would like, to ratify or amend it, and after that it shall be signed by the witness and his companion if any.
Article 255.-If it appears that any witness has occurred with falsehood, then the necessary constances for the investigation of this crime will be sent. the respective entry to the Public Ministry will be made without this being reason for the procedure to be suspended; if at the moment of rendering its declaration the witness, it appears that the commission of the crime of falsehood is manifest, will be stopped Of course and consigned to the Public Ministry.
Article 256.-How much you have to be absent from the place in which the proceedings are carried out by any person who may declare about the offence, his or her circumstances or the the person of the defendant, the court, at the request of any of the parties, shall proceed to examine it as soon as possible; otherwise, it may take the witness for as long as it is strictly necessary for him to give his statement. If it is found that the application was unfounded and because of the same misuse, the witness may require the witness to compensate him for the damages caused to him.
Article 257.-The official who practices the proceedings may dictate the necessary arrangements for the witnesses not to communicate with each other, or through another person, before they surrender their statement.
CHAPTER VI
Confrontation
Article 258.-Every person who has to refer to another, shall do so in a distinct and distinct manner by mentioning, if possible, the name, surname, room and other circumstances that may be used to identify it.
Article 259.-When the person who declares is unable to give exact news of the person to whom he refers, but express that he/she will be able to recognize it if presented, the court will proceed to confrontation.
The same thing will be done when the person who declares is sure to know a person and there is reason to suspect that they do not know it.
Article 260.-When you practice the confrontation, you will take care of:
I.- That the person who is the object of it does not become unmoved, or disfigure, or clear any traces or signals that may serve to the person that has to designate it;
II.- May be 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 class, attended to their education, manners and special circumstances.
Article 261.-If any of the parties request that greater precautions be observed than those prevented in the previous article, the court may agree to them if they consider them to be convenient.
Article 262.-The one who must be confronted can choose the site in which he or she wants to be placed in relation to those who accompany him and ask that anyone be excluded from the group that looks suspicious to you. The court will be able to prudently limit the use of this right when it creates it malicious.
Article 263.-In the case of confrontation, the person who must be confronted and those who must accompany it must be placed in a row; and the declarant on:
I.- If it persists in its previous statement;
II.- If you previously knew the person to whom you attribute the event or if you met it at the time of execution; and
III.- If after the execution of the fact you have seen it, in which place, why, and to what object.
You will be taken in front of the people who form the group; you will be allowed to look at them carefully and you will be prevented from touching the hand you are dealing with, manifesting the differences or similarities between the current state and the one you had at the time you referred to in your statement.
Article 264.-When the plurality of people warrants multiple confrontations, they will be verified in separate acts.
CHAPTER VII
Careers
Article 265.-With the exception of those mentioned in section IV of article 20 of the Constitution, which will only be held if the defendant or his defender requests it, the cards be practiced where there is substantial contradiction in the statements of two persons, and may be repeated when the court considers it appropriate or when new points of contradiction arise.
Article 266.-The caret will only be performed between two persons and will not be met by the diligence but those that must be carried, the parties, and the interpreters if they are required.
Article 267.-Careos, except those excepted in Article 265, shall be practiced by reading contradictory statements, drawing the attention of the They are not in a position to discuss their contradictions, so that they can discuss one another and the truth can be clarified.
Article 268.-When, for any reason, you cannot obtain the appearance of any of the ones to be loaded, it will be performed with no extra charge, read to the present the statement of the other and to note the contradictions between the other and what is stated by him.
If those due to be lacking are outside the jurisdiction of the court, the corresponding EEW shall be provided.
CHAPTER VIII
Documents
Article 269.-The court will receive the documentary evidence submitted to it by the parties until one day before the hearing is summoned, and will add them to the file, settling for reason in cars.
Article 270.-When either party asks for a copy or testimony of a document that covers files of public agencies or agencies, the court will order the the competent authority issuing and sending the official copy of that document. With the request made by one of the parties, the other will be given the view that, within three days, it will ask in turn to add to the constances that it creates appropriate on the same subject. In any event, the court will decide whether the requests are made by the parties.
Article 271.-Existing documents outside the jurisdiction of the court in which the procedure is followed, will be clicked by virtue of an exhort to address the place in that are found.
Article 272.-Private documents and correspondence from one of the stakeholders, which are presented by another, will be recognized by that person.
This object will show you originals and you will be left to view the entire document.
Article 273.-When the Public Ministry considers that evidence of the crime that motivates the instruction in the correspondence to the defendant may be found, it will ask the The court and the court order that such correspondence be collected.
Article 274.-The correspondence collected will be opened by the judge in the presence of your secretary, the Public Ministry and the defendant if you are on the spot.
Then the judge will read for if the correspondence; if it has no relation to the fact that it is found, it will return the defendant or some person of his family, if that does not is present; if it has a relationship it will communicate its contents to it and add it to the file.
Article 275.-The court may order that they be provided by any telegraphic office, authorized copies of the telegrams by it transmitted or received, if it may be this will contribute to the clarification of the facts.
Article 276.-The reasoned order in the cases of the three preceding articles will determine exactly the name of the recipient whose correspondence must be collection.
Article 277.-When at the request of the court to take evidence of private documents in the books, notebooks or files of merchants, industrialists or of any other particular, the one who asks the compressing must indicate the constancy that he requests and the court will order the exhibition of those for inspection to be carried out.
In case of resistance of the holder of the document the court, hearing that and the parties present, will resolve in plain if the exhibition should be made.
Article 278.-Documents written in foreign language will be presented originals, accompanied by their translation into Spanish.
If this is objectionable, they will be ordered to be translated by the experts appointed by the court.
CHAPTER VIII BIS
Private-to-Particular Communications
Article 278 Bis.- Communications between individuals may be voluntarily provided to the prior investigation or criminal proceedings, when they have been obtained directly by any of the participants in the same.
The court will receive the recordings or video footage presented as evidence by the parties and add them to the file.
The communications obtained by any of the participants with the support of the authority may also be provided to the inquiry or to the process, provided the (a) the application of the special support to the authority. If necessary, the test will be perfected with the conductive testimonials or pericials.
In no case will the Public Ministry or the judge admit communications that violate the duty of confidentiality established by the Law, nor will the authority lend support to referred to in the preceding paragraph where such duty is violated.
The duty of confidentiality is not violated when you have the express consent of the person with whom the duty is stored.
The concessionary and permissive companies of the telecommunications or internet service, will be obliged to collaborate with the authorities to obtain such tests when they so request. Any omission or contempt for this provision shall be sanctioned by the authority, in the terms of Article 178 of the Federal Criminal Code.
The communications that are obtained and contributed in violation of the provisions mentioned in this Code are without any value.
Article 278 Ter.- When the request for private communications intervention is made by the Attorney General of the Republic or the public servants in which the power is delegated by the authority, the authority shall grant the authorisation where there is sufficient evidence to establish the probable liability in the commission of serious crimes.
The Public Ministry will be responsible for the intervention to be carried out in the terms of the judicial authorization. The application for authorisation shall contain the legal provisions which cover the case, the reasoning for which it is considered, the type of communications, the subjects and the places to be brought, and the period during which the application is made. carry out the interventions, which may be carried over, without the period of intervention, including their carryovers, exceeding six months. After that period, new interventions may be authorised only where the Public Ministry has provided evidence of new evidence.
In the authorization, the judge shall determine the characteristics of the intervention, its modalities, limits and, where appropriate, order public or private institutions, collaboration specific.
In the authorization granted by the judge, he must order that, when in the same practice it is necessary to extend to other subjects or places the intervention, must be presented before the judge itself, a new application; it shall also order that, at the end of each intervention, a record shall be released containing a detailed inventory of the audio and video tapes containing the sounds or images captured during the intervention; as well as to be given a report on its results, to the effect of verify due compliance with the granted authorization.
The judge may, at any time, verify that the interventions are made in the authorized terms and, in the event of non-compliance, decree their revocation partial or total.
In case of non-exercise of the criminal action and after the legal deadline to contest it, without this, the judge who authorized the intervention, will order that the tapes resulting from the investigations, the originals and their copies, shall be made available and shall be destroyed in the presence of the Public Ministry.
CHAPTER IX
Test Legal Value
Article 279.-The judicial authority shall qualify the value of the confession, taking into account the requirements set out in Article 287 and reasoning its determination, provided for in Article 290.
Article 280.-The public documents will do full proof, except for the right of the parties to redargue them of falsehood and to request their collation with the protocols or with the existing originals in the files.
Article 281.-It is public documents that point to the Federal Code of Civil Procedures or any other federal law.
Article 282.-Public documents from abroad, shall be deemed authentic, when:
I. Be legalized by the authorized representative to attend the affairs of the Republic, in the country where they are dispatched. The legalisation of signatures of the representative shall be made by the authorised official of the Secretariat of External Relations;
II. Its authenticity has been certified, by any means provided for in International Treaties from which Mexico and the State from which it comes, are party, or
III. When presented by diplomatic means.
Article 283.-When there is no Mexican representative at the place where the public documents are issued, and therefore be legalized by the representative of a friendly nation, the firm of this representative shall be legalized by the minister or consul of that nation residing in the capital of the Republic, and the capital of the Republic, by the authorized official of the Secretariat of Foreign Affairs.
Article 284.-The inspection, as well as the result of the search, will test fully whenever the legal requirements are met.
Article 285.-All other means of proof or investigation and confession, except as provided for in the second paragraph of Article 279, constitute mere indicia.
The information, data or evidence obtained for the purpose of rewards cannot be rejected by the judge only and must be assessed and assessed in terms of of this Chapter.
Article 286.-The courts, according to the nature of the facts and the logical and natural link, more or less necessary to exist between the known truth and the one sought, appreciate the value of the indicia in awareness until they can be considered as full proof.
Article 287.-Confession before the Public Ministry and before the judge must meet the following requirements:
I.- That is made per person not less than eighteen years, against him, with full knowledge, and without coercion, or physical or moral violence;
II.- To be made before the Public Ministry or the court of the cause, with the assistance of your defender or person of your trust, and that the defendant is duly informed the procedure and the process;
III.- That is self-made; and
IV.- That there is no data that, in the judgment of the judge or tribunal, makes it implausible.
No person can be entered if there is a single proof of confession. The Judicial Police will be able to report but not obtain confessions; if it does, they will lack any evidentiary value.
Inquiries by agents of the Federal or Local Judicial Police will have the value of testimony that will be complemented by other evidence that the Federal and/or local authorities practice. Public ministry, to be addressed in the act of consignation, but in no case can be taken as confession based on those.
Article 288.-The courts will appreciate the expert opinions, even those of the scientific experts, according to the circumstances of the case.
Article 289.-To appreciate a witness statement the court will take into consideration:
I.- That for your age, ability, and instruction, have the necessary criteria to judge from the act;
II.- That for your probity, the independence of your position and personal history, have complete impartiality;
III.- That the fact that it is dealt with is capable of being known by the senses, and that the witness knows it by itself and not by inductions or references from another;
IV.- That the statement be clear and precise, without doubt or reticence, already on the substance of the fact, already on its essential circumstances; and
V.- 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 289 Bis.- When during the procedure referred to in Articles 123 Bis to 123 Quintus of this Code, the indicia, traces or vestiges of the fact Criminal, as well as instruments, objects or products of the offence, are altered, shall not lose their evidentiary value, unless the competent authority verifies that they have been modified in such a way that they have lost their effectiveness in proving the fact or circumstance in question.
