FEDERAL CRIMINAL CODE
Official Journal of the Federation August 14, 1931
Last Reform Published DOF March 12, 2015
On the sidelines is a stamp that says: Federal Executive Branch.-United Mexican States. -Mexico.-Secretariat of the Interior.
The Constitutional President of the United Mexican States, the following Decree has been addressed:
PASCUAL ORTIZ RUBIO, Constitutional President of the United Mexican States, to its inhabitants, known:
That in use of the powers granted to him by Decree of 2 January 1931, he has had to issue the following
FEDERAL CRIMINAL CODE
Article 1o.-This Code will be applied throughout the Republic for federal order offenses.
Article 2o.-It will be applied, also:
I. For crimes that are initiated, prepared or committed abroad, when they produce or are intended to have an effect on the territory of the Republic; or, for crimes that are initiated, prepared or committed abroad, provided that a Article 4 (1) of the Treaty provides for the obligation to extradite or to judge, to update the requirements laid down in Article 4. of this Code and not be extradited to the likely responsible to the State that required it, and
II.- For crimes committed in Mexican consulates or against their personnel, when they have not been tried in the country in which they were committed.
Article 3o.-Continuous crimes committed abroad, which continue to be committed in the Republic, will be pursued in accordance with the laws of the Republic, be they Mexican or foreigners.
The same rule will apply in the case of continued offenses.
Article 4o.-The crimes committed in foreign territory by a Mexican against Mexicans or against foreigners, or by a foreigner against Mexicans, will be punished in the Republic, in accordance with federal law, if the following requirements are met:
I.- The defendant is in the Republic;
II.- That the inmate has not been definitively tried in the country in which he or she is concerned, and
III.- That the violation of being accused is a crime in the country in which it was executed and in the Republic.
Article 5o.-They will be considered as executed on Republic territory:
I.- Crimes committed by Mexicans or foreigners on the high seas, on board national ships;
II.- Those executed on board a national warship surfed in port or in territorial waters of another nation. This extends to the case where the vessel is merchant, if the offender has not been judged in the nation to which the port belongs;
III.- Those committed on board a foreign vessel in a national port or in the territorial waters of the Republic, if the public tranquility or if the offender or the offended not of the crew. Otherwise, it shall be carried out in accordance with the right of reciprocity;
IV.- The tasks on board domestic or foreign aircraft located in territory or in national or foreign territorial waters or waters, in cases analogous to Those who point to the previous fractions for vessels, and
V.- The roles of Mexican embassies and legations.
Article 6o.-When an offence is committed not provided for in this Code, but if in a special law or an international treaty of compulsory observance in Mexico, they will apply taking into account the provisions of the First Book of this Code and, where appropriate, the conduct of the Second Book.
When the same matter is regulated by various provisions, the special shall prevail over the general.
In case of crimes committed against girls, children and adolescents will always seek the best interest of the childhood that must prevail in all application of law.
General rules on crime and liability
Article 7o.-Crime is the act or omission that sanctions criminal laws.
Material crimes will also be attributable to the typical result that you omit to prevent, if this had the legal duty to prevent it. In such cases, the result shall be deemed to be the result of a misnomic conduct, when it is determined that the one who omits to prevent it had the duty to act for it, derived from a law, a contract or its own previous act.
The offense is:
I.- Instant, when consummation is exhausted at the same time as all of its constituent elements have been performed;
II.- Permanent or continuous, when consummation is prolonged over time, and
III.- Continued, when with unit of criminal purpose, plurality of behaviors and unit of taxable person, the same legal precept is violated.
Article 8o.-Criminal actions or omissions can only be done in a painful or culpable manner.
Article 9o.-It is the work of the person who, knowing the elements of the criminal type, or foreseeing as possible the typical result, wants or accepts the realization of the fact described by the law, and
Work the typical result, which produces the typical result, which did not foresee being foreseeable or previous trusting that it would not be produced, by virtue of the violation of a duty of care, that He should and could observe according to personal circumstances and conditions.
Article 10.-Criminal liability does not pass from the person and property of the offenders, except in the case specified by law.
Article 11.-When any member or representative of a legal person, or a corporation, corporation or company of any kind, with the exception of the institutions of the State, commit a crime with the means that for such purpose the same entities provide, so that it is committed in the name or under the amparo of the social representation or in benefit of it, the judge may, in the cases exclusively specified by the law, decree the suspension of the grouping or its dissolution, when deemed necessary for public safety.
Article 12.-A punishable attempt exists, when the resolution to commit a crime is externalized by performing in part or entirely the executive acts that should produce the result, or by omitting those that should be avoided, if that is not consumed by causes beyond the will of the agent.
To impose the penalty of the attempt, the judge will take into account, in addition to the provisions of Article 52, the greater or lesser degree of approximation to the time of the crime.
If the subject spontaneously desists from the execution or prevents the consummation of the crime, no penalty or measure of security shall be imposed as far as this is concerned, without prejudice to apply the one that corresponds to executed or omitted acts that constitute crimes themselves.
People responsible for crimes
Article 13.-They are authors or participants of the offense:
I.- Those who agree or prepare their realization.
II.- Those that perform them themselves;
III.- Those who perform it together;
IV.- Those that carry it out using another;
V.- Those that determine dolously to another to commit it;
VI.- Those who dolefully lend help or assist another for their commission;
VII.- Those who after their execution assist the offender, in compliance with a prior promise to the offense and
VIII.- those without prior agreement, intervene with others in their commission, when the result that each person produced cannot be specified.
The authors or participants referred to in this Article shall each respond to the extent of their own guilt.
For the subjects referred to in fractions VI, VII and VIII, the penalty provided for in Article 64a of this Code shall apply.
Article 14.-If multiple offenders take part in the execution of a given crime and some of them commit a different offense, without prior agreement with the others, all be responsible for the commission of the new offence, unless the following conditions are met:
I.- That the new offense does not serve as an appropriate means to commit the principal;
II.- That that is not a necessary or natural consequence of this, or of the concerted means;
III.- That they did not know before that the new crime was to be committed, and
IV.- That they have not been present in the execution of the new offense, or that they have been, done how much was on their side to prevent it.
Crime exclusion causes
Item 15.-The offense is excluded when:
I.- The fact is performed without the agent's will intervention;
II.- The absence of any of the elements that make up the typical description of the offense in question is demonstrated;
III.- The consent of the owner of the affected legal asset is acted upon, provided that the following requirements are met:
a) That the legal good is available;
b) That the owner of the asset has the legal capacity to freely dispose of it; and
c) That the consent be expressed or unspoken and without any vice; or that the event be performed in such circumstances as to allow for the presumption that, have been consulted with the holder, have been granted the same;
IV.- A real, current or imminent aggression will be repeated, and without the right, in the protection of own or foreign legal goods, provided there is a need for defense and rationality of the means employed and does not mediate sufficient and immediate intentional provocation by the assaulted or the person to whom it is defended.
It shall be presumed to be a legitimate defence, unless proof to the contrary, the act of causing harm to whoever by any means tries to penetrate, without right, to the home of the agent, to his family, to their dependencies, or to those of any person who has an obligation to defend, to the place where they are owned or other than those of which the same obligation exists; or, find it in any of those places in circumstances such that they reveal the likelihood of an aggression;
V.- The need to safeguard a legal or foreign good, a real, current or imminent danger, not caused by the agent, injuring another good. of less or equal value than the safeguard, provided that the danger is not avoidable by other means and the agent has no legal duty to address it;
VI.- The action or omission is performed in compliance with a legal duty or exercise of a right, provided there is a rational need for the means employed to comply with the duty or exercise the right, and the latter shall not be carried out for the sole purpose of harming another;
VII.- At the time of the typical event, the agent does not have the ability to understand the illicit character of the agent or to conduct it according to that understanding, by virtue of to suffer from mental disorder or delayed intellectual development, unless the agent has caused his or her mental disorder in pain or guilt, in which case he/she will answer for the typical result as long as he or she has foreseen it or is foreseeable.
When the capacity referred to in the preceding paragraph is only significantly diminished, the provisions of Article 69a of this Code shall be provided.
VIII.- The action or omission is performed under an invincible error;
A) About any of the essential elements that make up the criminal type; or
B) Regarding the ilicitness of the conduct, either because the subject is unaware of the existence of the law or the scope of the law, or because it believes that its conduct is justified.
If the errors referred to in the above are due, the provisions of Article 66 of this Code shall be provided;
IX.- Atents the circumstances that are present in the conduct of an unlawful conduct, it is not rationally enforceable to the agent a different conduct to that which he carried out, in virtue of could not be determined to act in accordance with the law; or
X.- The typical result occurs by chance.
Article 16.-To be exceeded in cases of legitimate defense, state of need, compliance with a duty or exercise of a right referred to in fractions IV, V, VI Article 15 shall impose the penalty of the culpable offence.
Article 17.-The causes of the exclusion of the crime will be investigated and resolved on their own initiative or at the request of a party, in any state of the procedure.
Article 18.-An ideal contest exists, when with a single conduct several crimes are committed. There is a real contest, when with a plurality of behaviors several crimes are committed.
Article 19.-No contest when behaviors constitute a continued offense.
Article 20.-There is recidivism: whenever the sentenced by any court of the Republic or of the foreign court, commits a new offence, if not after the completion of the sentence or the pardon of the sentence, a term equal to that of the prescription of the sentence, except for the exceptions laid down in the law.
The conviction suffered abroad will be taken into account if it comes from a crime that has this character in this Code or special laws.
Article 21.-If the reincident in the same genre of infractions commits a new offense from the same passion or vicious inclination, it will be considered as delinquent usual, provided that the three offences have been committed in a period not exceeding ten years.
Article 22.-In the preemptions of the above articles, cases are understood in which only one of the crimes, or all, remain at any time of the attempt, be whatever character the person is responsible for.
Article 23.-The above articles will not apply when dealing with political crimes and when the agent has been pardoned for being innocent.
Penas and security measures
Article 24.-Security penalties and measures are:
2.- Treatment in freedom, semi-freedom and work in favor of the community.
3.- Internship or treatment at the liberty of unimputable and those who have the habit or the need to consume narcotic drugs or psychotropic drugs.
5.- Go-to-place ban determined.
6.- pecuniary santion.
8.- Neglect of instrumentalities, objects, and proceeds
11.- Cause not to offend.
12.- Suspension or disenfranchisement.
13.- Disablement, removal or suspension of functions or jobs.
14.- Special statement of statement.
15.- Authority Surveillance.
16.- Suspension or dissolution of companies.
17.- Tutelary measures for minors.
18.- Discovering of goods corresponding to illicit enrichment.
19. The placement of location and surveillance devices.
And the others that set the laws.
Article 25.-Prison consists of the deprivation of bodily freedom. Its duration will be three days to sixty years, and only an additional penalty may be imposed on the maximum limit when a new offence is committed in seclusion. It shall be extinguished in the penal colonies, establishments or places which, for the purposes of the law or the executing authority of the penalties, comply with the respective judicial decision.
The deprivation of preventive liberty will be computed for the fulfillment of the sentence imposed as well as those that could be imposed on other causes, even if they have had for object facts prior to entering prison. In this case, the penalties will be committed simultaneously.
The maximum limit of the duration of the sentence of imprisonment for up to 60 years referred to in this Article shall not apply for the offences punishable by the with the provisions 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, whose maximum duration will be the one that marks the Law.
Article 26.-Processed subject to pre-trial detention and political prisoners, will be held in special establishments or departments.
Treatment in freedom, semi-liberation and work in favor of the community
Article 27.-Treatment at the freedom of the imputable consists in the application of the labor, educational and curative measures, if any, authorized by law and conduct to the social rehabilitation of the sentenced, under the guidance and care of the executing authority. Its duration may not exceed that of the replaced prison term.
Semi-freedom implies alternation of periods of deprivation of liberty and treatment at liberty. Depending on the circumstances of the case, it will apply as follows: external during the week of work or education, with weekend seclusion, weekend departure, with seclusion during the rest of the week; or daytime exit, with seclusion. night. The duration of the semi-freedom may not exceed that of the replaced prison term.
The work in favor of the community consists in the provision of unpaid services, in public educational institutions or in social assistance or in private institutions assistance. This work shall be carried out in days other than the hours of the tasks that represent the source of income for the subsistence of the subject and his family, without exceeding the extraordinary day determined by the labour law and under the guidance and supervision of the implementing authority.
The work in favor of the community may be either autonomous or substitute for the prison or the fine.
Each day of imprisonment will be replaced by a working day in favor of the community.
The extension of the working day will be set by the judge taking into account the circumstances of the case.
For no concept will this work be developed in a way that is degrading or humiliating for the condemned person.
Article 28.-Containment consists of the obligation to reside in a given place and not to leave it. The Executive will make the designation of the place, reconciling the demands of public tranquility with the health and needs of the condemned person. In the case of political crimes, the designation shall be made by the judge who gives the judgment.
Article 29.-The pecuniary penalty comprises the fine and repair of the damage.
The fine consists in the payment of an amount of money to the State, which will be fixed for days fine, which will not exceed a thousand, except the cases that the law itself point. The fine day is equivalent to the daily net perception of the sentenced person at the time of the crime, taking into account all his income.
For the purposes of this Code, the lower limit of the fine day will be the equivalent of the daily minimum wage in the place where the crime was consumed. As far as the continued crime is concerned, the minimum wage in force at the time of the last conduct will be considered. For the permanent, the minimum wage in force shall be considered at the time the consummation ceased.