The indicia, traces or traces of the criminal act, as well as the instruments, objects or products of the offence, in the cases referred to in the preceding paragraph, they must be concatenated with other evidence for this purpose.
Article 290.-The courts, in their resolutions, will expose the reasoning that they have taken into account in order to legally assess the evidence.
TITLE SEVENTH
Conclusions
ONLY CHAPTER
Article 291.-The instruction will be closed, the cause will be brought to the Public Ministry's view, for ten days, to make written conclusions. If the file exceeds two hundred fojas, for each hundred of excess or fraction, one day shall be increased to the specified time limit, without ever being greater than thirty working days.
After the period referred to in the previous paragraph without the Public Ministry having submitted any conclusions, the judge must inform by personal notification to the Attorney General of the Republic on this omission, in order for that authority to formulate or order the formulation of the relevant conclusions, within ten working days, counted from the date on which the omission has been notified to it, without prejudice to the application of the appropriate penalties; but, if the case exceed two hundred fojas, for each hundred of excess or fraction shall be increased by one day within the prescribed period, without ever being greater than thirty working days.
If the time limits referred to in the preceding paragraph elapse, without the findings being made, the judge will have to make no-charge conclusions and the proceedings will be brought to immediate freedom and the process is overdone.
Article 292.-The Public Ministry, in formulating its conclusions, will make a brief statement of the facts and the peculiar circumstances of the process; matters of law that are presented; and shall cite applicable laws, enforceable or doctrines. These conclusions should specify whether or not there is an allegation.
Article 293.-In the first case of the final part of the previous article, you must set specific proposals, the punishable facts that you attribute to the defendant, request the application of the relevant sanctions, including the repair of damage and injury, and to cite the laws and case-law applicable to the case. These proposals must contain the elements of the crime and the drivers to establish liability, as well as the circumstances to be taken into account in order to individualise the penalty or measure. For the latter purpose, the Public Ministry will consider the rules that the Penal Code points out about the individualization of the measures.
Article 294.-If the conclusions are of no charge, the judge or tribunal will send them with the process to the Attorney General of the Republic, for the purposes of the article 295.
They will be held for non-accusatory conclusions, those in which the punitive claim is not concretized, or, exercising this, it is omitted to accuse:
a) For any offense expressed in the formal prison order; or
b) A person about whom the process was opened.
Article 295.-The Attorney General of the Republic or the Deputy Attorney General shall hear the views of the officials who must issue it and within ten days following the date on which the process has been received, they will resolve, if the conclusions are to be confirmed or modified. If no reply is received from the officials referred to above, the conclusions shall be deemed to have been confirmed.
Article 296.-The accusatory conclusions, whether formulated by the Agent or by the Attorney, shall be made known to the defendant and his/her defender by giving them the full view the process, in order that, in a term equal to that for the Public Ministry, Article 291 points out, the statement of accusation is answered and, in turn, the conclusions that they create are formulated.
When defendants force several, the term will be common for all.
If the definitive accusatory findings relate to a crime whose punishment does not indicate a prison term or an alternative to another non-custodial sentence, the judge will put in immediate release of the accused, warning him that he is subject to the process for continuation up to the execution sentence.
Article 297.-If the term granted to the defendant and his or her human rights defender is concluded, they shall not have any findings, and shall be made of guilt.
TITLE EIGHTH
Sobriety
ONLY CHAPTER
Article 298.-The withdrawal will proceed in the following cases:
I.- When the Attorney General of the Republic confirms or makes non-accusatory findings.
II.- When requested by the Public Ministry, in the case referred to in Article 138;
III.- When it appears that criminal responsibility is extinguished.
IV.- When no order has been issued for formal imprisonment or for a process and appears that the fact that motivates the investigation is not criminal, or when it is exhausted It is found that the criminal act did not exist.
V.- When, the freedom from data fading has been decreed, the investigation is exhausted and no later elements are available to dictate a new order of apprehension, or be in the case provided for by the final part of Article 426; and
VI.- When you are fully proven that in favor of the defendant there is some cause of the liability.
VII.- When there is evidence that reliably proves the defendant's innocence.
VIII.- In any other case that the law points to;
In cases of dismissal it will always be the judge who decides whether or not to proceed.
In the second instance, the dismissal will proceed, either on its own initiative or at the request of the party, only in the case of the section III of this article, or when some of the parties promote it. exhibiting supervenlient evidence that accredits the innocence of the cause.
Article 299.-The procedure will cease and the file will be filed in the cases of the fourth fraction of the previous article, or when fully checked that the only ones the persons responsible are in one of the circumstances referred to in the fractions I, II, III, V and VI of the same; but if no such conditions are met, the procedure shall continue as far as he is concerned, provided that he does not be suspended in the terms of Chapter III of Section II of the Title 13th.
When the procedure is followed for two or more crimes and because of what has to be done, it will be decreed for what it refers to and will continue the the procedure for other offences, provided that it is not to be suspended.
Article 300.-The dismissal may be either ex officio or at the request of a party, in the cases of fractions I to IV of Article 298 and in the last form in others.
Article 301.-The overment will be resolved out of hand when it is decreed on its own. If at the request of a party, it shall be dealt with separately and in the form of an unspecified incident.
Article 302.-No order of withdrawal may be issued after findings have been made by the Public Ministry, except in the cases referred to in the fractions I and II of Article 298.
Article 303.-The defendant in whose favor the dismissal has been decreed shall be placed in absolute liberty with respect to the crime for which it was decreed.
Article 304.-The overstatement that caused status will take the effects of an absolute judgment with res judicata value.
TITLE NINTH
Judgment
CHAPTER I
Procedure before District Judges
Article 305.-The same day that the defendant or his/her advocate submits their findings, or at the time the declaration referred to in Article 297 is made, shall be cited to the hearing of the hearing to be held within the following five days. The subpoena for that hearing produces the citation effects for statement.
Article 306.-In the hearing, they will be able to question the defendant on the facts of the trial, the judge, the Public Ministry and the defense. Evidence of any evidence which has been carried out during the course of the investigation may be repeated, provided that it is necessary and possible in the court's judgment, and if requested by the parties, no later than the next day on which the car quoting for the hearing. A reading shall be given to the constances which the parties shall indicate; and after hearing the pleadings thereof, the process shall be declared, whereupon the diligence shall be terminated, unless the judge hearing the parties, considers it appropriate to quote a new hearing, for one time.
Against the resolution that denies or admits the repetition of the trial proceedings or summons a new hearing, no recourse is provided.
Article 307.-Where the cases referred to in Article 152 (a), (b) and (c) are in the cases referred to in Article 152, the hearing shall be held by the Public Ministry. Conclusions and answers below the defense. If they are a charge, the procedure referred to in the preceding article shall be followed, the judgment being given at the same hearing or within five days of the hearing. If the conclusions are drawn from those referred to in Article 294, the hearing shall be suspended and shall be as provided for in Article 295.
CHAPTER II
Popular Jury Procedure
Article 308.-In the cases of federal public jury competition, formulated the findings of the Public and Defense Ministry, the court that knows about the process will indicate day and time for the trial, within the next fifteen, and will order the insaculation and sweepstakes of the jurors.
In the same order shall be sent to all witnesses and non-scientific experts who have been examined during the instruction.
Scientific experts may be summoned only when requested by one of the parties, or where, in the court's judgment, their presence is necessary for the sole purpose of establishing facts or clarify them.
Article 309.-The insaculation and sweepstakes of juries shall be made in public on the day before the judgment is to be held, with the judge, his secretary, the Public Ministry, the defendant and his defender. The latter two may cease to attend if they so agree.
Article 310.-The persons referred to in the foregoing article shall be rejoined by the judge in an anchor to the names of one hundred juries entered in the respective rolls and of them will take out thirty.
When each name is taken out, the judge will read it aloud. In this act the Public Ministry and the defendant, by themselves or by their defender, will be able to recuse, without expression of cause, each one of them, up to five of the jurors appointed by the luck. The recused shall be immediately replaced in the same drawing. Due diligence, the appointed jurors will be ordered to be summoned.
Article 311.-During the hearing they must be present: the President of Debates, his secretary, the representative of the Public Ministry, the defendant, unless he resigns expressly their right to attend, their defender and the sworn juries. If any fail without justification, the court will impose a disciplinary correction on the phaltist.
Article 312.-The day set for the hearing, after half an hour of the notice, present the President of Debates, his secretary and the representative of the Ministry Public, it shall be given the reports referred to in Article 85 and shall be passed on to the jurors referred to.
If twelve juries are present, at least, the insaculation and sweepstakes of those who need to know the cause will proceed. Otherwise, it will be sent by the police to the missing persons who have been summoned, according to the reports rendered, to the completion of the number of twelve.
If an hour passes without meeting the required number, the hearing will not be held and new day will be noted for the insaculation and sweepstakes of the juries, and celebration of that.
Article 313.-To all the jurors who, having been summoned, do not contest, will be imposed outright the sanction with which they have been mined, that will be made effective without (a) any appeal, unless the failure to prove the impediment which it has made it impossible for him to attend.
It shall not be considered as an impediment to the absence of knowledge of the appointment because of the absence of the appointment or the change of domicile if the lack of information was omitted. corresponding notices.
The jurors who will be presented during the sweepstakes will be publicly called out for their lack of punctuality.
Article 314.-Reunited twelve jurors, at least, their names will be entered into an anchor of which the President of Debates will extract those of seven owners and those of the supernumeraries that you create convenient, so that the total number of the sorteados does not match that of the present. The supernumerary juries will supply the owners in the order in which they have been drawn.
Article 315.-Practiced the sweepstakes, the President of Debates will order to read the provisions of the Organic Law of the Judicial Branch of the Federation that establish the requirements to be sworn and their causes of impairment, and will immediately ask the jurors drawn if they have the requirements and if they do not exist regarding them some of those causes. If a jury finds that it recognizes not being able to serve for any of those reasons, the Public Ministry will be heard in the act, and the President of Debates will decide, without any recourse, if he admits or disposes of the alleged motive.
In this case, it will not be accepted as an impediment, the simple excuse to point out the same Organic Law.
Article 316.-When a jury fails to manifest the impediment it creates to have the question referred to in the previous article, and appear in the act or subsequently, it shall be entered for the offence referred to in Article 247 (I) of the Criminal Code.
The same consignment will be made if any impediment is alleged, and then it appears not to be true.
Article 317.-Admitted to the impediment, the prevented jury shall be replaced by a sweepstakes and, with which it is designated, the provisions of Article 315 shall be observed.
Article 318.-In this act the parties may ask for the exclusion of any jury that has an impediment and has not been declared by the President of Debates under to the previous articles.
Article 319.-Concluded the draw, the juries that have not been designated will be removed, and the list of the experts and witnesses will be passed.
Article 320.-If all the above experts and witnesses are present or have been declared that in spite of the lack of any of them the hearing is to be held, Being complete the number of the juries, the President of the Debates will take to these the following protest:
Protest to perform the functions of jury without hatred or fear and to decide as you appreciate in your conscience and in your intimate conviction, the charges and the means of defense, working in all with impartiality and firmness?
Each member of the jury, individually named, must answer: If you protest.
Article 321.-If any of the juries refuse to protest, the President of the Debates will impose on him, without recourse, a fine of ten to one hundred pesos and replace him of the corresponding supernumerary.