When it is established that the sentenced person is unable to pay the fine or can only cover part of it, the judicial authority may substitute it, in whole or in part, for the benefit of the work in favor of the community.
Each working day will pay a fine day. Where the replacement of the fine for the provision of services is not possible or appropriate, the judicial authority may place the sentenced person at liberty under surveillance, which shall not exceed the number of days replaced.
If the sentenced person is refused without justification to cover the amount of the fine, the State will require it through the co-active economic procedure.
At any time, the amount of the fine may be covered, where the proportion of the work paid in favour of the community, or the time of imprisonment, is deducted from this proportion. that the inmate has complied with the substitute penalty for the custodial sentence, in which case the equivalence will be due to a day of fine for one day of imprisonment.
Article 30. The repair of the damage must be integral, adequate, effective, effective, proportional to the severity of the damage caused and to the affected affectation, it will comprise at least:
I. The refund of the item obtained by the crime and if it is not possible, the payment of the price of the same, to its updated value;
II. The compensation of material and moral damage caused, including medical and psychological care, social services and rehabilitation or curative treatments necessary for the recovery of health, as required or required by the victim, as a result of the offence. In cases of crimes against the free development of personality, freedom and normal psychosexual development and mental health, as well as family violence, it will also include the payment of psychotherapeutic treatments that are necessary for the victim;
III. The compensation of damages caused;
IV. The payment of the loss of income and loss of income, to this end, will be taken as the basis of the salary that the victim had at the time of the crime, and in case of not having that information, it will be according to the minimum wage in force in the where the event occurs;
V. The cost of the loss of opportunities, in particular employment, education and social benefits, according to their circumstances;
VI. The statement that restores the victim's dignity and reputation through electronic or written means;
VII. The public apology, the acceptance of responsibility, as well as the guarantee of non-repetition, when the crime is committed by public servants.
The means for rehabilitation must be as complete as possible, and must enable the victim to participate fully in public, private and social life.
Article 30 Bis.-They are entitled to repair the damage in the following order: 1o. The offended; 2o. In the event of the death of the offended, the surviving spouse or the concubinaire or concubine, and the minor children; in the absence of these other descendants, and ascendants who were economically dependent upon him at the time of death.
Article 31. The repair shall be fixed by the judges, according to the damage to be repaired, based on the evidence obtained in the process and the affected affectation to the victim or offence of the offence.
For cases of compensation for damage caused by recklessness, the Executive of the Union shall regulate, without prejudice to the decision to be taken by the authority. judicial, the way in which, administratively, this repair must be ensured by special insurance.
Article 31 Bis. In any criminal proceedings, the Public Ministry shall be obliged to request, on its own initiative, the conviction in respect of the reparation of the damage and the judge is obliged to resolve the driver.
Failure to comply with this provision shall be sanctioned in accordance with the provisions of section VII and the second paragraph of Article 225 of this Code.
At all times, the victim must be informed about the repair of the damage.
Article 32.-They are required to repair the damage in the terms of Article 29:
I.- The ascendants, for the crimes of their descendants who will be under their homeland:
II.- The guardians and custodians, for the crimes of the disabled under their authority;
III.- The directors of internees or workshops, who receive in their establishment disciples or apprentices under the age of 16, for the crimes that they execute during the time they are under the care of those;
IV.- The owners, companies or managers of negotiations or commercial establishments of any kind, for the crimes committed by their workers, laborers, employees, domestic and artisans, on the occasion and in the performance of their service;
V.- Companies or groupings, for the crimes of their managing partners or managers, on the same terms as, in accordance with the laws, they are responsible for the other obligations that the seconds contract.
This rule is excepted to the conjugal society, for, in any case, each spouse will respond with his own property for the repair of the damage he causes, and
VI. Any institution, association, organization or grouping of a religious, cultural, sporting, educational, recreational or any kind, whose employees, members, members, auxiliaries or assistants who carry out their activities voluntary or remunerated manner, and
VII.- The State, in solidarity, for the intentional crimes of its public servants carried out for the exercise of its functions, and subsidizes when those culpuses.
Article 33.-The obligation to pay the pecuniary penalty is preferential with respect to any other contracted after the crime, except for those concerning food and industrial relations.
Article 34.-The repair of the damage resulting from a crime that must be done by the offender is of a public penalty and will be automatically required by the Public Ministry. The offended or his or her right holders may provide the Public Ministry or the judge with the data and evidence they have to demonstrate the origin and amount of such reparation, in the terms that the Criminal Procedure Code prevents.
Failure by the authorities of the obligation referred to in the preceding paragraph shall be punishable by a fine of thirty to forty days minimum wage.
When such repair is to be required from third party, it shall have the character of civil liability and shall be dealt with in the form of an incident, in the terms set by the Code of Criminal Proceedings.
Who is considered entitled to reparation for the damage, which he cannot obtain before the criminal judge, by virtue of non-exercise of the action by the Public Ministry, or an absolute judgment, may use the civil route in the terms of the relevant legislation.
Article 35.-The amount of the pecuniary penalty will be distributed: between the State and the offended party; the amount of the fine will be applied to the first, and the second of the repair.
If the entire amount of the pecuniary penalty is not made effective, the repair of the damage, and if any, pro rata among the offended, shall be covered in preference.
If the offending party will waive the repair, the amount of the repair will be applied to the State.
Deposits that guarantee captive freedom shall be applied as a preventive payment to repair the damage when the defendant is subtracted to the action of justice.
In order to make such deposits effective, the executing authority shall be prevented from keeping its amount at the disposal of the court, in order for its application to be made in accordance with the provided in the preceding paragraphs of this Article.
Article 36.-When several people commit the crime, the judge will set the fine for each of the offenders, according to their participation in the criminal act and their conditions. And in terms of damage repair, the debt will be considered as joint and several.
Article 37.-Repair of the damage will be handled in the same way as the fine. Once the judgment imposing such reparation is enforceable, the court which has delivered it shall immediately forward a certified copy thereof to the competent tax authority and shall, within three days of receipt of such a certificate, copies, will initiate the economic-co-active procedure, notifying the person in whose favor it has been decreed, or its legal representative.
Article 38.-If you fail to cover pecuniary liability with the assets of the person responsible or with the proceeds of his or her work in the prison, the released inmate will remain subject to the obligation to pay the missing party.
Article 39.-The judge, taking into account the amount of the damage and the economic situation of the obligor, may set deadlines for the payment of the repair of the person, who in his not exceed one year, and may therefore require a guarantee if you consider it appropriate.
The authority to which the fine is charged may set deadlines for payment of the fine, taking into account the circumstances of the case.
Ignoring the offense, objects, and products
Article 40.-The instruments of the offense, as well as the things that are the object or product of it, will be seized if they are of prohibited use. If they are of lawful use, they will be seized when the offence is intentional. If they belong to a third party, they shall only be seized when the third party who holds them or has acquired them under any title is in any of the cases referred to in Article 400 of this Code, regardless of the the legal nature of the third party owner or holder and of the relationship between the latter and the offender, if any. The competent authorities shall immediately secure the assets which could be the subject of the confiscation, during the investigation or in the proceedings. The terms provided for in this paragraph shall be used whatever the nature of the instruments, objects or products of the offence.
If the instruments or things seized are harmful or dangerous substances, they will be destroyed in the judgment of the authority that is aware, in the terms provided by the Code of Criminal proceedings, but the latter, when deemed appropriate, may determine its conservation for the purposes of teaching or research. The competent authority shall, in respect of the instrumentalities of the offence, or matters which are the subject of or product of it, determine its purpose, in accordance with its usefulness, for the benefit of the procuratorate and impartition of Justice, or its misuse, if any, of compliance with the applicable provisions.
Article 41.-The objects or values that are available to the investigating authorities or the judicial authorities, which have not been seized and which are not collected For those who are entitled to this, within 90 calendar days, counted from the notification to the person concerned, they shall be put into public auction and the proceeds of the sale shall be applied to the person who has the right to receive it. If notified, it is not submitted within six months of the date of the notification, the proceeds of the sale will be for the improvement of the administration of justice, prior to the deductions of the expenses incurred.
In the case of goods that are available to the authority, which must not be destroyed and which cannot be preserved or are costly to maintain, they will be sold immediate public auction, and the product shall be made available to the person who is entitled to the product for a period of six months from the date of notification, after which it shall be applied to the improvement of the administration of justice.
Article 42.-The admonition consists of: in the warning that the judge directs the defendant, making him see the consequences of the crime he committed, excising the amendment and agreeing with him that a greater sanction will be imposed if he reincites.
This admonition will be made in public or private, as it seems prudent to the judge.
Perception and caution of not offending
Article 43.-The warning consists in the conmine that the judge makes to a person, when he has outlined and is afraid with foundation that he is willing to commit a new crime, either because of their attitude or threats, that in case of committing this, it will be considered as a repeat offender.
Article 44.-When the judge considers that the warning is not sufficient, the defendant shall also be required to give the defendant a failure to offend, or other appropriate security, in the judgment of the defendant himself. judge.
Suspension of rights
Article 45.-The duty suspension is two classes:
I.- Which by law ministry results from a penalty as a necessary consequence of this, and
II.- The one that is imposed by a formal statement as a penalty.
In the first case, the suspension begins and concludes with the sanction that it is a consequence.
In the second case, if the suspension is imposed with another custodial sanction, it will begin upon completion and its duration will be as stated in the judgment.
Article 46.-The prison sentence produces the suspension of political and guardianship rights, curatela, being a proxy, defender, executor, expert, depositary or financial controller. judicial, liquidator or financial controller in bankruptcy, arbitrator, arbitor or representative of absent. The suspension will begin since it causes the respective sentence to be executed and will last the entire time of the sentence.
Statement special publication
Article 47.-The special statement of the statement consists of the total or partial insertion of it, in one or two newspapers circulating in the locality. The judge will choose the papers and decide how the publication should be made.
The publication of the judgment shall be made at the expense of the offender, the offender if he so requests or the State if the judge deems it necessary.
Article 48.-The judge may at the request and at the expense of the offended order the publication of the judgment in different entity or in some other newspaper.
Article 49.-The publication of a judgment shall also be ordered for repair and at the request of the person concerned, where he is acquitted, the fact that he is not crime or he has not committed it.
Article 50.-If the offense for which the sentencing was imposed, it was committed by the press, in addition to the publication referred to in the articles prior to that, it will also be done in the newspaper used to commit the crime, with the same type of letter, same color of ink and in the same place.
Article 50 Bis.-When the judgment determines restriction of liberty or rights, or conditional suspension of the execution of the sentence, the judge will arrange for the an authority on the sentenced, who shall have the same duration as the penalty imposed.
The surveillance will consist of exercising on the sentenced observation and orientation of his conduct by specialized personnel dependent on the implementing authority, for the rehabilitation the social of the inmate and the protection of the community.
Article 51.-Within the limits set by law, the judges and courts shall apply the penalties established for each offence, taking into account the circumstances The exteriors of execution and the peculiar nature of the offender; particularly in the case of indigenous peoples, the uses and customs of the peoples and communities to which they belong shall be considered.
In the cases of Articles 60, fraction VI, 61, 63, 64, 64-Bis and 65 and in any other in which this Code provides penalties in proportion to those intended for intentional crime consummate, the applicable penalty is, for all legal purposes, the result of the increase or decrease, as appropriate, of the minimum and maximum terms of the penalty provided for that. In the case of imprisonment, the minimum sentence shall never be less than three days.
When a criminal offence is committed against any journalist, person or facility with the intention of affecting, limiting or impairing the right to information or freedom of expression or printing, up to a third of the penalty set for such a crime.
In the case above, it will increase the sentence by up to one half when the crime is committed by a public servant in the exercise of his or her duties. Women and women are involved in the commission of the crime, in accordance with the laws of the matter.
Article 52.- The judge shall determine the penalties and security measures that he considers to be fair and within the limits indicated for each crime, based on the the seriousness of the unlawful, the quality and the specific condition of the victim or the offence and the degree of guilt of the agent, taking into account:
I.- The extent of the damage caused to the legal good or the danger to which it was exposed;
II.- The nature of the action or omission and the means used to run it;
III.- The circumstances of time, place, mode, or occasion of the event performed;
IV.- The agent's form and degree of intervention in the commission of the offense;
V.- The age, education, illustration, customs, social and economic conditions of the subject, as well as the motives that drove it or determined the subject. When the processing is carried out by any indigenous people or community, their uses and customs shall be taken into account;
VI.- The defendant's subsequent behavior in relation to the offense committed; and
VII.- The other special and personal conditions in which the agent was located at the time of the commission of the offence, as long as they are relevant to determine the the possibility of having adjusted its conduct to the requirements of the standard.
Article 53.-It is not imputable to the defendant the increase in gravity coming from particular circumstances of the offended, if he ignored them unculpably in committing the offence.
Article 54.-The increase or decrease of the penalty, based on the qualities, personal relationships or subjective circumstances of the author of a crime, are not applicable to other subjects involved in the case.
Those that are merged into objective circumstances are applicable, if the other subjects are aware of them.
Article 55.-When the arrest warrant is issued against a person over 70 years of age, the judge may order the remand to be held in the Address of the index under the security measures that come according to the social representation.