Article 322.-Installed the Jury, the President of the Debates will instruct the secretary to read to the constances that the same President deems necessary or that they request the parties.
Article 323.-The reading of constances is completed, the President of Debates will question the defendant about the facts of the case. The Public Ministry, the defense, and the jurors will then be able to question him, for themselves, asking the President to speak, or through him, and ask him the questions that lead to the clarification of the truth. Juries will carefully avoid your opinion being passed on.
Witnesses and experts shall be examined in the form and by the persons referred to in the preceding paragraph, as well as by the defendant if he so requests.
In the interrogations of the accused, witnesses and experts, the rules laid down in Articles 156 and 249 shall be observed where appropriate.
Article 324.-The examination of the accused, witnesses and experts, carried out the careings and received the other evidence, the Public Ministry shall be verbally founded conclusions.
Your plea will be reduced to a clear and methodical statement of the facts imputed to the defendant and of the evidence rendered with the analysis which I believe should be made, but without referring to the rules on the legal test, nor make reference to the sanction to be imposed on the accused; he may not cite laws, executorships, doctrines, nor legal opinions of any species. The President of the Debates shall call the order to the infringer of this provision, with a fine of fifty to two hundred pesos if he reoffend.
Article 325.-The Public Ministry must hold the same conclusions as it has formulated in the process, without being able to remove, modify or allege others, but for cause supervenient and sufficient, under its strictest responsibility and without the need for the review of the Attorney General of the Republic.
In this case, when you have the right to use the word to found your findings, you will verbally explain the reasons you have to remove them, modify them, or hold others.
Article 326.-The Public Ministry's plea has been concluded, the defender will make the defence subject to the rules set out in Article 324.
Article 327.-Provided that the Public Ministry or the defense cite or refer to any constancy of the process that or does not exist, or is not as stated, the President The Debates will take note to make the corresponding rectification at the end of the speaker.
Article 328.-The advocate may freely change or withdraw its findings.
Article 329.-At the end of speaking the defendant, the President will declare the discussions closed.
Article 330.-The President of the debates will then proceed to formulate the interrogation, which must be subject to the deliberation of the Jury, subject to the rules following:
I.- If, in the conclusions formulated by the Public Ministry, some contradictions are found, the President will declare it so; if, however, this statement does not remove some of them to make the contradiction disappear, none of the contradictory ones will be put into the interrogation;
II.- If the contradiction in the defence's conclusions exists, it will proceed in the same way as the Public Ministry prevents the previous fraction;
III.- If the Public Ministry retires any accusation, the President will declare the Jury dissolved and will terminate the proceedings;
IV.- If the defense, in its conclusions, considers the facts considered by the Public Ministry as constituting a different crime, another will be formed interrogation, adding to it the circumstances alleged by the Public Ministry when they are not incompatible;
V.- The facts alleged in the conclusions of the Public and Defense Ministry, which do not constitute a circumstance determined by the law, or that because they lack any of the elements which are not required to be considered in the judgment, shall not be included in the interrogation;
VI.- When the conclusions of the Public and Defense Ministry are contradictory, the necessary annotations will be put in the questioning so that the Jury does not it incurs contradictions;
VII.- When the facts contained in the conclusions of the Public or Defense Ministry are complex, they will be divided into the interrogation in as many questions as possible. required for each to contain a single fact;
VIII.- If in the conclusions of any of the parties a technical term is used which, legally, contains several facts or elements, the fraction shall be prevented previous.
If only a fact is significant, the technical term will be replaced by a vulgar one, as far as possible; otherwise, an annotation will be made explaining the meaning of that term;
IX.- Questions about the age or sex of the defendant, or the offended, or the facts that are or should be recorded by special judgment of the defendant shall not be included in the questioning. scientific experts.
No questions regarding formalities or constances, which are exclusively of the procedure, will be included;
X.- No questions will be included in the questioning that will involve the denial of a fact, as only the jurors will be subjected when the Public Ministry or the defense affirm the existence of that fact;
XI.- The first question of the interrogation will be formulated in the following terms: The defendant N. N. is imputable ........... (here they will settle the fact or facts that they constitute the material elements of the offence, without giving them any legal name or applying the provisions of section VII of this Article).
Questions about the amending circumstances will be followed, with the provisions of fractions VII and VIII of this article being observed; and
XII.- In a column of the interrogation intended for this purpose, the words made constitutive, modifying circumstance, shall be placed in front of each question, according to the character of the question.
Article 331.-In the case of section IV of the previous article, the Jury will first subject to a vote which of the two interrogations is to be voted on, and will vote the one who decides the majority. The reason for the vote shall be settled at the time of the signature and before the signatures, with the number of votes formed by the majority.
Article 332.-The facts referred to in Article 330, fraction X, shall be deemed by the President of Debates in his judgment subject to the rules of the legal test, provided that they have been the subject of the findings of either party.
Article 333.-In cases where, in accordance with the law, for a circumstance to be taken into consideration the non-existence of a fact is required, this shall be existing, provided that the jury did not vote on its existence, as long as it had not been submitted, as it was subject to the terms of Article 330 (X), which it has denied.
Article 334.-For each defendant, if there are several, different cross-examination shall be formed, in accordance with the rules laid down in Article 330.
Article 335.-The Public Ministry and the defense may object to the drafting of the interrogation. The President of the Debates shall decide, without recourse, on the opposition.
Article 336.-Next, the President of the Debates will direct the juries to the following instruction:
The law does not take into account the juries the means by which they form their conviction; it does not set them any rules of which the full and sufficient proof depends; it only commands them to question themselves and to examine with the sincerity of their conscience the impression that on it they produce the tests rendered in favor or against the accused. The law is limited to asking them this question, which sums up all their duties: Do you have the intimate conviction that the defendant committed the fact that he is charged? Juries are missing their main duty if they take into account the fate that, by virtue of their decision, must fit the defendant with the provisions of the Criminal Laws.
The President of the Debates will then hand over the process and cross-examination to the oldest jury, who will make Chairman of the Jury, functioning the youngest as secretary.
The hearing will be suspended, the jurors will go to the deliberations room, unable to leave it or have any communication with the people from outside, but until the verdict is signed.
Supernumerary jurors who are not supplying any owner, will remain in the hearing room, to cover any misconduct that occurs during the deliberations.
Article 337.-The President of the Jury will subject the jury deliberation, one to one, the questions of the questioning, allowing them and even urging them, to discuss them; only when the discussion is exhausted will proceed to vote.
Article 338.-In the deliberation the President of the Jury will urge the members to express their opinion and to discuss the case. Exhausted discussion will proceed to vote.
Article 339.-For the vote, the secretary will give each of the juries two tokens, one of which will contain the word yes and the other the word no and then present an anchor for the deposit of the token containing your vote. The records of all the jurors are collected, the secretary will submit the document to the President of the Jury, and he will present another to the jurors to deposit the surplus sheet. The President shall remove from the vote one to one, the records it contains, and read aloud the word written in it, making the secretary the counting of votes. It will then be read out, and the President will instruct the secretary to settle the outcome of the vote in the statement of the question.
If any of the jurors will claim at this time, for having made a mistake or mistake when casting their vote, the vote will be repeated.
Once the result of the vote is written, it can no longer be repeated.
Article 340.-When any of the jurors refuse to vote, the President of the Jury will call on the Debates, who will urge the reluctant to vote, to see them. Sanctions in which you incur your refusal.
If the jury were to insist on not voting, the President of the Debates will impose a fine of fifty to two hundred pesos or the corresponding arrest without any recourse, and order that the omitted vote be added to the majority or to the most favorable one for the defendant, if there are equal numbers for and against the defendant.
Article 341.-Aseated the result of the vote, the Jury secretary will collect the signatures of all the jurors, certify that they have been put by them and sign the certification.
If any of the jurors do not sign for physical impossibility, the secretary will certify them. This certification will take all the effects of the signature of the impeded.
Article 342.-If any jury will refuse to sign, it will proceed in accordance with Article 340.
Article 343.-Signed the verdict, the jurors will pass to the hearing room and their President will hand over to the Debates process, who will read the verdict in voice high.
Article 344.-If any question or any contradiction in the vote is no longer put to the vote, in the opinion of the President of the Debates, it will make the jurors return to the Discussion room to vote on the omitted question, or the contradictory ones in whatever is necessary to decide the contradiction.
The secretary will put the reason for the new vote, collect the signatures of the jurors and certify them.
If there is no need to proceed as required by the preceding paragraphs, either absolute or damning the verdict, the President of the Debates will manifest to the jurors that Having concluded their mission they can withdraw. The right hearing will be opened immediately.
Article 345.-Open the hearing of law, the word will be granted to the Public Ministry and followed to the defense, so that they allege what they believe relevant, founding their petition in the laws, executorships and doctrines that they deem applicable.
Article 346.-Concluded the debate, the judge will dictate the corresponding sentence, which will only contain the resolutive part and which will be read by the secretary.
Article 347.-Reading the statement in accordance with the previous article, surly the effects of notification in form as to the parties that would have attended the hearing, even if they are not present at the time of reading, provided that the absence is voluntary.
Those who have not attended the hearing will be notified of the ruling in the form and terms set forth in Chapter XII of the First Title.
Article 348.-If the sentence is absolute, the defendant shall be released to the act if he is not detained for another reason.
Article 349.-Within the next three days the secretary of the court will extend the detailed minutes of the hearing, in which the names and the names will always be entered the last name of all persons who, with any character, have intervened in it.
Article 350.-The sentence will be thickened within five days of the date of the act referred to in the previous article.
CHAPTER III
Statement clarification
Article 351.-Clarification proceeds only with definitive statements, and can only be ordered once.
Article 352.-The clarification will be asked before the court that has issued the judgment, within the three-day term from the notice and clearly expressing the contradiction, ambiguity, obscurity or deficiency that, in the concept of the advocate, the sentence is sore.
Article 353.-The respective request will be given to the other parties for three days, to expose what they deem to be.
Article 354.-The court will decide within three days whether to clarify the sentence and in what sense, or if clarification is imparted.
Article 355.-When the court that issued the judgment considers that any error of the judgment should be clarified, it will dictate the reasons it creates to make the case. clarification. It shall inform the parties that they shall, within three days, expose what they consider to be appropriate and shall proceed in the manner provided for in the preceding article.
Article 356.-In no case will the background of the statement be altered, on the pretext of clarification.
Article 357.-The resolution in which a statement is cleared will be deemed an integral part of it.
Article 358.-Against the resolution that is given or denied the clarification, no recourse is required.
Article 359.-The proposed clarification interrupts the term noted for the appeal.
CHAPTER IV
irrevocable statement
Article 360.-They are irrevocable and cause execution:
I.- The judgments delivered in the first instance when expressly consented to or when, the term the law states for bringing an appeal is terminated, is not has interposed; and
II.- Statements against which no resource law is required.
TITLE TENTH
Resources
CHAPTER I
Revocation
Article 361.-Only the cars against which the appeal is not granted by this Code shall be revoked by the court that issued them.
It is also the resolutions that are passed in the second instance before the statement.
Article 362.-The time limit for bringing the revocation action and offering evidence shall be five days, counted from the effect of the notification of the resolution that is challenged.
The court will resolve the appeal by hearing the parties at a hearing that will take place within forty-eight hours of the notice being served on the non-party. brought the action, concerning the admission of the latter. In the hearing, the evidence provided shall be heard, the parties shall be heard and a decision shall be made, against which no appeal shall be made. If it is not possible for the hearing to end in that hearing, the judge may, for one time, convene another hearing.
CHAPTER II
Appeal
Article 363.-The appeal is intended to examine whether the corresponding law was not applied in the contested decision or was applied in the case, if they were violated. the regulatory principles of the test assessment, whether the facts were altered or not properly founded or motivated.
Article 364.-The second instance will only open at the request of a legitimate party, to resolve the grievances that the appellant considers to cause the contested decision. The grievances shall be expressed when the appeal is brought or in the case. The court of appeal will supply the deficiency of the grievances when the appellant is the defendant or, if the defender is so, it is warned that by clumsiness he did not enforce them properly.
Appeals filed against resolutions prior to the first instance statement must be resolved by the court of appeal before the appeal is issued. statement.
Article 365.-They have the right to appeal the Public Ministry, the defendant and their human rights defender, as well as the offended or their legitimate representatives when they have been recognized by the Judge of first instance, as intervener of the Public Ministry, for the purpose of the reparation of damages. In this case, the appeal shall be made in the case of damages and the precautionary measures conducive to securing it.
Article 366.-They are appable in both effects only the final statements in which some sanction is imposed.
Article 367.-They are appable in the return effect:
I. The final judgments that absolve the defendant, except those that are pronounced in relation to offences punishable by no more than six months ' imprisonment or with non-custodial sentence, in the terms of the first paragraph of Article 152;
II.- The cars in which the dismissal is decreed in the cases of fractions III to VI of article 298 and those in which the dismissal is denied.
III.- The cars in which the suspension of the judicial procedure is denied or granted; those that grant or deny the accumulation of cars; those that decker or deny the separation of cars; those which grant or refuse recusal;
IIIa.- Cars that ratify the constitutionality of a detention referred to in the sixth paragraph of Article 16 of the Constitution;
IV.- Formal prison cars; those for processing; the lack of elements to process; and those that resolve situations concerning the test.
V.- The cars in which provisional freedom is granted or denied under caution; those who grant or deny freedom by fading of data, and those who resolve any unspecified incident;
VI.- The cars in which the arrest warrant is denied or the citation for high school is denied. These cars are only appealed by the Public Ministry.
VII.- The cars that deny the search, the precautionary measures of a patrimonial character, the roots of the indiciate or the prohibition of leaving a geographical demarcation;
VIII.- Cars in which a court refuses to declare its incompetence as a declinatory, or to release the inhibitory trade referred to in Article 436, and
IX.- The other resolutions that the Act points out.
Article 368.-The appeal may be filed in the act of the notification or in writing or appearance within five days of the judgment, or three days if you are against a car.
Article 369.-When the defendant is notified of the final judgment of the first instance, the term that the law grants to bring the appeal shall be known to the defendant; which will be noted in the process.
The omission of this requirement will have the effect of duplicating the legal term to bring the action, and the secretary or actuary who has incurred it, will be punished. The Court of Justice has jurisdiction in the case of the Court of Justice of the European Court of
.
Article 370.-Interposition the resource within the legal term, the court that issued the appealed resolution will admit it or throw it out of hand, depending on whether or not in accordance with the above provisions.
Against the order of appeal, no appeal is brought, without prejudice to the provisions of Article 374.
Article 371.-If the appellant is accused, the resource will be prevented from being named as a defender in the second instance.
Article 372.-The appeal in both effects is admissible, the process will be forwarded to the respective Court of Appeal. If several defendants are involved and the appeal only concerns some or some of them, the court that issued the appealed judgment shall order the testimony referred to in Article 531.
If this is an absolute statement, the process may be original, unless you have one or more defendants who have not appealed.
When the appeal is accepted for the purposes of the return, except in the case of the preceding paragraph, the authorised duplicate of constances or evidence of what the parties designate and/or of what the court deems appropriate.
The duplicate or testimony must be submitted within five days and if this prevention is not met, the court of appeal, at the request of the appellant, will impose a fine of five to fifteen times the minimum wage.
In the case referred to in the preceding paragraph, the judge shall forward to the court of appeal, together with the testimony, a report indicating the status of the proceedings at the time of which issued the contested order for the purposes of the last part of Article 364.
Article 373.-Received the process, the authorized duplicate of constances or the testimony, if any, the court will put it in the view of the parties for the period of three days; and if they do not promote proof, it shall be indicated by the day for the hearing, which shall be carried out within thirty following the end of the first period, in the case of final judgments, and within five days if the case is concerned.
For her, the Public Ministry will be summoned, the defendant if he is in the place and the appointed defender. If the court has not been appointed to the body, the court shall appoint him as a trade body.
Article 374.-Within the three days referred to in the preceding article, the parties may challenge the admission of the resource or the effect or effects on which it has been admitted, and the court shall give notice of the promotion to the other parties for three days, and shall decide what is appropriate within the following three days.
If the appeal is declared inadmissible, the process shall be returned to the court of its origin, if it has been referred to.
Article 375.-If the parties do not contest the appeal in accordance with the previous article, it may be declared ex officio, after the holding of the hearing, that the appeal was misstated. appeal, and without reviewing the appeal, the file, if any, will be returned to the court of origin.
Article 376.-If within the period to promote proof referred to in Article 373, one of the parties promotes it, it shall express the object and nature of the test. Within three days of the promotion, the court will decide, without further processing, whether to admit it or not.
When the test is admitted, it will be rendered within five days. When the time allowed to surrender is refused, refused or passed, it will again be cited for the view of the cause within the time limits set out in Article 373.
Article 377.-If the evidence is to be surrendered rather than the court of appeal, the court shall grant the term that it believes to be prudent according to the circumstances of the case.
Article 378.-Only testimonial evidence is admitted in the second instance, when the facts to which it relates have not been the subject of the examination of witnesses at first instance.
Article 379.-Whenever the appeal is filed against a final judgment, the court has the power to admit the evidence that is not have been promoted or practiced in the first instance to justify the provenance of the conditional sentence and to settle the case in the absence of the case, even if it has not been a reason for the failure to grant that benefit in the first instance instance.
court may order the court to order the court of appeal against the orders of formal imprisonment, subject to trial or freedom due to lack of elements to prosecute. tests that would not have been practiced, if the parties promote them.
Article 380.-Public instruments are eligible for as long as the cause is not declared.
Article 381.-The parties may take the notes they need to allege at the Court Registry.
Article 382.-The day marked for the hearing will begin the hearing by making the clerk of the court a relationship of the matter; in followed will make use of the word the appellant and continuation of the other parties, in order to indicate who is in attendance. If you force two or more of the appellants, they shall use the word in the order designated by the same official.
Article 383.-Declared the matter, the debate will be closed and the court of appeal will rule the decision that corresponds, at the latest, within eight days, confirming, revoking, or modifying the appealed resolution.
Article 384.-Notwithstanding the provisions of the previous article, if after the hearing the court of appeal believes necessary the practice of some diligence for illustrate their criteria, may delay it for the better to provide, and will practice it within ten days following the provisions of this Code. Practiced as it may, the matter will fail within the next five days.
Article 385.-If only the defendant or his/her defender has appealed, the penalty imposed in the judgment under appeal cannot be increased.
If it is a self-formal prison or a process, or an arrest warrant or a subpoena for high school, the classification of the crime may be changed and the order issued by the that appears tested.
Article 386.-The reorder of the procedure will be decreed at the request of a party, and the grievances in which the request is supported must be expressed. Those with whom the aggrieved party has expressly conformed shall not be invoked, nor shall those which cause any judgment against which the action which the law grants or, if there is no appeal, if there is no protest against such action, are not sought. They were not aware of the situation in the instance in which they were caused.
Article 387.- Notwithstanding the foregoing article if the court of appeal finds that there was manifest violation of the procedure, which left without defence to the prosecution, and that only by the clumsiness or negligence of his defender was not properly fought, he must supply the deficiency and order that the procedure be restored.
Article 388.-There will be a replacement of the process with some of the following causes:
I.- Because of the failure to inform the defendant during the instruction or the trial, the reason for the procedure, or the name of the persons to be charged by the commission of the offense,
II.- For not having been allowed to appoint a defender or not to appoint him as an official in the terms of the law; for not having facilitated the way to let the human rights defender know his appointment, and because he has been prevented from communicating with him or that the human rights defender is present in any of the proceedings of the proceedings;
II Bis.- Because the designation of the translator has been omitted from the defendant who does not speak or understand the Spanish language sufficiently, in terms of the law.
III.- For not having been ministered to the data that I will need for your defense and that will be in the process
IV.- For not having been loaded with any witnesses who have been deposed against him, if the witness gave his statement in the same place where the process continues, being there also processing
V.- For not having been cited by any of the parties for the proceedings you have the right to witness;
VI.- For not having received any of the parties, unjustifiably, the evidence that it has offered, in accordance with the law;
VII.- For the absence of the assistance of the official who is required to fail, of his assistant secretary or witnesses and of the Public Ministry;
VII bis.- For there are serious omissions of the defense to the detriment of the sentenced; they are repudiated as serious omissions of the defense:
a) Not having advised the defendant on the nature and legal consequences of the facts imputed in the process;
b) Not having attended the proceedings to be performed with the defendant's intervention during the prior investigation and during the process;
c) Not having offered and contributed the necessary evidence for the defense of the defendant;
VIII.- For the insaculation of juries in a manner other than that prevented by this Code;
IX.- For not having unjustifiably accepted the defendant or his/her advocate, recusal of any or some of the juries made in the form and legal terms;
X.- Because the jury has not been integrated by the number of people who point to the law or by lack of any legal requirement;
XI.- For questions of a different nature than the law points out to be submitted to the jury resolution;
XII.- For having been tried the defendant by a court of law, having to have been by the Jury, or vice versa;
XIII.- For having been convicted of facts other than those that were considered in the conclusions of the Public Ministry;
XIV.- For having denied any of the parties the resources from, or having resolved the revocation to the contrary in law; and
XV.- Because of a due diligence that, according to the law, was null.
Article 389.-Notified the ruling to the parties, the execution of the court of first instance shall be sent from then to the court of first instance, returning the file, if any.
Article 390.-Whenever the court of appeal finds that the issue was unduly delayed or that the law was violated during the court proceedings, if such violations do not warrant the replacement of the procedure, or that the resolution in question is revoked or modified, will call attention to the child and may impose a disciplinary correction, or record it to the Public Ministry if the violation constitutes a crime.
Article 391.-When the court of appeal notes that the defender failed his duties: for not having brought the resources that came; for having abandoned the 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 of impose a disciplinary correction or record it to the Public Ministry if it is . If the human rights defender is ex officio, the court must, in addition, account for the superior of the court, drawing attention to the negligence or ineptitude of the human rights defender.
CHAPTER III
Denied appeal
Article 392.-The appeal of denied appeal proceeds when it has been denied, or when it is granted only in the return effect being sourced from both, even if the reason for the denial is that it is not considered as a party to which you attempt the resource.
Article 393.-The resource will be interposed verbally or in writing, within three days of notification of the resolution that denies the appeal.
Article 394.-Interposition the resource, the court, without further substantiation, command to issue within three days, certificate in which it will briefly expose the nature and state of the actions, the point on which the appeal is reclined and the letter is inserted, as well as the one that has declared it to be unappealable.