They shall not enjoy this prerogative who at the discretion of the judge may subtract from the action of justice or manifest a conduct that reveals their social dangerousness, nor Those accused of the conduct provided for in the General Law to Prevent and Punish the Crimes in the Matter of Kidnapping, Regulatory of the 21st fraction of article 73 of the Political Constitution of the United Mexican States.
In any case, the judge's assessment will be based on expert opinions.
Once the executed sentence is handed down, the penalty may be replaced by a security measure, in the judgment of the judge or tribunal that imposes it on its own initiative or at the request of When the person has suffered serious consequences in his or her person, or because of his or her senility or poor health, it is notoriously unnecessary for such a sentence to be committed, with the exception of those sentenced for the intended conduct. In Article 9 of the General Law to Prevent and Punish Crimes in Matter of Kidnapping, Regulatory of the 21st fraction of article 73 of the Political Constitution of the United Mexican States, which in any case must be enforced.
In cases of senility or poor health, the judge will always rely on expert opinions.
Article 56.-When a new law enters into force between the commission of a crime and the extinction of the penalty or measure of security, it will be in the most favorable to the Charged or sentenced. The authority which is aware of the case or executing the sanction shall apply the most favourable law of its own motion. When the inmate has been sentenced to the minimum term or the maximum term of the expected penalty and the reform decreases that term, the law will be more favorable. When the subject has been sentenced to a penalty between the minimum term and the maximum term, the reduction resulting in the term arithmetic mean according to the new standard.
Article 59 Bis.-(Repeals).
Applying sanctions against culpous crimes
Article 60.-In cases of culpous crimes, up to a quarter of the penalties and security measures assigned by law to the basic type of crime will be imposed dolous, with the exception of those for which the law indicates a specific penalty. In addition, it will impose, if any, suspension for up to three years of rights to exercise profession, trade, authorization, license, or permit.
The penalties for criminal offences shall only be imposed in relation to the offences referred to in the following Articles: 150, 167, fraction VI, 169, 199 Bis, 289, part 2, 290, 291, 292, 293, 302, 307, 323, 397, 399, 414, first paragraph and third in its outcome scenario 415, fractions I and II and last paragraph in its outcome scenario 416, 420, fractions I, II, III and V, and 420 Bis, fractions I, II and IV of this Code.
When, as a result of acts or omissions, qualified as serious, which are attributable to the personnel providing their services in a railway undertaking, aeronautics, shipping or of any other federal or local public service transports, murders of two or more persons are caused, the penalty will be five to twenty years in prison, removal of employment, charge or commission and disablement to obtain others of the same nature. The same penalty shall be imposed in respect of the transport of school services.
The severity of the fault is left to the discretion of the judge, who shall take into consideration the general circumstances referred to in Article 52, and the Special features:
I.- The greater or lesser facility to predict and avoid the damage that resulted;
II.- The duty of care of the defendant who is required by the circumstances and personal conditions that the trade or activity he performs imposes on him;
III.- If the defendant has previously outlined in similar circumstances;
IV.- If you had time to work with the necessary reflection and care, and
V.- The condition of the equipment, tracks and other conditions of mechanical operation, dealing with offences committed in the services of transport companies, and in general, by vehicle drivers.
Article 61.-In the cases referred to in the first part of the first paragraph of the previous article is excepted the repair of the damage. Provided that the criminal offence corresponds to an alternative sanction that includes a non-custodial sentence, it will take advantage of that situation.
Article 62.-When due to the fault of a property damage that is not greater than the equivalent of one hundred times the minimum wage will be punished with fine up to the value the damage caused, plus the repair of the damage. The same penalty shall apply where the offence is caused by the transit of vehicles whatever the value of the damage.
When, due to the fault of the vehicle, injuries are caused, whatever the nature of the vehicle, only the offence or its legitimate representative shall be requested, provided that the driver has not been found to be drunk or under the influence of narcotic drugs, psychotropic substances or any other substance that has similar effects and has not been left to the victim.
Application of penalties in case of attempt
Article 63.-The person responsible for the punishable attempt shall be applied in the judgment of the judge and taking into consideration the provisions of Articles 12 and 52, up to two thirds parts of the sanction that should be imposed if the offence that he wanted to be completed was completed, unless otherwise provided.
In cases of attempt in which it is not possible to determine the damage that was intended to cause, when this is decisive for the correct adjustment, it will be applied until half of the penalty mentioned in the previous paragraph.
In cases of attempted punishable serious crime as well qualified by law, the judicial authority will impose a prison sentence that will not be less than the minimum penalty and will be able to reach two-thirds of the maximum penalty provided for the offence.
Application of penalties in case of contest, continued crime, complicity, recidivism and maturities error
Article 64. In the case of an ideal contest, the penalty for the crime that deserves the highest will be applied, which will be increased up to one-half of the maximum duration, without exceeding the maximum mentioned in the Second Title of the First Book, with the exception of cases where one of the offences for which there is an ideal contest is one of those referred to in the General Law to Prevent and Punish the Offences in the field of Abduction, Regulatory of the 21st fraction of Article 73 of The Political Constitution of the United Mexican States, of course in which the rules of actual competition will apply.
In the event of a real contest, the penalties provided for each of the offences committed shall be imposed, without exceeding the maximum limits specified in the Title Second of the Book First. If the penalties are imposed in the same process or in different cases, but if the facts are connected or similar, or derived from each other, the penalties must in any case be counted from the moment when the first offence was deprived of liberty.
In case of continued crime, it will be increased by one-half to two-thirds of the penalty that the law provides for the crime committed, without exceeding the maximum stated in the Second Book Title First.
Article 64 Bis.-In the cases provided for in Article 13, fractions VI, VII and VIII, up to three-quarters of that corresponding to the crime of in the case and, where appropriate, in accordance with the respective modality.
Article 65.-The recidivism referred to in Article 20 shall be taken into account for the judicial individualization of the penalty, as well as for the granting of the the benefits or the criminal substitutes provided by the law.
In case the defendant for any criminal offence qualified by the law as serious, was repeated for two occasions for crimes of that nature, the sanction that corresponds to the new offence committed shall be increased by two thirds and up to one more than the maximum penalty provided for in this offence, without exceeding the maximum penalty specified in the Second Title of the First Book.
Article 66.-If the error referred to in Article 15 (VIII) (a) is due, the punishment of the offence shall be imposed if the act of This form of realization is accepted. If the error due is provided for in subparagraph (b) of that fraction, the penalty shall be up to one third of the offence concerned.
Treatment of unimputable and those who have the habit or need to consume narcotic drugs or psychotropic drugs, in detention or at liberty
Article 67.-In the case of the unimpeachable, the judge shall have the applicable treatment measure in detention or at liberty, prior to the corresponding procedure.
If this is an internment, the inimputable subject will be admitted to the institution concerned for treatment.
In case the sentenced person has the habit or the need to consume narcotic drugs or psychotropic drugs, the judge will also order the appropriate treatment by the authority. competent health or other medical service under the supervision of the health care provider, regardless of the execution of the penalty imposed for the offence committed.
Article 68.-Unimputable persons may be handed over by the judicial or implementing authority, where appropriate, to whom it is legally appropriate to take care of them, always they are obliged to take appropriate measures for their treatment and surveillance, ensuring, by any means and to the satisfaction of the aforementioned authorities, that the obligations are met.
The executing authority may decide on the modification or conclusion of the measure, provisionally or definitively, considering the needs of the treatment, which are accredit through periodic reviews, with the frequency and characteristics of the case.
Article 69.-In no case shall the treatment measure imposed by the criminal judge exceed the duration corresponding to the maximum of the penalty applicable to the offence. If this time is concluded, the executing authority considers that the subject continues to need the treatment, making it available to the health authorities to proceed according to the applicable laws.
Article 69 Bis.-If the author's ability to understand the illegal character of the fact or to determine according to that understanding is only diminished by the causes identified in section VII of Article 15 of this Code, in the judgment of the judgment, as appropriate, shall be imposed up to two thirds of the penalty which would correspond to the offence committed, or the security measure referred to in Article 67 or either, if necessary, taking into account the degree of affectation of the imputability of the author.
Substitution and penalty switching
Article 70.-The prison may be replaced, in the judgment of the judge, by appreciating the provisions of Articles 51 and 52 in the following terms:
I. For work in favour of the community or semi-freedom, where the penalty imposed does not exceed four years;
II. For treatment at liberty, if the prison does not exceed three years, or
III. For fine, if the prison does not exceed two years.
The substitution may not be applied to those who have previously been convicted in the execution of a criminal offence that is being pursued on their own initiative. Nor shall it be applied to whoever is convicted of any offence of those referred to in Article 85 (I) of this Code.
Article 71.-The judge will leave the substitution without effect and order the sentence of imprisonment imposed, when the sentenced is not satisfied with the conditions attached to it. For this purpose, unless the judge considers it appropriate to warn him that if the new fault is to be incurred, the replacement sanction shall be effective or if the sentenced person is convicted of another offence. If the new offence is culpable, the judge will decide whether to apply the substituted penalty.
In the event of the replacement of the sentence, the time during which the prisoner's sentence would have been served shall be taken into account.
Article 72.-If you have appointed a guarantor to perform the duties inherent in the substitution of sanctions, the obligation of the latter shall be terminated upon termination of the penalty imposed. Where the guarantor has reasonable grounds for not continuing his performance, he shall expose them to the judge, so that he, if he considers them to be fair, prevent the sentenced person from presenting a new guarantor within the time limit which he shall prudently fix, that the sanction will be effective if it does not. In the event of death or insolvency of the guarantor, the sentenced person shall bring the fact to the attention of the judge, for the purpose and under the warning set out in the preceding paragraph, in the terms of Article 90 (VI).
Article 73.-The Executive, dealing with political crimes, will be able to make the commutation of sanctions, after it has been imposed in irrevocable judgment, according to the following rules:
I.- When the penalty imposed is that of imprisonment, it will be commuted to confinement for a term equal to the two-thirds of which the prison was to last, and
II.- If the confinement is the one, it shall be commuted to a fine, at the rate of one day of the fine.
Article 74.-The inmate who considers that the judgment was given meeting the conditions for the enjoyment of the replacement or commutation of the sanction and that he/she is inwarning of his/her the party or the judge has not been granted, may promote before it is granted, opening the respective incident in the terms of the X fraction of Article 90.
In any case where the substitution or the commutation of the penalty is applicable, when the calculation of the replacement sanction is calculated, it will be reduced in addition to what is established in the last paragraph of the Article 29 of this Code, the time during which the sentenced was held in pre-trial detention.
Article 75.-When the inmate fully accredits that he cannot fulfill any of the modalities of the penalty that was imposed on him for being incompatible with his age, sex, health, or Physical constitution, the Directorate-General for Coordinated Services for Prevention and Social Readaptation may amend that, provided that the amendment is not essential.
Article 76.-For the provenance of substitution and commutation, the defendant shall be required to repair the damage or the warranty which the judge points out to ensure his payment, in the time to be fixed.
Running the statements
Article 77.-The Federal Executive is responsible for the execution of the sanctions with consultation of the technical body that points to the law.
Prisoners ' work
Preparatory and retention freedom
Article 84.-Preparatory freedom shall be granted to the sentenced person, subject to the report referred to in the Criminal Procedure Code, which has been completed by three fifths of his conviction, if it is intentional offences, or half of it in the case of imprudent offences, as long as it complies with the following requirements:
I.- That you have observed good behavior during the execution of your statement;
II.- That the examination of his/her personality is presumed to be socially ready-made and in a position not to return to delinquiring, and
III.- That you have repaired or commit to repairing the damage caused, by holding the shape, measures, and terms that you are set for that object, if you cannot cover it from the later.
Fill in the above requirements, the competent authority shall have a period of not more than 30 working days to grant the (a) preparatory freedom or, where appropriate, inform the person concerned of the outcome of his or her processing, such preparatory freedom shall be subject to the following conditions:
a).- Reside or, if applicable, not reside in any particular place, and report to the authority of the changes of its domicile. The designation of the place of residence shall be reconciled with the fact that the inmate can provide work in the place to be fixed, with the fact that his stay in him is not an obstacle to his amendment;
b).- To perform within the time limit that the resolution determines, trade, art, industry or legal profession, if it does not have its own means of subsistence;
c).- Refrain from the abuse of intoxicating beverages and the use of narcotic drugs, psychotropic substances or substances that produce similar effects, except by medical prescription;
d).- To be subject to the guidance and supervision measures that are given to him and to the vigilance of some honest and rooted person, who will be obliged to report on his or her conduct, presenting it whenever necessary.