Article 395.-When the court of first instance does not comply with the provisions of the foregoing article, the person concerned may occur in writing before the appeal, which send the certificate within twenty-four hours, without prejudice to the liability to which it is responsible.
Article 396.-Received by the certificate, you must submit it to the court of appeal within the three-day term from which you are given, if the The court is located in the same place. If it resides in another, the first instance shall, in addition to the three days, indicate the term necessary, attended to the distances and the means of communication, without the total term exceeding thirty days.
Article 397.-The court of appeal, without further processing, will cite for judgment and will rule within five days of notification.
Article 398.-If the appeal is declared admissible, or the degree is varied, the testimony or file, if any, shall be requested from the court of first instance to substantiate the second.
CHAPTER IV
Complaint
Article 398 Bis.-The complaint resource proceeds against the missives of District Judges who do not issue the resolutions or do not point out the practice of prosecution. within the terms and terms of the law, or, that do not comply with the formalities or do not issue matters in accordance with the provisions of this Code.
The complaint may be filed at any time after the situation has occurred which motivates it, and will be filed in writing before the Circuit Court of Justice. corresponds.
In the hypotheses provided for in Article 142, the appeal shall be brought by the Public Ministry.
The Unit of Circuit Court, within forty-eight hours, will give input to the appeal and require the District Judge, whose omisive conduct has resulted in the appeal, to to report within three days.
After this deadline, with or without a report, the resolution will be issued. If it is estimated by founding the appeal, the Unitarian Court will require the District Judge to comply with the obligations laid down in the law. The lack of the report referred to in the previous paragraph states the presumption of being certain the omission attributed and will make the judge in fine ten to a hundred times the minimum wage in force at the time and place in which the default.
TITLE TENTH FIRST
Incidents
First Section
Freedom Incidents
CHAPTER I
Interim release under caution
Article 399.-Any defendant shall be entitled during the prior investigation or the process to be released on a provisional basis, immediately upon request, if the Following requirements:
I.- Ensuring the estimated amount of damage repair
Dealing with crimes that affect life or bodily integrity, the amount of the repair may not be less than the relative provisions of the Federal Law apply. of the Job;
II.- That ensures the financial penalties that you can impose on you;
III.- That you caution the fulfillment of the obligations to your office, which the law establishes by reason of the process; and
IV.- That this is not one of the crimes qualified as serious in Article 194.
The caution referred to in part III and the guarantees referred to in fractions I and II may consist of cash deposit, bond, pledge, mortgage or trust formally constituted.
Article 399 Bis.- In the case of non-serious crimes, the Judge may deny at the request of the Public Ministry, the provisional freedom of the defendant, when the has been convicted in the past, for a crime described as serious by the law or, when the Public Ministry provides elements to the Judge to establish that the freedom of the defendant represents, for his previous conduct or for the circumstances and characteristics of the offence committed, a particular risk to the victim or offended and witnesses or, in general, for society.
For the preceding conduct or circumstances and characteristics of the offence committed, as appropriate, shall be understood, where:
I. The defendant is a habitual offender or repeat offender for intentional crimes, in terms of the provisions of the Federal Criminal 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 a criminal criminal procedure 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 to the action of justice, if the provisional freedom is granted to him;
VI. Exists the founded risk of the defendant committing a criminal offence against the victim or offended, any of the witnesses against him, public servants involved in the proceedings, or any 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 399 ter.-The judge may in any case revoke the provisional freedom granted to the defendant when any of the causes provided for in the proceedings appear during the proceedings. Previous article and so request the Public Ministry.
Article 400.-At the request of the defendant or his/her defender, the security to ensure compliance with the obligations laid down by the law of the former on the basis of the process, shall be reduced in the proportion which the judge considers to be fair and equitable, for any of the following circumstances:
I.- The time that the process is deprived of its freedom;
II.- The credited decrease in the consequences or effects of the offense;
III.- The demonstrated economic impossibility to grant the initially indicated caution, even with partial payments;
IV.- The good behavior observed in the seclusion center according to the report given by the Interdisciplinary Technical Council; and
V.- Others that rationally lead to the creation of security that will not seek to subtract from the action of justice.
The request for reduction shall be processed in Incident which shall be substantial in accordance with the rules referred to in Article 494.
The guarantees referred to in Article 399 (I) and (II) may be reduced only in the terms set out in the first paragraph of this Article, when verified the circumstance identified in section III of this article. In this case, if it is possible to prove that in order to obtain the reduction the defendant simulated his insolvency, or that after the reduction of the caution he recovered his economic ability to cover the amounts of the guarantees initially If they are not returned within the period prescribed by the judge for that purpose, they shall be revoked for the provisional freedom granted.
Article 401.-If the captive freedom is denied, it may be requested again and granted for supervenient causes.
Article 402.-The amount of the caution related to Section III of Article 399 shall be affordable for the defendant and shall be determined by taking into account:
I.- The history of the defendant;
II.- The severity and circumstances of the offense charged;
III.- The greatest or least interest that the defendant may have in subtracting to the action of justice;
IV.- The economic conditions of the defendant; and
V.- The nature of the warranty to be offered.
Article 403.-The nature of the caution will be left to the defendant, who when applying for freedom, will manifest the way he chooses, for the effects of the V fraction of the previous article. If the defendant, his or her representative or his/her advocate does not make the above statement, the court, in accordance with the foregoing article, shall fix the amounts corresponding to each of the forms of the course.
Article 404.-The deposit consisting of cash deposit, shall be made by the defendant or by third persons in the credit institution authorized to do so. The corresponding certificate shall be deposited in the court of securities of the court, with a record of this being recorded in cars. Where the deposit is not directly lodged with the institution referred to above, the court shall receive the amount displayed and send it to the institution on the first working day.
When the defendant does not have sufficient economic resources to make the cash deposit of a single exhibition, the judge may authorize him to do so in a partial manner, in accordance with the following rules:
I.- That the defendant has at least one year to reside effectively in the place where the process is followed, and prove to be in employment, occupation or occupation Tenders that provide you with means of subsistence;
II.- That the defendant has a personal guarantor who, in the judgment of the judge, is solvent and suitable and said guarantor to take charge of the exhibits not made by the defendant. The judge may exempt from this obligation, for which reason his decision shall be motivated;
III.- The amount of the first display may not be less than fifteen percent of the total amount of the course set, and must be made before the release is obtained. provisional; and
IV.- The defendant must be obliged to carry out the exhibits for the amounts and within the time limits set by the judge.
Article 405.-When the guarantee consists of a mortgage, the property must not have any charge and its tax value must not be less than the sum fixed as the the amount that the judge deems necessary to cover the costs of making the guarantee effective under the terms of Article 414 of this Code.
When the guarantee consists of a pledge, its market value shall be at least twice the amount of the sum fixed as a course. In this case the court will issue the corresponding certificate of deposit.
Article 406.-When offered as a personal bond by quantity not exceeding the equivalent of one hundred times the general minimum wage in force for the Federal District, The judgment shall be held under the responsibility of the court for the solvency and suitability of the guarantor.
Article 407.-When the security exceeds the equivalent of one hundred times the general minimum wage in force for the Federal District, it shall be governed by the provisions of Articles 2851 to 2855 of the Civil Code, with the exception that, in the case of legally constituted and authorized institutions, it will not be necessary for them to have real estate registered in the Public Registry of the Property.
Item 408.-The real estate of the guarantor must have a tax value not less than the sum fixed as a course, plus the amount the judge deems necessary to cover expenses to make the guarantee effective under the terms of Article 414 of this Code.
Item 409.-The sureties that this Chapter speaks will be extended in the same piece of cars or added to them.
Article 410.-The guarantor, except in the case of the institutions or companies referred to in Article 407, shall declare before the court under protest of telling the truth, if he has prior to any other judicial bail and, where applicable, the amount and circumstances of the same, in order for that statement to be taken into account when qualifying its solvency.
Article 411.-When the defendant is notified of the order granting the captive freedom, he or she will be informed that he/she contracts the following obligations: know of his case the fixed days which it is considered appropriate to point out to him and how many times he is summoned or required to do so; to communicate to the same court the changes of domicile that he has, and not to be absent from the place without permission of the cited court, that not may be granted for more than one month.
You will also be made aware of the causes of the revocation of captive freedom.
In the notification it will be stated that the defendant was informed of the above obligations and the causes of revocation; but the omission of this requirement will not be its consequences to the defendant.
Article 412.-When the defendant has guaranteed for himself his or her freedom with deposit, pledge, mortgage or trust, the latter will be revoked in the following cases:
I.- When you disobey, without fair and proven cause, the court's legitimate orders you know of your matter, or do not perform the exhibits within the deadlines set by you. the court, in the case of being authorised to make the deposit in a partial way;
II.- When he is sentenced for a new intentional offence that deserves imprisonment, before the file in which he was granted freedom is concluded by execution statement;
III. When, by itself or by person, I will threaten or intimidate the victim or offended or any witness of those who have deposed or have to depose or shall treat or bribe any of the latter, any official of the court, or the Agent of the Public Ministry involved in the case;
IV.- When requested by the same defendant and present to the court.
V.- When it appears later that it corresponds to the defendant a penalty that does not allow freedom to be granted.
VI.- When in the process causes the judgment to be executed at first or second instance.
VII.- When the defendant fails to comply with some of the obligations referred to in Article 411.
VIII.- In the case pointed out in the final part of the last paragraph of Article 400.
Article 413.-When a third party has guaranteed the freedom of the defendant by cash deposit, bond, pledge, mortgage or trust, the deposit shall be revoked:
I.- In the cases mentioned in the previous article.
II.- When the third party asks to be told of the obligation and present the defendant.
III.- When the guarantor's insolvency is subsequently proven.
IV.- In the case of item 416.
V.- In the case pointed out in the final part of Article 400.
Article 414.-In the cases of fractions I and VII of Article 412, the defendant shall be reapprehended and the caution shall be effective, to which effect the court shall send the certificate of deposit or the testimony of the mortgage to the tax authority for recovery.
In the cases of fractions II, III, V and VI of the same article and III of Article 413, the reapprehension of the defendant shall be ordered. In the case of fractions IV of Article 412 and II of 413, the defendant shall be referred to the establishment concerned.
Article 415.-The court will order the return of the deposit or send the warranty to cancel:
I.- When in accordance with the previous article the defendant is referred to the corresponding establishment.
II.- In the cases of Sections II, III, V and VI of Article 412, where the reapprehension of the defendant has been obtained.
III.- When you decree the dismissal in the case or the freedom of the defendant.
IV.- When the defendant is acquitted.
V.- When the defendant is convicted and is present to serve his sentence.
Article 416.-When a third party has constituted deposit, bond, pledge, mortgage, or trust, to guarantee the freedom of an defendant, the orders to appear This shall be understood. If he is not able to present it, the court may give him a period of up to thirty days for him to do so, without prejudice to the order of apprehension if he deems it appropriate. If the period granted is not obtained, the defendant shall be reapprehended and the security shall be effective in the terms of the first paragraph of Article 414.
Article 417.-In the cases of the first paragraph of Article 414 and the last part of Article 416, the tax authority shall retain in its possession the amount of the security which is has become effective, in the meantime it is settled on the pecuniary sanction, for the purposes of the last paragraph of Article 35 of the Penal Code.
CHAPTER II
Provisional Freedom Under Protest
Article 418.-Freedom under protest may be decreed whenever the following circumstances are present:
I.- For crimes whose maximum penalty does not exceed three years in prison. In the case of persons with limited resources, the judge may grant this benefit where the custodial sentence does not exceed four years.
II.- That the defendant has not been convicted of intentional crime.
III.- That the latter has a fixed address and known at the place where the process is followed or must be followed, or within the jurisdiction of the respective court;
IV.- That the residence of the defendant in that place is one year at least;
V.- That the defendant has a profession, trade, occupation, or honest way of living; and
VI.- That in the judgment of the granting authority there is no fear that the defendant will be subtracted to the action of justice.
Freedom under protest will be substantial in the form set for the unspecified incidents.
They shall be applicable to freedom under protest, the provisions contained in Article 411.
Article 419.-The defendant shall also be released under protest, without the requirements of the foregoing article, when he or she is in compliance with the sentence imposed in the first instance, the appeal is pending. The courts will automatically agree to the freedom of this article.
If only the sentenced is appealed, the freedom of protest will not be revoked unless it is in the case provided for in section IV of article 421.
Article 420.-The order in which freedom is granted under protest will not have its effects until the defendant formally protested to the court he knows of subject whenever you are ordered.
Article 421.-Freedom under protest will be revoked in the following cases:
I.- When the defendant disobeys without fair cause and proven the order to present himself to the court he knows of his/her process.
II.- When you commit a new offense, before the process in which you were granted freedom is concluded by an enforceable sentence.
III. When by itself or by person, I will threaten or intimidate the victim or offended or any witness of those who have deposed or have to depose in their process or try to cohate or bribe any of the latter, any official of the court, or the Agent of the Public Ministry who intervene in their process;
IV.- When in the course of the process it appears that the crime deserves a greater penalty than the one indicated in section I of article 418.
V.- When I cease to attend any of the conditions set out in Section 418, fractions III, V and VI.
VI.- When a conviction is placed against the defendant and this cause is enforceable.
CHAPTER III
Freedom by fading data
Article 422.-Freedom by fading of data proceeds in the following cases:
I.- When in any state of the instruction and after dictation of the formal prison order, the data that was used to check the body is fully faded. of the offense, or
II.- When in any state of the instruction and without any subsequent data of liability appeared, those considered in the order of formal prison to have the detainee as an alleged person responsible.
Article 423.-In order to substantiate the respective incident, the petition by either party, the court will be summoned to a hearing within the five-day term, to the that the Public Ministry must attend.
The resolution to be passed shall be issued within the seventy-two hours following the time the hearing was held.
Article 424.-The request of the Public Ministry to grant freedom by fading of data does not imply the withdrawal of the criminal action. Consequently, the court can deny that freedom despite the favorable request of the Public Ministry, except that it is in the case provided for by Article 138.
Article 425.-When the defendant has only been declared subject to processing, the incident referred to in this chapter may be promoted, so that the incident is not statement.
Article 426.-The resolution granting freedom will have the same effects as the freedom order for the lack of elements to process, the right of the Public Ministry to ask again for the arrest of the defendant and the court's faculty to order a new order of formal imprisonment, if they subsequently appear to have information that serves as a foundation and provided that the criminal acts are not varied. reason for the procedure. When freedom is resolved with support in section I of article 422, it will have definitive effects and the process will be overworked.
Section Second
Miscellaneous Incidents
CHAPTER I
Substantiation of competencies
Article 427.-Competition issues can be initiated either by decline or by inhibitions.
When one of these means has been chosen, it cannot be abandoned to have recourse to the other or to use the two successively, since it must be passed by the result of the one who is Preferred.
Article 428.-The declinatory will be sought before the court that knows the case asking it to abstain from the knowledge of the case and to refer the actions to the court which is deemed competent.
Article 429.-Decline may be promoted in any state of the court proceedings. If you object during the instruction, the court hearing the case may continue to act validly until the Public Ministry and the defence formulate conclusions.
Article 430.-The decline of the court will mandate the court to give the other parties a view of the application for the term of three common days and to resolve the matter within the of the following six days.
Article 431.-Decline can be initiated and held by the courts and for the purpose the opinion of the Public Ministry will be heard and will be resolved where appropriate, the actions through the Public Ministry are referred to the competent authority.
Article 432.-Decline competition cannot be resolved until after the proceedings are held that do not admit delay, and in case you have stopped the order of formal imprisonment or the freedom to prosecute have been issued.
Article 433.-The court that receives the actions referred to it that has been declared incompetent, will hear the Public Ministry within three days and will resolve in the Six days time limit if you acknowledge your competence. If he does not recognise it, he shall send the hearings to the court of jurisdiction with his opinion, informing the court that he has sent the file. If the court that receives the proceedings as provided for in the first part of this article does not resolve within the prescribed period, it shall proceed as in the complaint.
Article 434.-The inhibitory will be tried before the court to whom it is created competent to be abot to the knowledge of the matter, but it will never be able to try to stop know the judge whose jurisdiction has been established for high security reasons.
Article 435.-The one that promotes the inhibitory can be abandoned before it is accepted by the courts; but once they accept it, it will continue to be substantial. until your decision.
Article 436.-The court will send a view to the Public Ministry when it does not come from this instance, for the term of three days, and if it considers that it is competent to know of the case, will free the court to know of the business, in order to refer the case to the court.
Article 437.-After the required court receives the injunction, it shall indicate three days to the Public Ministry and three other common to the other parties, if any, to (a) shall be required for a hearing to be held within 24 hours, whether or not they are to be heard; and shall take a decision within three days. If the resolution is admitting its incompetence, it will of course refer the cars to the requesting court.
If the decision is upheld, it will refer the incident to the court of competence by communicating this procedure to the applicant so that it will refer its actions to the the court to decide the dispute.
Article 438.-Events about competencies will always be processed separately.
Article 439.-The court of jurisdiction in the cases of Articles 433 and 437, will give the Public Ministry a view of the six-day term and will decide what is appropriate within the following 15 days, referring the proceedings to the court which declares jurisdiction.
Article 440.-The act by an incompetent tribunal shall be valid if it is a court of the same jurisdiction. In the case of a different jurisdiction, the Federal Court shall decide to declare that the instruction is open for the parties to promote the measures of proof they deem appropriate, proceeding immediately in accordance with the other provisions. of this Code.
Article 441.-When the jurisdiction is resolved in favor of the jurisdiction that has known the case, the jurisdiction tribunal will be limited to returning the proceedings to the court that has referred them.
Article 442.-In the substantiation of the competencies, once the terms have passed, the appropriate procedure will be provided.
Article 443.-In all competition controversies, the Public Ministry will be heard.
CHAPTER II
Impediments, excuses, and recuses
Article 444.-Justices and judges must be excused in the cases in which they intervene, for any of the causes of impediment to the Organic Law of Power Judicial of the Federation.
Article 445.-The causes of impairment cannot be dispensed by the will of the parties.
Article 446.-The impediment will be qualified by the superior to whom it would correspond to judge of a recusal, in view of the report that, within three days, the judge or magistrate. Against the resolution that will be handed down there will be no recourse.
Article 447.-When a judge or magistrate is not excused despite having any impediment, recusal will proceed.
No-cause recusal is admissible. In any case it will be expressed concretely and clearly the one that exists, and being several will be proposed at the same time, except that it is some superveniente, the one that will be proposed when it occurs.
Article 448.-The recusal may be brought in at any time, but not after it has been cited for first instance statement or for view in the courts higher, and the promoted will not suspend the instruction or processing of the pending resource. If a judge or magistrate is brought against him, the conclusion of the trial shall be suspended and, where appropriate, the hearing for the resolution of the case in the higher courts.
Article 449.-If after the citation for judgment or for the hearing, there has been change in the staff of a court, the recusal will only be admissible if it is proposed within the three days following the notification of the order referred to in Article 37.
Article 450.-Any recusal that is not promoted in time and form shall be cast out of plane.
Article 451.-When the judge or magistrate considers the cause of recusal to be true and legal, without hearing the parties will declare themselves inhibited and send the matter to whom corresponds.
Article 452.-When the officials referred to in the previous article estimate that it is not true or that the alleged cause is not legal, they will point to the challenge of the term Forty-eight hours to occur before the top you need to know about the recusal.
If this is different from the one in which the recused official resides, in addition to the indicated forty-eight hours, another term shall be granted which shall be sufficient account for the greatest or least difficulty in communications.
If within the terms of this article you do not present the recusal to the superior, you will be given up.
Article 453.-Interputting the recusal, the recused must direct the superior to the superior that must qualify that, with insertion of the written in that it has been promoted, of the provided for and the constances which are indispensable, in the judgment of the same one, and of which I shall indicate the challenge.
Article 454.-In the case of Article 452 received the written form of the party that has promoted the recusal by whom it must know of it, the official will be asked to recused, who will surrender it within twenty-four hours.
Article 455.-Within five days, counted from the next one where the trades referred to in the previous two items are received, it will be resolved if it is legal or not recusal cause that was alleged.
If the resolution is affirmative and the cause is founded on facts that are not justified, the incident shall be opened to the test for a term that shall not exceed ten days.
Article 456.-Concluded the probative term, within the next forty-eight hours, the resolution against which there will be no recourse shall be delivered.
Article 457.-When the recusal is discarded, a fine of ten to 100 pesos will be imposed upon the recusal.
Article 458.-Admitted an impediment or qualified as legal the cause of a recusal, the prevented or recused will be definitively separated from the knowledge of the subject, the court to which it corresponds according to the Organic Law of the Judicial Branch of the Federation.
Item 459.-No recusal is required:
I.- By completing exhorts.
II.- In competition incidents.
III.- In the qualification of impediments or recuses.
Article 460.-The secretaries and actuaries of the courts are included in the provisions of this chapter, with the modifications that determine the following three items.
Article 461.-Of the incidents you will know the judge or magistrate of who is dependent on the prevented or recused.
Article 462.-Alleged the impairment or admission of the recusal, the secretary or actuary shall pass the matter to whom it is required to replace it in accordance with the law.
Article 463.-Recognized by the recusal as a certain cause of recusal, or admitted as legitimate to the impediment, the judge or magistrate shall declare, without further processing, impeded to act in the business to the secretary or actuary of the person concerned.
If it is declared that the impediment or recusal is not appropriate, the secretary or actuary will continue to act in the cause.
Against the respective resolution there is no recourse.
Article 464.-Jurors, Public Ministry officials, and trade defenders should be excused in the cases in which they intervene, for any of the causes of an impediment to the respective Organic or Regulatory Laws.
Article 465.-The impediments to Public Ministry officials will be qualified by those who designate the law that rules the Institution.
Article 466.-The excuses of the defenders of trade will be qualified by the court that knows about the matter.
Article 467.-The jury's voluntary excuses will be qualified in terms of the Organic Law of the Judicial Branch of the Federation.
CHAPTER III
Suspending the procedure
Article 468.-Initiated the court procedure, it cannot be suspended but in the following cases:
I.- When the person responsible has been subtracted to the action of justice.
II.- When you notice that you are in one of the cases listed in Sections I and II of Article 113.
III.- When you drive through the process, whatever the status of the process.
IV.- When there is no auto from formal prison or hold to process and the following requirements are also filled:
a).- That even if the inquiry is not exhausted, there is no transitional impossibility to practice the steps that are indicated in it;
b).- That there is no basis for decrement the overment; and
c).- That the person responsible for the offense is unknown.