Article 85. No preparatory freedom will be granted to:
I. Those sentenced for one of the offences provided for in this Code are stated below:
a) Illicit use of air traffic facilities provided for in the third paragraph of Article 172a;
b) Against health, provided for in Article 194, except in the case of individuals with obvious cultural backwardness, social isolation and extreme economic need; and for the mode of transportation, if they comply with the requirements laid down in Articles 84 and 90 (part I) (c), for which they shall be primary offenders, in spite of not being in the three cases referred to in the general exception of this paragraph;
c) Corruption of persons under eighteen years of age or persons who have no capacity to understand the meaning of the fact or persons who have no capacity to resist it 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 the fact or persons who are not capable of resisting it, provided for in Article 203 and 203 bis; Lenocynium of persons under the age of 18 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; Pederastia provided for in Article 209 Bis;
d) Violation, provided for in Articles 265, 266 and 266 bis;
e) Homicide, provided for in Articles 315, 315 Bis and 320; and femicide provided for in Article 325;
f) Child traffic, provided for in Article 366 Ter.
g) Marketing of stolen objects, provided for in Article 368;
h) Vehicle theft, provided for in Article 376 a;
i) Robbery, provided for in Articles 371, last paragraph; 372; 381, fractions VII, VIII, IX, X, XI and XV; and 381 Bis;
j) Operations with resources of illicit origin provided for in Article 400 Bis;
k) Those provided for and sanctioned in Articles 112 Bis, 112 Ter, 112 Quater and 112 Quintus of the Credit Institutions Act, when the comet is part of an association, gang or gang in the terms of Article 164, or 164 Bis, or
l) Those provided for and sanctioned in Articles 432, 433, 434 and 435 of the General Law of Titles and Credit Operations, when the comet is part of an association, gang or gang in the terms of Article 164 or 164 Bis.
II. Crimes in Matter of Trafficking in Persons contained 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 to Victims of these Crimes;
III. Those who incur a second recidivism of intentional crime or are considered habitual offenders.
IV. Those sentenced for the conduct provided for in the General Law to Prevent and Punish Crimes in the Matter of Kidnapping, Regulatory of the 21st Fraction of Article 73 of the Political Constitution of the United States Mexicans, except those provided for in Articles 9, 10, 11, 17 and 18.
Dealing with the offences included in the Title Tenth of this Code, the preparatory freedom shall be granted only when the repair of the damage to which it is Article 30 (III) refers to or is granted to ensure that it is guaranteed.
Article 86.-The competent authority will revoke the preparatory freedom when:
I. The released unreasonably fails with the conditions imposed to grant the benefit. The authority may, in the event of a first non-compliance, admonish the sentenced person and warn him of revoking the benefit in the event of a second non-compliance. Where the release infringes measures that establish frequent presentations for treatment, the revocation shall only proceed to the third non-compliance, or
II. The released person will be convicted of a new criminal offence, by means of an enforceable sentence, in which case the revocation will operate on its own initiative. If the new offence is culpable, the authority may, on the basis of the seriousness of the event, be able to revoke or maintain the preparatory freedom.
The convicted person whose high school freedom is to be revoked must serve the remainder of the sentence in prison, for which the authority will consider the time to be released. The facts originating from the new processes referred to in the section II of this article interrupt the deadlines for the penalty to be extinguished.
Article 87.- Those sentenced who enjoy high school freedom, granted by the judicial authority, will remain under the care and supervision of the Authority Administrative Disconcentrated Prevention and Social Readaptation, from the Secretariat of Public Security and those authorities involved in the execution of sentences, with the help of the Federal Preventive Police.
Article 90.-Granting and enjoying the benefits of conditional conviction, will be subject to the following rules:
I.- The judge or tribunal, where appropriate, in the sentencing of the sentence or in the hypothesis establishing the X fraction of this article, will strongly suspend the execution of the penalties, at the request of either party or office, if these conditions are met:
a).- That the conviction relates to a prison term that does not exceed four years;
b) That the sentenced person is not a repeat offender, has evidenced good conduct before and after the punishable act and that the conviction does not refer to any of the offences referred to in Article 85 (I) of this Code, and
c) That because of his or her personal history or honest way of living, as well as the nature, modalities and motives of the crime, the sentenced person is presumed not to return to Inquire.
II.- To enjoy this benefit the sentenced person must:
a).- Grant the warranty or subject to the measures set out to it, to ensure its filing with the authority whenever required;
b).- Required to reside in a particular place where you cannot be absent without permission from the authority exercising over care and supervision;
c).- To perform within the period to be fixed, profession, art, trade or lawful occupation;
d).- Refrain from the abuse of intoxicating beverages and the use of narcotic drugs, or other substances that produce similar effects, except by medical prescription; and
e).- Repair the damage caused.
When, for your personal circumstances, you cannot, of course, repair the damage caused, you will be cautious or subject to the measures that the judge or tribunal will consider to be sufficient to ensure that it will comply with this obligation within the time limit.
III.- The suspension will comprise the prison sentence and the fine, and as for the other penalties imposed, the judge or tribunal will resolve discretionally according to the circumstances of the case.
IV.- The offenders to whom the execution of the sentence has been suspended will be made aware of the provisions of this article, which will be settled in formal diligence, without the absence of such a failure, where appropriate, to prevent the application of the prevented therein.
V.- Those sentenced who enjoy the benefits of the conditional conviction will be subject to the care and supervision of the Directorate General of Coordinated Services of Prevention and Social Readaptation.
VI.- Should you have appointed a guarantor for the fulfilment of the obligations under this Article, the obligation of that article shall end six months later the term referred to in section VII has elapsed, provided that the offender does not give rise to a new process or where in the latter a judgment is given. Where the guarantor has reasonable grounds for not continuing to carry out the duties, he shall expose them to the judge in order to ensure that he, if he considers them to be fair, prevent the sentenced person from presenting a new guarantor within the time limit which he shall prudently set, that the sanction will be effective if it does not verify it. In the event of the death or insolvency of the guarantor, the sentenced person shall be obliged to bring the fact to the attention of the judge for the purpose and under the warning expressed in the preceding paragraph.
VII.- If during the term of the term of the sentence, from the date of the sentence that causes the sentence, the sentenced person shall not be given a new criminal offence that concludes with a conviction, the penalty laid down in that judgment shall be deemed to be extinguished. Otherwise, the first sentence shall be effective, in addition to the second sentence, in which the inmate shall be consigned as a repeat offender without prejudice to the provisions of Article 20 of this Code. In the case of culpable crime, the competent authority shall decide on a reasoned basis whether or not the suspended penalty should be applied;
VIII.- The facts originating in the new process interrupt the term referred to in fraction VII whether it is the crime or the fault, until it is handed down. firm statement;
IX.- In the event of failure to comply with the obligations of the sentenced person, the judge may make the suspended or suspended sanction effective, with the warning of which, if any of the conditions laid down again, will become effective.
X.- The inmate who considers that the judgment was given meets the conditions set in this precept and that he is in an aptitude to meet the other requirements that are set, if by warning from his party or the courts that he did not obtain in the judgment the granting of the conditional sentence, he may promote that he is granted, opening the respective incident before the judge of the cause.
Transparency in the benefits of early release or conditional conviction
Article 90 Bis.- The Administrative Organ Disconcentrated Prevention and Social Readaptation, of the Secretariat of Public Safety and those authorities that participate in the execution stage of judgments shall send a report to the National Public Security System on a regular basis, specifying the number of sentenced to be served in the federal order, the penalties imposed, the number of files benefits with early release or conditional conviction, and the number of shares in the authority to monitor its proper execution.
Extinction of Criminal Responsibility
Death of the offender
Article 91.-The death of the offender extinguishes the criminal action, as well as the penalties that have been imposed on him, except for the repair of the damage, and the confiscation of the instruments with which the offence was committed and the things which are the effect or object of the offence.
Article 92.-The amnesty extinguishes the criminal action and the sanctions imposed, except the repair of the damage, in the terms of the law that will be given to it, and if it does not express, it is understood that the criminal action and the sanctions imposed are extinguished with all its effects, in relation to all those responsible for the crime.
Offended or legitimized to grant it
Article 93. Forgiveness of the offended or the legitimized to grant it can only be granted when the entire damages and damages have been repaired. by the commission of the offence, the criminal action is extinguished with respect to the offences pursued by complaint, provided that it is granted to the Public Ministry if it has not exercised the same or before the court before it is given Second instance statement. Once the pardon has been granted, it cannot be revoked.
The provisions of the preceding paragraph are equally applicable to crimes which can only be pursued by a declaratory of injury or by any other act equivalent to the complaint, sufficient for the extinction of the criminal action the manifestation of who is authorized for it that the affected interest has been satisfied.
When several offended and each can exercise separately the power to forgive the person responsible for the crime and the concealer, the pardon will only take effect for what it does. to who grants it.
The pardon only benefits the defendant in whose favor it is granted, unless the offended or the legitimized to grant it, has obtained the satisfaction of its interests or rights, case in which it will benefit all the accused and the concealer.
Recognition of innocence and pardon
Article 94.-Pardon cannot be granted, but penalty imposed on irrevocable judgment.
Article 95.-It shall not be granted for the disqualification to pursue a profession or any of the civil or political rights, or to perform a particular job or employment, as These sanctions will only be extinguished by amnesty or rehabilitation.
Article 96.-When it appears that the sentenced person is innocent, the recognition of his innocence will be carried out in the terms provided by the Criminal Procedure Code. applicable and shall be subject to the provisions of Article 49 of this Code.
Article 97.-When the conduct observed by the sentenced man reflects a high degree of social rehabilitation and his release does not represent a danger to peace and public security, in accordance with the opinion of the executing organ of the sanction and not be sentenced for treason to the Homeland, espionage, terrorism, sabotage, genocide, crimes against health, rape, intentional crime against life and abduction, or repeat of intentional offence, may be granted pardon by the Federal Executive, in use of discretionary powers, expressing their reasons and fundamentals in the following cases:
I.- For political crimes referred to in Article 144 of this Code;
II.- For other crimes when the conduct of the perpetrators has been determined by political or social motivations, and
III.- For federal or common-order crimes in the Federal District, when the sentenced person has provided important services to the Nation, and upon request.
Article 97 Bis.- Exceptionally, on its own, or at the request of the plenary of any of the Chambers of the Congress of the Union, the President of the Federal Executive Branch may grant the pardon, for any offence of the federal or common order in the Federal District, and after obtaining the opinion of the executing organ of the sanction in which it is shown that the sentenced person does not represent a danger to the tranquility and security public, expressing their reasons and fundamentals, when there are indications consistent with serious violations of the human rights of the sentenced person.
The Federal Executive must ensure that the sentenced person has previously exhausted all national legal remedies.
Article 98.-The pardon in no case will extinguish the obligation to repair the damage caused. Recognition of the innocence of the sentenced person extinguishes the obligation to repair the damage.
Article 99.-Rehabilitation is intended to reintegrate the convicted civil, political or family member who had lost by virtue of a sentence given in a process or in whose exercise it is suspended.
Article 100.-By the prescription, criminal action and penalties are extinguished, according to the following articles.
Article 101.-The prescription is personal and for it the simple passage of time indicated by the law will suffice.
The time limits for the prescription will be doubled with respect to those outside the national territory, if this is not possible to integrate a previous investigation, shut down a process or execute a penalty.
The prescription will produce its effect, even if it does not claim it as an exception. The judges will make up for it in any case, as soon as they have knowledge of it, whatever the state of the process.
Article 102.-The time limits for the prescription of the criminal action will be continuous; they will be considered the crime with its modalities, and will be counted:
I.- From the time the offense was consumed, if it was instant;
II.- From the day on which the last act of execution was performed or the due conduct was omitted, if the offence is in the degree of intent;
III.- From the day the last conduct was performed, dealing with continued crime; and
IV.- From cessation of consummation in permanent crime.
Article 103.-The time limits for the prescription of the penalties shall be equally continuous and shall run from the day following that in which the sentenced person is subtracted from the action of justice, if the sanctions are privative or restrictive of the freedom, and if they are not, from the date of the execution sentence.
Article 104.-Criminal action prescribes within a year, if the offence only deserves a fine; if the offence deserves, in addition to this sanction, custodial or alternative punishment, shall be subject to the prescription of the action to pursue the custodial sentence; the same shall be observed where it is appropriate to impose any other ancillary sanction.
Article 105.-The criminal action shall prescribe within a period equal to the arithmetic mean term of the custodial sentence of the law for the offence concerned, but in no case shall be less than three years.
Article 106.-The criminal action will be prescribed in two years, if the offence only merits removal, suspension, deprivation of law or disqualification, except as provided for in other rules.
Article 107.-When the law does not prevent otherwise, the criminal action that is born of a crime that can only be pursued by the offense of the offended or some other equivalent act, prescribe in one year, counted from the day on which those who can formulate the complaint or the equivalent act, have knowledge of the crime and the offender, and in three, out of this circumstance.
But once the procedural requirement has been filled within the aforementioned time limit, the prescription will continue to run according to the rules for the crimes of trade.
Article 107 Bis.- The term of limitation of the offences provided for in Title Eighth of the Second Book of this Code committed against a minor victim age, start to run from the age of the majority of the age.
In the case of people who do not have the capacity to understand the meaning of the fact or people who do not have the capacity to resist it, it will be the time when there is evidence of the commission of such crimes before the Public Ministry.
In cases of crimes against freedom and normal psychosexual development, as well as those provided for in the Law to Prevent and Punish Trafficking in Persons, which have been committed against a person under eighteen years of age, the rules for prescribing the criminal action contained in this chapter will be observed, but the beginning of the computation of the deadlines will start from the day the The victim is age-majority.
Article 108.-In the case of a crime contest, the criminal actions that result from them will be prescribed when you prescribe the crime that deserves greater punishment.
Article 109.-When to exercise or continue criminal action a prior judgment of judicial authority is necessary, the prescription will begin to run since dictate the irrevocable statement.
Article 110.-The prescription of the actions will be interrupted by the actions that are practiced in the investigation of the crime and the criminals, although to ignore those who These are not to be practiced against a given person.
If you stop acting, the prescription will start running again from the day after the last due diligence.
The prescription of the actions will also be interrupted by the request for assistance in the investigation of the crime or the offender, due to the actions that are carried out for to obtain international extradition, and for the order of delivery of the defendant who formally makes the Public Ministry of a federative entity to that of another where the one takes refuge, is located or is detained by himself or by another crime. In the first case, it will also cause the interruption of the actions that practice the requested authority and in the second the interruption until as long as the requested authority denies the delivery or in so far the legal situation of the stopped, which gives reason for the postponement of your delivery.
The interruption of the prescription of criminal action may only extend by up to one half the time limits specified in Articles 105, 106 and 107 of this Code.
Article 111.-The preemptions contained in the first two paragraphs and in the first case of the third paragraph of the previous article, will not operate when the actions are practice after the half of the time required for the prescription has elapsed.
The term that Article 107 sets is excepted from the previous rule to satisfy the complaint or other equivalent requirement.
Article 112.-If, in order to deduct a criminal action, the law requires the prior declaration or resolution of any authority, the steps to be taken before the end of the term stated in the preceding article, they will interrupt the prescription.
Article 113.-Unless otherwise provided by law, the custodial sentence will be prescribed in a time equal to that set in the sentence and a quarter more, but may not be less than three years; the penalty of fine shall be prescribed in one year; the other penalties shall be prescribed within a period of time equal to that which should last and a quarter more, without which it may be less than two years; those which do not have temporality shall be prescribed in two years. The time limits shall be counted from the date on which the decision is enforceable.
Article 114.-When the inmate has already extinguished a portion of his sanction, it will be necessary for the prescription as long as the sentence is missing and a quarter more, but may not be less than one year.
Article 115.-The prescription of the custodial penalty is only interrupted by apprehending the inmate, even if the apprehension is executed for another crime, or for the a formal request for delivery which the Public Ministry of a federative entity does to the other in which it is held, in which case the interruption until as long as the requested authority denies such surrender or the the legal status of the detainee to cause the request to be deferred.
The prescription of other sanctions shall be interrupted by any act of competent authority to make them effective. The limitation of the penalty for the repair of the damage or of other pecuniary character shall also be interrupted by the promotions which the offence or person in whose favour the repair has been ordered made before the relevant tax authority and by the actions that that authority carries out to execute them, as well as the commencement of the executive judgment before the civil authority, using the corresponding sentence as the title.
Compliance with the penalty or measure of security
Article 116.-The penalty and the security measure are extinguished, with all its effects, by compliance with those or the sanctions for which they were replaced or commuted. Likewise, the penalty that has been suspended shall be extinguished by the fulfilment of the requirements laid down in the award, in the terms and within the legally applicable time limits.
Vigency and application of a new, more favorable law
Article 117.-The law that suppresses the criminal type or modifies it, extinguishes in its case, the criminal action or the corresponding sanction, in accordance with the provisions of Article 56.
The existence of a previous statement dictated in process followed by the same facts
Article 118.-No one can be tried twice for the same crime, whether in the trial he is acquitted or convicted. Where a judgment has been given in proceedings and where there is another case in relation to the same person and for the same facts as the same person, the second process shall be terminated by means of a decision which shall be of its own motion. knowing. If there are two judgments on the same facts, the effects of the second sentence will be extinguished.
Extinction of unimputable treatment measures
Article 118-Bis.-When the unimpeachable subject to a treatment measure is found to be at large and subsequently detained, the execution of the treatment measure is shall be deemed to be extinguished if it is established that the personal conditions of the subject are no longer those which have led to its imposition.
Crimes Against Nation Security
Betrayal to the Homeland
Article 123.-The prison sentence of five to forty years will be imposed and fines of up to fifty thousand pesos will be imposed on the Mexican who commits treason to the homeland in any of the forms. following:
I.- Perform acts against the independence, sovereignty, or integrity of the Mexican Nation for the purpose of submitting it to a foreign person, group or government;
II.- Take part in acts of hostility against the Nation, through war actions on the orders of a foreign State or cooperate with it in any way it can Harm to Mexico.
When nationals serve as troops, one-to nine-year prison term and fine of up to ten thousand pesos will be imposed;
It will be considered in the case provided for in the first paragraph of this fraction, which illegally deprives a person in the national territory of their freedom to give them to the authorities from another country or move it out of Mexico for such purpose.
III.- Forme part of armed groups directed or advised by foreigners; organized inside or outside the country, when they are intended to attack the independence of the Republic, its sovereignty, its freedom or its territorial integrity or to invade the national territory, even if there is no declaration of war;
IV.- Destroy or dolously remove the signals that mark the boundaries of the national territory, or cause them to be confused, provided that it causes conflict to the Republic, or is In a state of war;
V.- Reclute people to wage war on Mexico, with aid or under the protection of a foreign government;
VI.- Have, in times of peace or war, relationship or intelligence with foreign person, group or government or instructions, information or advice, in order to guide a possible invasion of the national territory or to alter internal peace;
VII.- Provide dolously and without authorization, in times of peace or war, to foreign persons, groups or government, documents, instructions or data of establishments or of possible military activities;
VIII.- Hide or assist who commits acts of espionage, knowing that it performs them;
IX.- Provide a foreign state or foreign-led armed groups, human or material elements to invade the national territory, or facilitate their entry to military posts or to deliver or deliver combat units or warehouses of the mouth or war or prevent Mexican troops from receiving such aid;
X.- Request the intervention or establishment of a protectorate of a foreign State or request that the person make the war to Mexico; if the requested is not done, the prison will be four to eight years and fine up to ten thousand pesos;
XI.- Invite individuals from another State to make weapons against Mexico or to invade the national territory, whatever the reason it is taken; if any of the These facts will apply the penalty of four to eight years imprisonment and fine up to ten thousand pesos;
XII.- Try to alienate or tax the national territory or contribute to its dismemberment;
XIII.- Receive any benefit, or accept promise to receive it, in order to perform any of the acts mentioned in this article;
XIV.- Accept the invader a job, charge or commission and dictate, agree or vote providences aimed at asserting the intruder government and weakening the national; and
XV.- Comet, declared war or broken hostilities, sedition, mutiny, rebellion, terrorism, sabotage or conspiracy.
Article 124.-The prison sentence of five to twenty years and fine of up to twenty-five thousand pesos will be applied to the Mexican who:
I.- Without complying with the constitutional provisions, celebrate or execute treaties or pacts of offensive alliance with any State, which produce or can produce the war of Mexico with another, or admit foreign troops or units of war in the country;
II.- In case of a foreign invasion, contribute to the fact that in the places occupied by the enemy a government is established in fact, either giving its vote, attending together, signing minutes or representations or by any other means;
III.- Accepts the invader for a job, office or commission, or to whom, in the occupied place, having obtained it in a legitimate manner, to do so in favor of the invader; and
IV.- With acts not authorized or approved by the government, provoke a foreign war with Mexico, or expose Mexicans to suffer for this, vexation or retaliation.
Article 125.-The sentence of two to twelve years of imprisonment and a fine of 1,000 to twenty thousand pesos will be applied to the people who recognize the government imposed by the invader or to accept a foreign invasion or protectorate.
Article 126.-The same penalties shall apply to foreigners who intervene in the commission of the crimes referred to in this Chapter, with the exception of those provided for in the Sections VI and VII of Article 123.
Article 127.-The prison sentence of five to twenty years and fine of up to fifty thousand pesos will be applied abroad in time of peace, in order to guide a possible invasion of the national territory or to alter inner peace, have relationship or intelligence with foreign person, group or government or give you instructions, information or advice.
The same penalty will be imposed abroad that in peacetime provides, without authorization to foreign person, group or government, documents, instructions, or any data of establishments or possible military activities.
The prison sentence of five to forty years will be applied and fines of up to fifty thousand pesos abroad that, declared war or broken the hostilities against Mexico, will have a relationship or intelligence with the enemy or provide you with information, instructions or documents or any assistance that in any way damages or could harm the Mexican Nation.
Article 128.-The prison sentence of five to twenty years and a fine of up to fifty thousand pesos will be applied to the Mexican who, having documents or information in his possession "confidential" from a foreign government, disclose them to another government, if it does harm the Mexican nation.
Article 129.-It will impose the penalty of six months to five years in prison and fine up to five thousand pesos to which having knowledge of the activities of a spy and his identity, do not let the authorities know.
Article 130.-The sentence of six months to eight years imprisonment and fine of up to ten thousand pesos, to which in a tumultuous form without the use of arms, resist or attack the the authority to prevent the free exercise of its functions with one of the purposes referred to in Article 132.
To those who direct, organize, incite, compellate or financially sponsor others to commit the crime of sedition, they will be given the penalty of five to fifteen years in prison and fine up to twenty thousand pesos.
Article 131.-The sentence of six months to seven years imprisonment and fine of up to five thousand pesos, to whom to make use of a right or pretexting his or her exercise or to to prevent the enforcement of a law, to meet in a tumultuous manner and to disrupt public order with the use of violence in persons or things, or to threaten the authority to intimidate or force it to make any determination.
To those who lead, organize, incite, compellate or financially sponsor others to commit the crime of mutiny, they will be charged two to ten years in prison and fine until of fifteen thousand pesos.
Article 132.-The penalty of two to twenty years of imprisonment and fine of five thousand to fifty thousand pesos will be applied to those who, not being military in exercise, with violence and use of weapons try to:
I.- Abolish or Reform the Political Constitution of the United Mexican States;
II.- Reforming, destroying or preventing the integration of the constitutional institutions of the Federation, or their free exercise; and
III.- Seating or preventing the performance of his office from any of the senior officials of the Federation referred to in Article 2o. of the Law of Responsibilities of the Officials and Employees of the Federation, the Federal District and the Senior Officials of the States.
Article 133.-The penalties referred to in the previous article shall apply to the one residing in the territory occupied by the Federal Government, and without any physical or moral coercion, provide the rebels, arms, ammunition, money, food, transport or communication facilities or prevent government troops from receiving these aid. If you reside in rebel-occupied territory, the prison will be six months to five years.
To the public official or employee of the Federal or State Governments, or of the Municipalities, of decentralized public bodies, of enterprises of state participation, or of services public, federal, or local, which, by reason of their position documents or reports of strategic interest, provides them to the rebels, will be charged with five to forty years of imprisonment and fine of five thousand to fifty thousand pesos.
Article 134.-The penalty of two to twenty years of imprisonment and fine of five thousand to fifty thousand pesos will be applied to those who, not being military in exercise, with violence and use of weapons, they attack the Government of any of the States of the Federation, against their constitutional institutions or to achieve the separation of their position from one of the high officials of the State, when intervening the Powers of the Union the form prescribed by Article 122 of the Political Constitution of the United States Mexicans, the rebels don't lay down their arms.
Article 135.-The penalty of one to twenty years of imprisonment and fine will be applied up to fifty thousand pesos to which:
I.- In any form or by any means invite a rebellion;
II.- Residing in Government-occupied territory:
a) Hide or assist the rebels ' spies or scouts, knowing they are;
b) Maintain relations with the rebels, to provide news concerning military or other operations that are useful to them.
III.- Volunteer to serve as a job, position or commission instead of the rebels, unless acting coerced or for humanitarian reasons.
Article 136.-Government officials or agents and rebels who, after the fight, directly or through orders, death to prisoners, are given Fifteen to thirty years prison sentence and fine of ten thousand to twenty thousand pesos.
Article 137.-When during a rebellion the crimes of homicide, robbery, kidnapping, dispossession, fire, looting or other crimes are committed, the rules of the contest.
The rebels will not be responsible for the killings or the injuries inflicted on the act of a combat, but of those that are caused outside it, they will be responsible so much that the command as the one that allows them and those that immediately execute them.
Article 138.-It will not apply to those who lay down the weapons before being taken prisoner, if they have not committed any of the crimes mentioned in the article previous.
Article 139.- A prison sentence of fifteen to forty years and four hundred to a thousand two hundred days will be imposed, without prejudice to the penalties that correspond to other crimes that result:
I. A who using toxic substances, chemical, biological or similar weapons, radioactive material, nuclear material, nuclear fuel, radioactive mineral, radiation source or instruments emitting radiation, explosives, or weapons fire, or fire, flood or any other violent means, intentionally carry out acts against goods or services, whether public or private, or against the physical, emotional, or life of persons, who produce alarm, fear or terror in the population or in a group or sector of it, to attack the national security or pressure the authority or a particular, or force it to make a determination.
II. To whom it agrees or prepares a terrorist act intended to be committed, committed or committed on national territory.
The penalties referred to in the first paragraph of this article will be increased by one half, when in addition:
I. The offence is committed against a public good property;
II. A damage or injury to the national economy is generated, or
III. In the commission of the crime, a person is detained as a hostage.
Article 139 Bis.- It will apply a penalty of one to nine years in prison and one hundred to three hundred days fine, to whom it covers a terrorist, having knowledge of their activities or their identity.
Article 139 Ter.- Five to fifteen years ' imprisonment will be applied and two hundred to six hundred days fine to the one that threatens to commit the crime of terrorism to referred to in the first paragraph of Article 139.