V.- In other cases where the law expressly orders the suspension of the procedure.
The suspension based on the assumptions of fractions I and III does not prevent the prosecution of measures from the Public Ministry or the offended or its representatives. Property rights under Article 149.
Article 469.-The provisions of section I of the above article are without prejudice to the fact that, in their opportunity, all the proceedings that are brought are carried out to check the existence of the crime and the liability of the fugitive, and to achieve his capture.
The subtraction of an accused to the action of justice shall not prevent the continuation of the proceedings, in respect of the other accused who are at the disposal of the court.
Article 470.-The capture of the fugitive is achieved, the process will continue its course, without any repetition of the proceedings already practiced, unless the court considers it indispensable.
Article 471.-When the suspension of the procedure has been decreed in the cases referred to in Sections II, III and IV of Article 468, the procedure shall be continued as follows: disappear the causes that motivated it.
Article 472.-The court will decide on the suspension of the procedure, on its own initiative, at the request of the Public Ministry or the defendant or its representative, in the which has been established in any of the causes referred to in Article 468.
CHAPTER IV
Accumulation of cars
Article 473.-Accumulation will take place:
I.- In processes that follow against the same person, in the terms of Article 18 of the Penal Code.
II.- In which they are still being investigated for related offenses.
III.- In which the co-members of the same crime are to be followed.
IV.- In which you continue to investigate the same offense against multiple people.
Article 474.-Accumulation shall not proceed if it is a number of forces, except as provided for in the second and third paragraphs of Article 10.
Article 475.-Crimes are related:
I.- When they have been committed by multiple people together.
II.- When they have been committed by several people, although in different times and places, but by virtue of concert between them.
III.- When a crime has been committed: to seek the means to commit another, to facilitate its execution, to consume it, or to ensure impunity.
Article 476.-Accumulation cannot be decreed in processes after the instruction is closed.
Article 477.-When any of the processes are no longer in a state of instruction, but are not concluded either, or when the accumulation is not appropriate in accordance with this Chapter, the court whose judgment causes enforceability shall transmit it in certified copy to the court which is aware of the other process for the purposes of the application of the sanctions.
Article 478.-If the processes are followed in the same court, the accumulation may be automatically decreed without substantial substantiation.
If it is promoted by either party, the court will hear them in a verbal hearing that will take place within three days and, without further processing, will resolve within the next three days. to deny it when the investigation is difficult.
Article 479.-If the processes are followed in various courts, it will be competent to know of all the ones to be accumulated by the court that knew of the proceedings more old; and if these were started on the same date, the one I will designate the Public Ministry.
Article 480.-The cumulation must be promoted before the court which, in accordance with the previous article, is competent; and the incident to which it will take place in the form established for the competencies by inhibitions.
Article 481.-Accumulation incidents will be substantially substantial without the procedure being suspended.
Article 482.-The provisions of this chapter will be applicable to inquiries that are practiced by the courts, even if there is no formal or formal prison order. attachment to processing.
CHAPTER V
Auto Separation
Article 483.-The judge who knows of a process followed against multiple subjects, will order the separation of processes, only when one of those requests the closing of the instruction, while another object to it.
Article 484.-(Repeals).
Article 485.-(Repeals).
Article 486.-(Repeals).
Article 487.-The car separation incident will be substantially substantial, in the same way as the accumulation incident without suspending the procedure.
Article 488.-When several courts know of processes whose separation has been enacted, the one that first delivers enforceable judgment shall proceed in the terms of the Article 477.
CHAPTER VI
Repair of damage to persons other than the defendant
Article 489.-The action to require damages to persons other than the defendant, in accordance with Article 32 of the Criminal Code, should be exercised by the person who has the right to do so before the court which is aware of the criminal offence; but it must be attempted and followed before the courts of the common order, in the appropriate judgment, where the irrevocable judgment has been given in the proceedings without having attempted such action, provided that the person in question is a particular person. The latter shall also be observed when, after the instruction has been completed, there is no criminal trial for lack of prosecution by the Public Ministry and civil action is subsequently promoted.
When the two actions have been promoted, the process has been completed without the incident of repair of the damage being in a state of judgment, it will continue to know the court before whom is started.
Article 490.-The lack of express provision of this Code, in the processing of incidents on the repair of damage payable to a person other than the defendant, The Federal Code of Civil Procedures shall be applied, in the conduct or in the manner determined by the law. These incidents will be dealt with separately. Notifications shall be made in the form indicated in Chapter XII of Title 1 of this Code.
Item 491.-If the incident arrives at the state of argument before the instruction completes, it will be suspended until the process is in a statement state, which is decide to resolve the criminal action and to repair the damage that is required of persons other than the defendant, while the arguments are being produced at the hearing of the criminal trial.
Article 492.-In the cases provided for in sections I and III of Article 468, the processing of the incident shall be continued until judgment is given.
Article 493.-The precautious providences that may be attempted by those who are entitled to reparation shall be governed by the provisions of the Federal Code of Civil Procedures, without prejudice to the powers that the laws grant to the Fisco to ensure its interest.
CHAPTER VII
Unspecified incidents
Article 494.-The incidents whose processing is not detailed in this Code and which, in the judgment of the court, cannot be resolved outright and are those that do not have to be suspended the course of the procedure shall be substantially substantial and shall be made as follows: the parties shall be given the opportunity to promote the incident, to reply to the act of the notification or at the latest within three days. If the court is required to do so, or if any of the parties so request, a test term shall be opened which does not exceed five days, after which it shall be cited for a hearing to be verified within the following three. Whether or not the parties are present, the court will of course fail the incident.
TENTH SECOND TITLE
Relative to the Mental Sick, the Minors, and to those with the Habito or the Need to Consume Narcotic Drugs or Psychotropics
CHAPTER I
Mental Sick
Article 495.-As soon as the defendant is suspected of being insane, idiotic, imbecile or suffering from any other weakness, illness or mental anomaly, the court will send him examine by medical experts, without prejudice to the continuation of the procedure in the ordinary form. If there is a well-founded plea, he shall provisionally order the detention of the defendant in a madhouse or in a special department.
Article 496.-Immediately that the defendant is found to be in any of the cases referred to in the previous article, the ordinary procedure will cease and the The law of the Court of Justice leaves to the right criterion and to the prudence of the court the way to investigate the criminal offence imputed, the participation that in it has had the defendant, and the one to study the personality of this one, without the need of the procedure to be used is similar to the judicial procedure.
Article 497.-If the violation of the criminal law is checked and the defendant's participation was found, upon request of the Public Ministry and in the hearing of the advocate and legal representative, if any, the court will rule the case, ordering the seclusion in the terms of Articles 24 (3), 68 and 69 of the Criminal Code.
The resolution that will be rendered will be appealable in the return effect.
Article 498.-When in the course of the process the accused maddes, the procedure is suspended in the terms of article 468, fraction III, referring to the insane to the appropriate setting for your treatment.
Article 499.-The surveillance of the inmate will be in charge of the corresponding federal administrative authority.
CHAPTER II
Minors
Article 500.-In places where local courts exist for minors, they will be competent to hear of violations of federal criminal laws committed by under eighteen years of age, applying the provisions of the respective federal laws.
Article 501.-Federal courts for minors in other Federal Entities, shall know in their respective jurisdictions, of violations of criminal laws Federal committed by children under the age of eighteen.
Article 502.-In the Federal Entities where there are two or more courts for minors, you will know of the case that you have prevented.
Article 503.-(Repeals).
Article 504.-(Repeals).
Article 505.-(Repeals).
Item 506.-(Repeals).
Article 507.-(Repeals).
Article 508.-(Repeals).
Article 509.-(Repeals).
Article 510.-(Repeals).
Article 511.-(Repeals).
Article 512.-(Repeals).
Article 513.-(Repeals).
Article 514.-(Repeals).
Article 515.-(Repeals).
Article 516.-(Repeals).
Article 517.-(Repeals).
Article 518.-(Repeals).
Article 519.-(Repeals).
Item 520.-(Repeals).
Article 521.-(Repeals).
Article 522.-(Repeals).
CHAPTER III
Of the pharmacodependents
Article 523.- The Public Ministry at the beginning of the preliminary investigation, will give notice to the corresponding health authority, when a pharmacodependent commits a criminal law, in order for that authority to intervene in the terms of the applicable provisions, without prejudice to the second paragraph of Article 199 of the Federal Criminal Code.
Item 524.-Repealed.
Item 525.-Repealed.
Article 526.- If the defendant in addition to acquiring or possessing the narcotic or psychotropic necessary for his personal consumption, commits any crime against the health, shall be entered, without prejudice to the intervention of the health authority competent for its treatment or prevention programme.
Article 527.- Where there is a narcotic or psychotropic insurance, the Public Ministry or the judge shall request the preparation of the expert opinion for the competent authority, on the organoleptic or chemical characters of the insured substance. This opinion shall be rendered at the latest within the period of seventy-two hours referred to in Article 19 of the Constitution.
THIRD THIRD TITLE
Running
CHAPTER I
General provisions
Article 528.- In any sentence, the court that the dicte will prevent the sentenced to not reoffend, warning him of the sanctions This is a matter of course, which will be done in due diligence with the formalities outlined in Article 42 of the Federal Criminal Code. The lack of such diligence shall not prevent the penalties for recidivism and habituality from being effective.
Article 529.-The execution of the irrevocable sentences in criminal matters corresponds to the Executive Branch, who, through the body designated by the Law, will determine, in its the case, the place and the modalities of enforcement, in accordance with the provisions of the Criminal Code, in the rules on the execution of penalties and measures and in the judgment.
It will be the duty of the Public Ministry to practice all the necessary measures to ensure that the sentences are strictly enforced; and it will do so, already managing close to the administrative authorities as appropriate, or already requiring before the courts the repression of all the abuses that those or their deputies commit, when they depart from what is prevented in the sentences, in favor or against the individuals that are object of them.
Article 530.-The Public Ministry shall comply with the duty imposed on it by the foregoing article, provided that, by complaint or otherwise, it reaches its notice that the authority responsible for the execution of the judgment departs from what is ordered in it. The agents of the Public Ministry, in order to make their representations in such cases to the administrative authority or to the courts, will obtain previously express and written instructions from the Attorney General of the Republic.
Article 531.- Pronounced a damning or absolute enforceable sentence, the judge or the court that the ruling shall issue within forty-eight hours, a certified copy for the Secretariat of Public Security, with the identification data of the sentenced person. Failure to comply with this provision will be punishable by a fine of fifteen to thirty days minimum wage.
The judge is obliged to dictate, of its own motion, all the necessary providences for the sentenced to be made available to the Secretariat of Public Security. Failure to comply with this obligation shall be punishable by a fine of 40 to 60 days ' minimum wage.
Article 532.-The Public Ministry will request from the courts that, for the purposes of Article 37 of the Penal Code, be sent to the appropriate fiscal authority, copy the judgment in which the pecuniary sanction is condemned, in order to make its amount effective.
Article 533.-Payment of the pecuniary penalty, in whole or in part, the tax authority, within the unextendable three-day term, shall put the amount corresponding to the repair of the damage at the disposal of the court, which will make it appear to those who are entitled to it to make immediate delivery of its amount.
The court may apply to the tax authority the means of aaward it deems necessary to comply with the obligation imposed on it by this article.