CHAPTER VI BIS
From Financing to Terrorism
Article 139 Quater.- The same penalty as set out in Article 139 of this Code shall be imposed, without prejudice to the penalties corresponding to the other offences they are, by any means, either directly or indirectly, contributing or raising economic funds or resources of any kind, with knowledge that they will be used to finance or support the activities of individuals or terrorist organisations, or to be used, or intended to be used, directly or indirectly, in whole or in part, for the commission, on national or foreign territory, of any of the offences provided for in the following legal orders:
I. The Federal Criminal Code, the following:
1) Terrorism, as provided for in Articles 139, 139 Bis and 139 Ter;
2) Sabotage, provided for in Article 140;
3) International Terrorism, provided for in Articles 148 Bis, 148 Ter and 148 Quater;
4) Attacks on the communication routes, as provided for in Articles 167, IX and 170, first paragraphs, second and third, and
5) Robo, provided for in article 368 Quinquies.
II. Of the Law declaring Mining Reserves the Uranium Deposits, Thorium and the other Substances of which are obtained Slit Isotopes that can produce Nuclear Energy, those provided for in Articles 10 and 13.
Article 139 Quinquies.-It will apply from one to nine years in prison and from one hundred to three hundred days fine, to whom it covers a person who has participated in the offences provided for in Article 139 Quater of this Code.
Article 140.-Penalty of two to twenty years of imprisonment and fine of one thousand to fifty thousand pesos, to which it damages, destroys, impairs or illicitly hinders ways communication, public services, functions of State agencies, decentralised public bodies, State-owned enterprises, autonomous constitutional bodies or their facilities; iron and steel plants, electricity or basic industries; production or distribution centres of necessary items of consumption of weapons, ammunition or military implements, in order to disrupt the economic life of the country or to affect its defense capacity.
It will be worth six months to five years in prison and fine up to five thousand pesos, to which, having knowledge of the activities of a saboteur and his identity, do not do so. know the authorities.
Article 141.-One to nine years of imprisonment and fine of up to ten thousand pesos will be imposed on those who resolve to commit one or more of the crimes of the present Title and agree on means to carry out your determination.
Common Provisions for Chapters in this Title
Article 142.-To which you instigate, incite or invite the execution of the offences provided for in this Title you shall be subject to the same penalty as indicated for the offence in question, derogation from the provisions of the second paragraph of Article 130, the second paragraph of Article 131 and Article 135 (I), which retain their specific penalty.
At the instigation, incite or invite to the military in exercise, to the execution of the crimes referred to in this Title, it will be applied sentence of five to forty years of prison, with the exception of the crime of terrorism, whose sentence will be eight to forty years in prison and five hundred to one hundred and fifty days fine.
Article 143.-When the commission of the crimes referred to in this Title results in other crimes, the rules of the contest will be included.
In addition to the penalties mentioned in this Title, those responsible will be charged if they are Mexican, the suspension of their political rights for up to ten years, which will be (a) shall be taken into account. In the offences referred to in Chapters I and II of this Title, the suspension of such duties shall be imposed for up to 40 years.
Article 144.-Political crimes of rebellion, sedition, mutiny and conspiracy are considered to be crimes of a political nature.
Article 145.- Five to forty years in prison and one hundred and twenty to one hundred and fifty days fine, the official or employee of the governments Federal or State, or the Municipalities, decentralized public bodies, state participation companies or public, federal or local services, or autonomous constitutional bodies, which incur any of the crimes envisaged for this Title, with the exception of the offence of terrorism, the penalty of which shall be nine to forty-five years in prison and five hundred to one thousand hundred and fifty days fine.
CRIMES AGAINST INTERNATIONAL LAW
Article 146.-They will be considered pirates:
I.- Those who, belonging to the crew of a Mexican merchant ship, of another nation, or without nationality, are holding an armed vessel, or committing depredations in she or they do violence to the people on board;
II.- Those who, going on board a vessel, take over it and voluntarily surrender it to a pirate, and
III.- Corsairs who, in case of war between two or more nations, make the course without a mark or patent of any of them, or with a patent of two or more belligerents, or with one of them, but practicing acts of predation against ships of the Republic or of another nation to harass to which they are not authorized. These provisions shall also apply in the case of aircraft.
Article 147.-Fifteen to thirty years of imprisonment and forfeiture of the ship, to which they belong to a pirate crew.
Immunity and neutrality violation
Article 148.-Three-day prison will be applied to two years and a fine of one hundred to two thousand pesos, for:
I.- The violation of any diplomatic immunity, real or personal, of a foreign sovereign, or of the representative of another nation, whether they reside in the Republic or that they are Step in it;
II.- The violation of the duties of neutrality that correspond to the Mexican nation, when it is consciously done;
III.- The violation of an MP's immunity, or the one giving a laissez-passer, and
IV.- Any attack or violence of any kind to the shields, emblems or pavilions of a friendly power.
In the case of fraction III, and if circumstances warrant it, judges will be able to impose up to six years in prison.
Article 148 Bis.- A prison sentence of fifteen to forty years shall be imposed and four hundred and two hundred days fine, without prejudice to the appropriate penalties for other crimes that result:
I. To whom using toxic substances, chemical, biological or similar weapons, radioactive material, nuclear material, nuclear fuel, radioactive mineral, source of radiation or instruments emitting radiation, explosives or firearms, or by fire, flooding or any other violent means, carry out on Mexican territory acts against goods, persons or services of a State abroad, or of any international organization or organization, which raise alarm, fear or terror in the population or in a group or sector of the population, in order to pressure the authority of that foreign State, or force it or an international organization or organization to make a determination;
II. To which you commit the crime of homicide or any act against the freedom of an internationally protected person;
III. When you perform, on Mexican territory, any violent act against official premises, private residences or means of transport of a person internationally protected, which is against your life or liberty, or
IV. When you agree or prepare a terrorist act in Mexican territory that you intend to commit, be committed or committed abroad.
For the purposes of this article, an internationally protected person shall be deemed to be a head of state even each of the members of a collegiate body when, compliance with the respective constitution, fulfil the functions of head of state, a head of government or a foreign minister, as well as the members of his family accompanying him and, in addition, any representative, official or official personality of a State or any official, official personality or another agent of an intergovernmental organisation who, at the time and at the place where a crime is committed against him, his family members who live with him, his official premises, his or her private residence or means of transport, has the right to special protection under international law.
Article 148 Ter.- Five to ten years of imprisonment will be imposed and one hundred to three hundred days fine, to whom a terrorist is bound, having knowledge of his identity or that it performs any of the activities provided for in this Chapter.
Article 148 Quater.- It will be punishable from six to twelve years in prison and from two hundred to six hundred days fine to the one that threatens to commit the crime of terrorism to referred to in Article 148 Bis, fractions I to III.
Crimes Against Humanity
Violation of Human Duties
Article 149.-To which I shall violate the duties of humanity in the prisoners and hostages of war, in the wounded, or in the blood hospitals, shall be applied for that fact only: imprisonment of three to six years, except for special cases, in military law.
Article 149-bis.-The crime of genocide is committed by the intent to destroy, in whole or in part, one or more national or ethnic, racial or religious groups, perpetrated by any means, crimes against the life of members of those, or impose mass sterilization in order to prevent the reproduction of the group.
For such a crime will be imposed from twenty to forty years of imprisonment and fine of fifteen thousand to twenty thousand pesos.
If, with the same purpose, attacks on the bodily integrity or health of the members of those communities are carried out or transferred from them to other groups under ten years of age. and six years, using physical or moral violence, the sanction will be five to twenty years in prison and fine of two thousand to seven thousand pesos.
The same penalties as mentioned in the previous paragraph shall apply, to whom for the same purpose intentionally submit to the group conditions of existence which they have to carry physical destruction, total or partial.
In the event that those responsible for such crimes were government officials, officials or public employees and committed them in the exercise of their duties or for their purpose, in addition to the penalties provided for in this article shall be subject to the penalties referred to in Article 15 of the Law on the Responsibilities of Officials and Employees of the Federation.
Title Third Bis
Crimes against Dignity of Persons
Article 149 Ter. Penalty of one to three years imprisonment or one hundred and fifty to three hundred days of work in favor of the community and up to two hundred days fine for reasons of origin or ethnic or national membership, race, skin color, language, gender, sex, sexual preference, age, marital status, national or social origin, social or economic condition, health condition, pregnancy, opinions policies or any other kind which is contrary to human dignity, or impairment of the rights and freedoms of persons through the conduct of any of the following:
I. deny a person a service or a benefit to which they are entitled;
II. Deny or restrict labor rights, primarily because of gender or pregnancy; or limit a health service, primarily to women in relation to pregnancy; or
III. Deny or restrict educational rights.
To the public servant who, for the reasons provided in the first paragraph of this article, denies or relate a person a process, service or benefit to which he/she has the right to be increased in half the penalty provided for in the first paragraph of this article, and in addition to be imposed dismissal and disablement for the performance of any office, employment or public commission, for the same period of the deprivation of the freedom imposed.
All measures aimed at the protection of socially disadvantaged groups will not be considered discriminatory.
When the conduct referred to in this article is committed by person with whom the victim has a relationship of labor subordination, the penalty will be increased in one half.
It will also increase the penalty when discriminatory acts limit access to the legal guarantees indispensable for the protection of all rights human.
This offense will be pursued by querella.
Public Security Crimes
Evasion of Inmates
Article 150.-It will apply from six months to nine years of imprisonment to which you favor the evasion of any detainee, prosecuted or convicted. If the person who has been arrested or prosecuted is charged with crimes or crimes against health, the person who favors his evasion shall be imposed from seven to fifteen years in prison, or, in the case of the evasion of a convicted person, shall be increased to Twenty years in prison.
If anyone who promotes tax evasion is a public servant, it will be increased by a third of the penalties mentioned in this article, as appropriate. You will also be removed from your job and be disabled to obtain another for a period of eight to twelve years.
Article 151.-The foregoing article does not include the ancestors, descendants, spouse or brothers of the fugitive, or their relatives by affinity to the second degree, as are exempt from any sanction, except in the case that they have provided the escape through violence in the person or force in things.
Article 152.-When you favor at the same time, or in a single act, the evasion of several persons deprived of liberty by the competent authority, you will be imposed up to one half more than the custodial penalties referred to in Article 150, as appropriate.
Article 153.-If the reapprehension of the fugitive will be achieved through the efforts of the person responsible for the evasion, they will apply to this ten to one hundred and eighty days of work in favor of the community, depending on the severity of the offense charged to the inmate or detainee.
Article 154.-Inmate who abscond will not be given any sanction, but when he or she is in concert with another or other prisoners and absconding any of them or exercising violence in persons, in which case the applicable penalty shall be six months to three years in prison.
Article 155.-An inmate who abscond is under any of the custodial penalties, or in detention or remand, will not be counted as long as he passes out of the place in which it is to be effective, nor shall it take into account the good behaviour it has had before the escape.
Article 157.-When sentenced to confinement that leaves the place that has been fixed to him for place of his residence before extinguishing it, he will be served prison for the time that is missing to extinguish the confinement.
Article 158.-Fifteen to ninety days of work in favor of the community will be imposed:
I.- An inmate under police surveillance who does not minister to this report is asked about his or her conduct, and
II.- To the one who has been prohibited from going to a particular place or to reside in it, if I violate the prohibition.
If the sentenced person is a serious crime so qualified by law, the aforementioned sanction will be one to four years in prison.
Article 159.-The suspended sentence in your profession or office, or disabled to be exercised, which will break your conviction, will pay a fine of twenty to one thousand pesos. In case of recidivism, the fine will be doubled and one to six years imprisonment will be applied.
Article 160.-To whom, you manufacture, import, import, or collect instruments that can only be used to attack and have no application in activities You will be charged three months to three years or 180 to 360 days fine and forfeiture.
Public servants may carry the necessary weapons for the exercise of their office, subject to the regulations of the respective laws.
These crimes, whose knowledge is a matter for the common jurisdiction, will be punished without prejudice to the Federal Law on Firearms and Explosives, which will be applied in federal law. concern these objects.
Article 161.-Special license is required for the carrying or sale of handguns or revolvers.
Article 162.-It will apply from six months to three years in prison or 180 to 360 days fine and forfeiture:
I.- To which amount, manufacture or sell the weapons listed in Article 160; or give or bring them with them;
II.- When you put guns or revolvers on sale, lacking the necessary permission;
III.- To which you carry a weapon of the prohibited in article 160;
IV.- To which, without a lawful end or without the corresponding permission, I made use of weapons, and
V.- To which, without a license, you carry a weapon of those mentioned in Article 161.
In all cases included in this article, in addition to the sanctions noted, the weapons will be seized.
Officials and agents of the authority may carry the necessary weapons for the exercise of their office.
Article 163.-The licensing referred to in Article 161 shall be made by the Union Executive through the Department or Secretariat it designates, subject to the provisions of the respective regulatory law, and the following:
I.- The sale of the weapons covered by Article 161 may be made only by commercial establishments provided with license and never by private individuals, and
II.- The one that applies for a license to carry weapons must meet the following requirements:
a). Grant bail for the amount that the authority sets, and
b). Check the need for the carrying of weapons and their background of good repute and prudence, with the testimony of five well-known people of the authority.
Article 164.-To which you are part of an association or band of three or more persons for the purpose of delinquiring, you will be given a prison of five to ten years and one hundred to three hundred fine days.
When the member of the association is or has been a public servant of any police corporation, the penalty referred to in the preceding paragraph shall be increased by one half and shall be imposed, in addition, the removal of employment, office or public commission and disqualification from one to five years to carry out another. If the member of the association belongs to the Mexican Armed Forces in a position of retirement, reserve or active, the same sentence will be increased in one half and will be imposed, in addition the definitive discharge of the Armed Forces to which it belongs and be disabled from one to five years for public office or commission.
Article 164 Bis.-When a gang crime is committed, it will apply to those who intervene in their commission, up to one-half of the penalties that correspond to them crimes committed.
It is understood by gang, for the purposes of this provision, the usual, occasional or transitory meeting, of three or more persons who are not organized for criminal purposes, commit a crime in common.
When the gang member is or has been a public servant of some police corporation, the penalty will be increased by up to two-thirds of the sentences that correspond to him. the offences committed and shall also be imposed on him, removal from employment, office or public commission and disqualification from one to five years to carry out another.
Communication and Correspondence Paths
Attacks on communication paths and correspondence violation
Article 165.-Public roads are called the transit routes usually intended for public use, regardless of the owner, and whatever the means of locomotion which is permitted and the dimensions it has; excluding sections which are within the limits of the populations.
Article 166.-When you remove, cut, or destroy the handles that stop a vessel or other vehicle, or remove the obstacle that prevents or moderate your movement, it will be applied to you. imprisonment of 15 days to two years if no damage is caused; if the penalty is caused, the corresponding penalty shall be applied for the offence resulting from it.
Article 166 Bis.- To persons who, by reason of their position or employment in telecommunications companies, illicitly provide reports about persons who make use of those media, they will be sentenced to three months to three years in prison and will be removed from office.
In the case above, it will increase the penalty by up to one half when the crime is committed by a public servant in office. In addition, they will be imposed, in addition to the penalties, for the dismissal of employment and will be disabled from one to ten years for public office or commission.
Article 167.- They will impose one to five years in prison and one hundred to ten thousand days fine:
I.- By only removing or modifying without proper authorization: one or more sleepers, rails, nails, screws, plates and other similar objects that hold them, or a Public-use railway changes;
II.- When you destroy or separate one or more posts, insulators, wires, machines or apparatus, employees in the telegraph service; any of the components of the telecommunications network, used in the telephone, switching or radio communication service, or any component of a magnetic or electromagnetic energy production facility or its means of transmission;
III.- To which, to stop vehicles on a public road, or to prevent the passage of a locomotive, or to derail this or the wagons, remove or destroy the objects that mentions the fraction I, put some hindrance, or any suitable obstacle;
IV.- For the fire of a wagon, or any other vehicle for the carriage of cargo and not forming part of a train in which a person is found;
V.- To which I will flood in whole or in part, a public road or I will cast over it the waters so that they cause harm;
VI.- To which communications, wire, wireless or optical fiber, are telegraphic, telephone or satellite, are interrupted or interfered with by dolously or for profit. by means of which audio, video or data signals are transferred;
VII. To which it destroys in whole or in part, or paralyse by another means of those specified in the above fractions, a machine used in an iron path, or a vessel, or destroy or deteriorate a bridge, a dike, a driveway or a road, or a via;
VIII. To which in order to impair or hinder communications, modify or alter the mechanism of a vehicle causing it to lose power, speed or safety, and
IX. The person who disseminates or transmits false information that in any way damages or may impair the safety of an aircraft, a ship or other type of federal public service vehicle.
Article 168.-To which, for the execution of the facts of which the above articles speak, it is worth explosives, will be applied to prison from fifteen to twenty years.
Article 168a.-From six months to two years imprisonment and three hundred to three thousand days fine, to whom without right:
I. Decrypt or decode telecommunications signals other than satellite-carrier satellites, or
II. transmit the ownership, use or enjoyment of devices, instruments or information to enable deciphering or decoding of telecommunications signals other than satellite-carrying satellite.
Article 169.-When you move a locomotive, cart, truck, or similar vehicle and abandon it or otherwise make it impossible to control your speed and can cause harm, he will be charged one to six years in prison.
Article 170.- When using explosives or incendiary materials, or by any other means destroy all or part of navigation facilities or services air or sea or airports providing services to civil aviation, a fixed platform, or a ship, aircraft, or other federal or local public service vehicle, or providing services to the public, if they are occupied by one or more more people, they will be applied twenty to thirty years in prison.
If in the vehicle, installation or platform in question no person is found to be in prison for five to twenty years.
They will also impose three to twenty years of imprisonment and one hundred to four hundred days fine, without prejudice to the penalty for other crimes committed by the by means of violence, threats or deception, the control of a fixed platform, air or sea navigation facilities or services or airports providing services to civil aviation, as well as a ship, aircraft, machinery or railway trains, buses or any other means of public transport collective, interstate or international, or make them divert from their route or destination.
When a police corporation is committed by a public servant, any of the crimes referred to in this article and the 168 will be imposed on it, in addition to the (i) the term 'employment' and (b) the term 'employment', and (b) the term 'employment' or 'public commission' shall be disabled. If the person who committed the crimes mentioned is a member of the Mexican Armed Forces in a position of retirement, reserve or active duty, he will also be imposed, the definitive discharge of the Armed Forces to belong to and will be disabled from one to ten years. years for public office or commission.
For the purposes of this Article, an artificial island, installation or structure permanently attached to the seafloor or to the platform shall be understood as a fixed platform. For the purposes of exploration or exploitation of resources or other economic purposes.
Article 171.-Prison will be imposed for up to six months, fine up to one hundred pesos and suspension or loss of the right to use the handler license:
II.- When in a state of drink or under the influence of drugs, the influence of traffic and traffic regulations is committed by the use of drugs, regardless of the penalty that corresponds to it if it causes harm to people or things.
Article 172.-When any damage is caused by any vehicle, engine, or machinery, in addition to applying the penalties for the offense resulting, the (a) a person who is a member of the European Commission, who is a member of the European Commission. In case of recidivism, the disablement will be final.
CHAPTER I BIS
Illicit use of air traffic facilities
Article 172 Bis.-To which for the performance of criminal activities use or permit the use of aerodromes, airports, heliports, landing strips or any other installation intended for air traffic that is owned or in charge and care, will be imposed prison of two or six years and one hundred to three hundred days fine and confiscation of the instruments, objects or proceeds of the crime, whatever its nature. If such facilities are clandestine, the penalty will be increased by up to one half.
The same penalties will be imposed on those who carry out clandestine flights, or provide the means to facilitate the landing or takeoff of aircraft or resupply or maintenance to aircraft used in such activities.
If the criminal activities referred to in the first paragraph relate to health crimes, prison and fine sentences will be doubled.
When building, installing, conditioning or operating the buildings and installations referred to in the first paragraph, without having observed the rules of granting, notice or The permission contained in the respective legislation, will be imposed from three to eight years of imprisonment and one hundred and fifty to four hundred days fine.
The penalties provided for in this Article shall be without prejudice to the measures provided for in the General Communication Act and the penalties applicable to them, where appropriate, for other crimes committed.
Article 173.-They will apply from three to one hundred and eighty working days in favor of the community:
I.- When you improperly open a written communication that is not addressed to it, and
II.- To which you improperly intercept a written communication that is not addressed to it, even if it is kept closed and does not impose its content.
The offences foreseen in this article will be pursued by complaint.
Article 174.-It is not considered that parents who open or intercept written communications directed to their minor children, and guardians are not considered to be criminal. in respect of persons who are under their dependence, and the spouses to each other.
Article 175.-The provision of Article 173 does not include correspondence circulated by the swindle, in respect of which the provisions of the legislation will be observed postal.
Article 176.-The employee of a telegraph, telephone station, or wireless station that I will consciously stop transmitting a message that is delivered to you with that object, or communicate to the recipient the recipient from another office, if he causes harm, he will be imposed from fifteen days to one year in prison or 30 to 180 days fine.
Article 177.-To whom private communications are involved without the mandate of a competent judicial authority, sanctions of six to twelve years of imprisonment and three hundred years shall be applied to six hundred days fine.
Crimes Against Authority
Disobedience and resistance of individuals
Article 178.-To which, without legitimate cause, I shall refuse to provide a service of public interest to the Law to compel, or disobey, a legitimate mandate from the authority, apply from fifteen to two hundred working days in favour of the community.
The person who disobeys the mandate of house arrest or the prohibition of leaving a geographical demarcation, dictated by competent judicial authority, shall be imposed on him months to two years in prison and ten to two hundred days fine.
Article 178 Bis.- To the natural person or in his case the representative of the moral person who is required by the Public Ministry or by the competent authority to collaborate or provide information for the geographical location, in real time of the communication devices in terms of the provisions of the Federal Law of Telecommunications and Broadcasting, which are related to investigations in organized crime, crimes against health, kidnapping, Extortion, threats or any of those provided for in Chapter II of Title Ninth of the Federal Criminal Code and which will refuse to do so in a dolous manner, will be imposed a prison term of 3 to 8 years and five thousand to ten thousand days fine.
The same penalties shall apply to the natural person, or in his case to the representative of the moral person who, in a dolous manner, impedes, delays without cause or refuses to collaborate in the intervention of private communications, or to provide information to which they are obliged, in the terms of the applicable legislation.
The same penalties shall apply to the natural person, or in his case to the representative of the moral person who is required by the competent authorities, to collaborate or provide information for the geographical location, in real time of the communication devices in terms of the provisions of the Federal Law on Telecommunications and Broadcasting and which will refuse to do so in a dolous manner.
Article 179.-The one who without legal excuse will refuse to appear before the authority to give his statement, when legally required, will not be considered as an inmate of the crime. provided for in the previous article, but when he insists on his disobedience after being pressed by the judicial authority or by the administrative authority, where appropriate, to make him appear to testify.
Article 180.-They will apply from one to two years of imprisonment and fine of ten to one thousand pesos: to which, using force, the amago or the threat, will oppose to the public authority or its agents perform any of its functions or resist the performance of a legitimate mandate executed in a lawful manner.
Article 180 Bis. It will apply from one to two years in prison and ten thousand to thirty thousand days fine, to which you withdraw, modify or inuse, without proper authorization, devices of location and surveillance.
If the conduct referred to in the preceding paragraph is made by a member of a public security institution, it shall apply from two to five years of imprisonment, Twenty thousand to forty thousand days fine and disablement to exercise any employment or public office in any field of government for up to twenty years.
Article 181.-The resistance will be equated and punished with the same penalty as it is, the coercion made to the public authority by means of physical or moral violence, to force it to execute an official act, without the legal or other requirements that are not in its attributions.
Article 182.-The one that must be examined in judgment, without taking advantage of the exceptions established by this Code or the Criminal Procedures, and exhausted their Prize media, refuse to grant the law protest or to declare, will pay 10 to 30 days fine. In the event of recidivism, a prison of one to six months or 30 to 90 days will be imposed.
Article 183.-When the law authorizes the use of the award to make the determinations of the authority effective, only the offence of disobedience will be consumed when have exhausted the media.
Opposition to running some public work or work
Article 185.-When multiple persons of common agreement seek to prevent the execution of a public works or works, or that of those intended for the provision of a service public, ordered to do with the legal requirements by competent authority, or with their authorization, will be punished with three months to one year of imprisonment, if only a simple material opposition is made without violence. In case of violence, the penalty will be up to two years.
Article 187.-To which the stamps placed on the order of the public authority are broken, they will be applied for thirty-one hundred and eighty days of work in favor of the community.
Article 188.-When, by common agreement, the parties interested in a civil business are broken by the stamps put by the public authority, they will pay a fine of twenty to two hundred weights.
Crimes committed against public officials
Article 189.-To which you commit a crime against a public servant or agent of the authority in the act of lawfully exercising its functions or for reasons thereof, apply one to six years in prison, in addition to that which corresponds to the offence committed.
Ulsuits to National Badges
Article 191.-In which the shield of the Republic or the national flag, either word or work, is applied, it shall be applied for six months to four years imprisonment or fine Fifty to three thousand pesos or both sanctions, in the judgment of the judge.
Article 192.-When you misuse the national shield, badge, or anthem, you will be applied for three days to one year of imprisonment and fine of twenty-five to one thousand pesos.
From production, tenure, traffic, proselytism, and other narcotics acts
Article 193.-Narcotics, psychotropic and other substances or plants that determine the General Health Law, conventions and treaties are considered to be narcotic drugs. International mandatory enforcement in Mexico and those that indicate the other applicable legal provisions in the field.
For the purposes of this chapter, conduct relating to narcotic drugs, psychotropic substances and other substances as provided for in Articles 237, 245, fractions is punishable. I, II, and III and 248 of the General Health Law, which constitute a serious problem for public health.
The judge, by individualizing the penalty or the security measure to be imposed by the commission of a crime provided for in this chapter, will take into account, in addition to the Articles 51 and 52, the quantity and species of narcotic in question, as well as the minor or major injury or endangering of public health and the personal conditions of the author or a participant in the event or the recidivism in his case.
The narcotics used in the commission of the crimes referred to in this chapter will be made available to the federal health authority, which will proceed according to the provisions or laws of the matter to their lawful use or to their destruction.