Article 534.- When a sentenced man becomes mad after he has ruled against him that he will be sentenced to a custodial sentence, they will be suspended. the effects of this while not recovering the reason, internandosele in a hospital for your treatment.
Article 535.-When forfeiture is decreed, it shall be as provided for in the Criminal Code for the purposes of conservation, destruction, sale and application of instruments, objects, and products of the offences.
CHAPTER II
Conditional condemnation
Article 536.-Evidence to be promoted to prove the requirements of Article 90 of the Criminal Code for the granting of conditional conviction shall be rendered during the instruction without the offer of such evidence by the defendant, means the acceptance of his or her responsibility in the facts that are imputed to him.
Article 537.-When the agent of the Public Ministry or the human rights defender has drawn conclusions, if the conditional sentence is considered, they will indicate this for the case in which the The court imposes a custodial sentence that does not exceed four years.
Article 538.-If the defendant or his/her defender has not requested in his/her conclusions the granting of the benefit of the conditional sentence and if it is not granted ex officio, may request and render the respective evidence during the processing of the second instance.
The sentenced person who considers that the judgment was given in accordance with the conditions laid down in Article 90 of the Federal Criminal Code, and that he is in a position to comply with the other requirements which, in the case itself, are laid down, if it is a warning from your party or the Courts that you did not obtain conditional conviction in the judgment, that you may be encouraged to open the respective incident. before the Judge of the cause.
Article 539.- When for any of the reasons stated in Article 90 of the Federal Criminal Code the sanction imposed must be made effective, the benefit of the conditional sentence, the court which granted it, shall proceed, with a hearing of the Public Ministry, and of the sentenced person and of his defender, if possible, to check the existence of that cause and, where appropriate, order the execution of the sanction.
CHAPTER III
Preparatory Freedom
Article 540.- When a sentenced person who is commpurging a custodial sentence creates a right to a high school, he will request it from the body. of the Executive Branch designating the Act to which it shall accompany the certificates and other evidence it has.
Article 541.-The application will be received, reports will be requested regarding the requirements referred to in Sections I and II of Article 84 of the Penal Code, to the authority executive of the inmate in which the sentenced person is commendering the sentence, which must also accompany the opinion that the Interdisciplinary Technical Council issues in each case.
The reports submitted by the above authority will not be an obstacle to obtaining the necessary data by any other means.
Dealing with health crimes in the field of narcotic drugs or psychotropic drugs, the Attorney General's Office of the Republic should be asked to report in any case.
In view of these reports and data, it will be resolved on the origin of the requested freedom and the conditions to which the grant of the grant should be fixed will be fixed.
Article 542.-When the preparatory freedom is granted, information on the solvency and suitability of the proposed guarantor will be received and in view of it will be resolved if To be admitted to the guarantor.
Article 543.- Admitted to the guarantor shall be granted the security in the terms that this code establishes for the freedom under caution and will extend to the sentenced a laissez-passer so that you can begin to enjoy high school freedom. This concession shall be communicated to the head of the respective prison, to the authority of the place which is designated for the residence of the same sentenced person and to the court which has known the process.
Article 544.- The laissez-passer referred to in the previous article will be referred to the head of the prison for delivery to the sentenced to release him, by signing a record stating that he has received such a laissez-passer and that he is obliged not to separate himself from the place that has been pointed out to him for his residence, without permission from the authority that granted him the preparatory freedom.
If the person who has been granted high school freedom is granted permission to change his residence, he or she will be presented to the local authority of the place where he or she will be based. The document which justifies giving notice of the change to the municipal authority of its previous address shall be displayed to it.
Article 545.- The sentenced person must present the laissez-passer, as long as it is required by a Magistrate or Federal Judge or Police or the Ministry If he refused, he would communicate to the authority that granted him the preparatory freedom, which could impose him up to fifteen days of arrest, but without revoking that freedom.
Article 546.-Where the benefit of preparatory freedom is found in one of the cases referred to in Article 86 of the Criminal Code, the municipal authority or any other Another person who is aware of this will give an account to which he granted freedom, for the purposes of the same article.
Article 547.- When the sentenced person has committed a new offence, the court which is aware of the new offence shall transmit a certified copy of the judgment causing the offence to the the authority which granted the freedom, who shall, in accordance with Article 86 of the Federal Criminal Code, decree the revocation.
Article 548.-When the preparatory freedom is revoked according to the two previous articles, the safe-conduit will be collected and inused.
CHAPTER IV
Retention
Article 549.-(Repeals).
Article 550.-(Repeals).
Article 551.-(Repeals).
Article 552.-(Repeals).
CHAPTER V
Conmutation and reduction of sanctions and cessation of their effects
Article 553.-The one who would have been convicted by irrevocable judgment and in the most favorable sanctions or sanctions switching cases referred to in the Code Criminal proceedings may be requested by the judicial or executive authority, where appropriate, by the commutation, reduction of the penalty or the dismissal which they carry out, without prejudice to the fact that those authorities act on their own initiative and without prejudice to the obligation of repair the legally enforceable damages.
Article 554.-Received the request will be resolved without further processing whatever is appropriate.
The resolution shall be communicated to the court that has known the proceedings and to the head of the prison where the sentenced person is. The court must notify the person concerned of the decision.
Article 555.-(Repeals).
Article 556.-(Repeals).
CHAPTER VI
Pardon and recognition of the innocence of the sentenced
Article 557.-(Repeals).
Article 558.-In the case of the pardon referred to in section III of Article 97 of the Penal Code, the applicant shall apply to the Federal Executive with his or her request. The Department of the Interior Ministry, must accompany the supporting documents of the services provided to the Nation by the sentenced man.
Article 559.-The Executive, in view of the evidence, or if it so will agree to public peace and security dealing with political crimes, will grant the pardon without condition or with which it considers appropriate.
Article 560.-Recognition of the innocence of the sentenced is based on one of the following reasons:
I.- When the statement is based exclusively on evidence that is subsequently declared false.
II.- When, after the judgment, public documents that invalidate the evidence in which that or those presented to the jury were founded and that served as a basis for the accusation and verdict.
III.- When someone is convicted of murder of another who has disappeared, this or any irrefutable proof that he lives will be present.
IV. When two sentenced persons have been convicted of the same crime and the impossibility of the two being committed is shown;
V.- When the sentenced person was convicted of the same facts in various trials. In this case the most benign sentence will prevail.
VI.- (Repeals).
Article 561.-The sentenced person who is created with the right to obtain the recognition of his or her innocence, will occur to the Supreme Court of Justice, in writing in which he will expose the cause on the basis of his or her request, accompanying the relevant evidence or demonstrating them in good time. Only the documentary evidence shall be admitted, except in the case of the case referred to in section III of the same previous article.
Article 562.-In making your request, the sentenced person may appoint an advocate, in accordance with the provisions of this Code, to sponsor him during the substantiation of the pardon, until its final resolution.
Article 563.-Received the request will immediately prompt the process or processes to the office in which they are located; and when in accordance with Article 561 it has been protested display the evidence, a prudent term to receive them will be noted.
Article 564.-Received the process or processes and, where appropriate, the proof of the promote, the matter will be passed to the Public Ministry for the term of five days to ask for the which to its representation is appropriate.
Article 565.- Returned the file by the Public Ministry, it will be put in the view of the sentenced and his defender for the term of three days, so that impose on him and formulate his pleadings in writing.
Item 566.-After the term referred to in the previous article, the subject will be ruled out by declaring the request to be founded or not, within ten days.
Article 567.-If it is declared founded, the file will be sent to the Executive of the Union through the Secretariat of the Interior, so that, without further processing, recognize the innocence of the sentenced person.
Article 568.-All resolutions in which the pardon is granted will be published in the Official Journal of the Federation and communicated to the court that has issued the statement, for the respective annotation to be made in the case file.
Resolutions concerning the recognition of innocence will be communicated to the court that has issued the judgment, to make the respective annotation in the case file. At the request of the interested party, they will also be published in the Official Journal of the Federation.
CHAPTER VII
Rehabilitation
Article 569.-The rehabilitation of political rights will be granted in the form and terms provided by the Organic Law of Article 38 of the Constitution.
Article 570.- The rehabilitation of civil or political rights will not proceed while the sentenced person is extinguishing the custodial sanction.
Article 571.- If the sentenced person has already extinguished the custodial sanction, or if the sentence has not been imposed, the term that the the following Article may occur to the court which has given the irrevocable judgment, requesting the right to be re-enabled for the rights of the private, or in the exercise of which it is suspended, for which it shall accompany its document on the documents following:
I.- A certificate issued by the appropriate authority, stating that it has extinguished the custodial sentence imposed on it, or that it was granted the commutation, or pardon, if applicable; and
II.- A certificate of the municipal authority of the place where it has resided since it began to suffer the disablement, or suspension, and an information received by the the same authority, with a hearing from the Public Ministry, that shows that the advocate has observed good continuous behavior since he began to suffer his sentence, and that he has given evidence of having contracted habits of order, work and morality.
Article 572.- If the sentence imposed on the sentenced person has been the one of disablement or suspension for six or more years, it cannot be rehabilitated before the Three years have elapsed since the beginning of the extinction.
If the disablement or suspension is for less than six years, the sentenced person will be able to apply for rehabilitation when he has put out half of the sentence.
Article 573.- Received the application, the court, at the request of the Public or of the Office, if necessary, seek more extensive reports to leave perfectly specified the conduct of the sentenced.
Article 574.- Received the information, or of course if it is not deemed necessary, the court will decide within three days, hearing the Public Ministry and the petitioner, whether or not the application is founded. In the first case, it shall forward the original actions, with its report, to the Executive of the Union, through the Secretariat of the Government, in order to resolve the matter in the final analysis. If the rehabilitation is granted, it will be published in the Official Journal of the Federation; if it is refused, the sentenced person will be issued with his or her rights so that he can apply again after one year.
Article 575.-Granted the rehabilitation by the Executive, the Secretariat of the Interior will communicate the resolution to the corresponding court, to make the annotation respective in the process.
Article 576.-Once you have been granted rehabilitation, you may never be granted another rehabilitation.
TRANSIENT
Article 1o.-This Code will begin to rule on the first day of October of a thousand nine hundred and thirty-four.
Article 2o.-From that date, the Federal Code of Criminal Procedures, issued on December 16, thousand nine hundred eight, is abrogated.
Article 3o.-All matters that are being processed when this Code is started will be subject to its provisions.
Article 4o.-Resources brought before the validity of this Code and which have not yet been admitted or disposed of, shall be permitted provided that in this Code or in the They shall be from, and shall be substantial in accordance with the provisions of the present, except those of appeal which shall be dealt with in accordance with the provisions of the previous Code.
Article 5o.-The terms that are running at the time of this Code shall be computed in accordance with the provisions of the Code or the foregoing, longer.
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its proper publication and observance, the Code, at the residence of the Federal Executive Branch, in Mexico City, at the twenty-three days of August of a thousand nine hundred and thirty-four.- A. L. Rodriguez. -Heading.-The Assistant Secretary of Government, Encharged to the Office, Juan G. Cabral. -Heading
What I communicate to you for publication and other purposes.
Effective Suffrage. No Re-election.
Mexico, D. F., at August 28, 1934. -The Assistant Secretary of the Interior, Charged with the Office, Juan G. Cabral-Heading.
Al C. ..