Dealing with instruments and vehicles used to commit the crimes considered in this chapter, as well as objects and products of those crimes, whatever the The nature of such goods shall be subject to the provisions of Articles 40 and 41. To this end, the Public Ministry will have during the preliminary investigation the corresponding insurance and the intended destination in support of the prosecution, or will request it in the process, and will promote the seizure so that the goods the product concerned or its product is intended for the delivery of justice, or shall, where appropriate, promote the suspension and deprivation of agricultural or other rights, to the authorities which are competent in accordance with the applicable rules.
Article 194.-Prison will be imposed from ten to twenty-five years and from one hundred to five hundred days fine to which:
I.- Produce, transport, trade, trade, supply even free of charge or prescribe any of the narcotics referred to in the previous article, without the corresponding authorization referred to in the General Health Law;
For the purposes of this fraction, to produce is understood: manufacture, manufacture, manufacture, prepare or condition some narcotic, and to trade: sell, buy, acquire or Alienate some narcotic.
By supply means material transmission directly or indirectly, by any means, of the possession of narcotics.
The trade and supply of narcotics may be investigated, prosecuted and, where appropriate, sanctioned by the authorities of the common jurisdiction in the terms of the General Health Law, when the assumptions of Article 474 of that order are filled.
II.- Enter or extract from the country any of the narcotics included in the previous article, even if it is temporarily or in transit.
If the introduction or extraction to which this fraction refers will not come to be consummated, but from the acts made it is clear that this was the purpose of the agent, the penalty The application shall be up to two thirds of that provided for in this Article.
III.- Export economic or any kind of resources, or collaborate in any way to the financing, supervision or promotion to enable the execution of any of the crimes referred to in this chapter; and
IV.- Perform acts of publicity or propaganda, in order to consume any of the substances included in the previous article.
The same penalties provided for in this article and, in addition, deprivation of office or commission and disqualification to occupy another one for up to five years, will be imposed on the public servant who, in exercise of his or her duties, permit, authorize or tolerate any of the conduct referred to in this article.
Article 195.-Five to fifteen years of imprisonment will be imposed and one hundred to three hundred and fifty days fine, to which one of the narcotics mentioned in the Article 193, without the corresponding authorization referred to in the General Health Law, provided that such possession is for the purpose of carrying out any of the conduct provided for in Article 194, both of which are of this code.
The possession of narcotics may be investigated, pursued and, in its case sanctioned by the authorities of the common jurisdiction in the terms of the General Health Law, when the assumptions of Article 474 of that order are collared.
When the defendant possesses any of the narcotics indicated in the table provided for in Article 479 of the General Health Law, in quantity equal to or greater than that which It is assumed that the possession is intended to commit some of the behaviors provided for in Article 194 of this code.
Article 1919a.- When by the circumstances of the fact the possession of any of the narcotics referred to in Article 193, without the authorization to which it refers The General Health Law, cannot be considered to be intended to carry out any of the behaviors referred to in Article 194, it will be applied penalty of four to seven years six months of imprisonment and fifty to one hundred and fifty days fine.
The Federal Public Ministry will not proceed criminally with this crime against the person who owns:
I. Medicines containing narcotic drugs, the sale of which is subject to special requirements for purchase, where the nature and quantity of such medicinal products are those necessary for the treatment of the person who have or other persons subject to the custody or assistance of those in their possession.
II. Peyote or hallucinogenic fungi, when the quantity and circumstances of the case may be presumed to be used in the ceremonies, uses and customs of the indigenous peoples and communities, thus recognized by their own authorities.
For the purposes of this chapter it is understood by possession: the possession of narcotic material or when they are within the radius of action and availability of the person.
The possession of narcotics may be investigated, pursued and, in its case sanctioned by the authorities of the common jurisdiction in the terms of the General Health Law, when the assumptions of Article 474 of that order are collared.
Article 196.-The penalties that are applicable for the offences provided for in Article 194 shall be increased by one half, when:
I.- Be committed by public servants responsible for preventing, reporting, investigating or judging the commission of crimes against health or a member of the Armed Forces Mexican in retirement, reserve or active. In this case, it shall be imposed, on such public servants in addition, suspended to serve or commission in the public service, for up to five years, or dismissal, and disablement for up to a time equal to that of the imposed prison sentence. If it is a member of the Mexican Armed Forces in any of the situations mentioned, it will be imposed, in addition to the definitive discharge of the Armed Forces, and will be disabled for up to a time equal to that of the Armed Forces. imposed imprisonment, to discharge or to public commission where appropriate;
II.- The victim is underage or incapacitated to understand the relevance of the behavior or to resist the agent;
III.- Use minors or unable to commit any of those offenses;
IV.- Be committed in educational, care, police, or seclusion centers, or in their immediate vicinity with whom they attend;
V.- The conduct is performed by professionals, technicians, auxiliaries or personnel related to the health disciplines in any of its branches and are valued by the situation to make them. In this case, a suspension of duties or duties shall be imposed for the professional or trade year for up to five years and for up to a period of time equivalent to that of the prison imposed;
VI.- The agent determines another person to commit a crime from those provided for in Article 194, taking advantage of family or moral ascendancy or the authority or hierarchy that have on it; and
VII.- This is the owner, tenant or user owner of an establishment of any nature and will use it or to perform some of the intended crimes in this chapter or permit its performance by third parties. In this case further, the establishment will be closed.
Article 196 Bis.-(Repeals).
Article 196 Ter.-Five to fifteen years in prison and one hundred to three hundred days fine, as well as confiscation of the instruments, objects and products of the crime, to which divert or by any means contribute to the diversion of chemical precursors, essential chemicals or machines, to the cultivation, extraction, production, preparation or conditioning of narcotics in any form prohibited by law.
The same prison sentence and fine, as well as the disablement to occupy any employment, office or public commission for up to five years, will be imposed on the public servant who, in exercise of their duties, permit or authorize any of the conduct included in this article.
They are chemical precursors, essential chemicals and machines as defined in the law of matter.
Article 197.-To which, without the prescription of a legally authorized physician, administer to another person, either by injection, inhalation, ingestion or by any other means, some narcotic referred to in Article 193, shall be imposed from three to nine years of imprisonment and sixty to one hundred and eighty days fine, whatever the amount administered. Penalties shall be increased by up to one-half more if the victim is a minor or unable to understand the relevance of the conduct or to resist the agent.
When you improperly supply or prescribe to a third party, older, some narcotic mentioned in Article 193, for your personal and immediate use, you will be charged two to six years in prison and forty to one hundred twenty days fine. If the person who acquires it is less than age or unable, the penalties will be increased by up to one half.
The same penalties as in the previous paragraph shall be imposed on the person who induces or helps another to consume any of the narcotics referred to in Article 193.
Article 198.-Al which is engaged as a main activity in the field's own work, sowing, growing or harvesting marijuana plants, poppy, hallucinogenic fungi, peyote or any other plant that produces similar effects, on its own account, or with third-party financing, when in the absence of instruction and extreme economic necessity, one to six years will be imposed.
The same penalty shall be imposed on the holding or possession of the sowing, cultivation or harvesting of such plants in circumstances similar to that in a property, possession or possession. Previous scenario.
If in the conduct described in the previous two paragraphs the circumstances that are required are not met, the penalty will be up to two thirds of the one foreseen in the Article 194, provided that the sowing, cultivation or harvesting is done for the purpose of carrying out any of the conduct provided for in the fractions I and II of that Article. If that purpose is missing, the penalty will be two to eight years in prison.
If the crime is committed by a public servant of some police corporation, it will be imposed, in addition to the dismissal of the employment, office or public commission and will be disabled from one to Five years to carry out another, and if the crime is committed by a member of the Mexican Armed Forces in a position of retirement, reserve or active, he will be imposed, in addition to the sentence of imprisonment, the definitive discharge of the Armed Forces belong to and will be disabled from one to five years to take office or commission public.
Article 199.- The Public Ministry or the judicial authority of knowledge, as soon as you know that a person related to any procedure for the crimes provided for in Articles 195 or 195 a, is pharmacodependent, shall immediately inform and, where appropriate, provide intervention to the competent health authorities for the purposes of the appropriate treatment.
Rehabilitation services will be provided to the pharmacodependent in any detention center.
For the granting of the conditional conviction or the benefit of the preparatory freedom, when they proceed, the relative misconduct shall not be considered as a precedent of misconduct. the pharmacodependence, but it will be required in any case that the sentenced to undergo the appropriate medical treatment for his rehabilitation, under the supervision of the executing authority.
The danger of contagion
Article 199-Bis.-The knowing that you are sick with a bad venereal or other serious illness in the infective period, endanger the health of another, by sexual relations or other means of transmittable, will be punished for three days to three years imprisonment and up to forty days of fine.
If the disease suffered is incurable, it will be punishable by six months to five years in prison.
In the case of spouses, concubines, only the offending person may proceed.
Crimes against Reproductive Rights
Article 199 Ter. A who commits the offence provided for in Article 466 of the General Health Law with violence, shall be imposed from five to fourteen years in prison and up to one hundred and twenty days fine.
Article 199 Quater. Four to seven years in prison will be punished and up to seventy days fine for the implant of a fertilized egg to a woman when she has used to do so by an unauthorised donor or donor's sperm, without the express consent of the patient, the donor or with the consent of a minor or an incapable person to understand the meaning of the event or to resist it.
If the crime is committed with violence or if it is a pregnancy, the applicable penalty will be five to fourteen years and up to one hundred and twenty days fine.
In addition to the penalties provided for, suspension will be imposed to exercise the profession or, in the case of public servants, disqualification for the job performance, public commission, for a time equal to that of the imposed prison sentence, as well as dismissal.
When between the asset and the liability there is a relationship of marriage, concubinage or relationship of a couple, the offences foreseen in the previous articles will be pursued by query.
If they are children as a result of the commission of any of the offences foreseen in the previous articles, the repair of the damage will also include the payment of food for these and for the mother, in terms of the civil legislation.
Article 199 Quintus. Comet the offence of sterility caused by whom without the consent of a person practice surgical, chemical or any other type to make it sterile.
The responsible sterility officer will be imposed from four to seven years in prison and up to seventy days fine, as well as the full payment of damages and damages. damage, which may include the appropriate surgical procedure to reverse sterility.
In addition to the penalties referred to in the preceding paragraph, the person responsible shall be liable for the suspension of employment or occupation for a period equal to that of the prison sentence imposed until final disablement, provided that the victim has been damaged by virtue of his exercise; or, in the event that the person responsible is a public servant, he shall be deprived of the employment, position or public commission he has been carrying out, provided that, by virtue of their exercise, they have committed such typical conduct.
Article 199 Sextus. The offences provided for in this chapter shall be subject to ex officio, with the exception of those referred to as a complaint.
CRIMES AGAINST THE FREE DEVELOPMENT OF PERSONALITY.
Corruption of Persons Under Eighteen Years of Age or Persons Who Have No Ability to Understand the Meaning of the Fact or People who do not have Capacity to Resist.
Article 200.- To which you trade, distribute, expose, circulate or offer, to children under eighteen years of age, books, writings, recordings, films, photographs, printed advertisements, images or objects, pornographic, real or simulated, either physically or through any means, will be imposed from six months to five years in prison and three hundred to five hundred days fine.
It shall not be understood as pornographic or noxious material, that which means or has as an end the scientific, artistic or technical disclosure, or, where appropriate, sexual education, education on reproductive function, the prevention of sexually transmitted diseases and the pregnancy of adolescents, provided that they are approved by the competent authority.
Article 201.- Comet the crime of corruption, who will force, induce, facilitate or procure one or more persons under 18 years of age or one or more persons which have no capacity to understand the meaning of the fact or one or more persons who have no ability to resist it to perform any of the following acts:
a) Usual consumption of alcoholic beverages;
b) Consumption of toxic substances or the consumption of any of the narcotics referred to in the first paragraph of Article 193 of this Code or the drug dependency;
c) Mendiality for exploitation purposes;
d) Commission of some offense;
e) Forming part of a criminal association; and
f) Perform acts of simulated or non-sexual bodily or non-sexual exhibitionism.
To the person who commits this crime he will be charged: in the case of (a) or (b) imprisonment of five to ten years and fine of five hundred to one thousand days; in the case of (c) penalty In the case of point (d), it shall be within the meaning of Article 52 of Chapter I of Title III of this Code, in the case of point (e) or (f) of Article 52 of the Rules of Procedure of the Court of First Instance. Seven to twelve years and fine of eight hundred to two thousand five hundred days.
When you are begging for poverty or abandonment, you should be treated for social assistance.
No corruption, preventive, educational or any kind of programs designed and provided by the public, private or social institutions that have for the purpose of sexual education, education on reproductive function, prevention of sexually transmitted diseases and pregnancy of adolescents, provided that they are approved by the competent authority; photographs, video recordings, audio recordings or fixed or moving images, printed, plasmmed or contained or reproduced in magnetic, electronic or other media and which constitute family memories.
In case of doubt, the judge will request expert opinions to assess the conduct in question.
When it is not possible to accurately determine the age of the person or persons offended, the judge will request the appropriate expert opinions.
Article 201 BIS.- It is prohibited to employ persons under eighteen years of age or persons who are not capable of understanding the meaning of the event, in canteens, taverns, bars, anterns, vice-centres or any other place where their healthy physical, mental or emotional development is adversely affected.
The violation of this provision will be punished with imprisonment of one to three years and of three hundred to seven hundred days fine, in case of recidivism, the closure will be ordered final of the establishment.
The same penalty will be imposed on mothers, fathers, guardians or curators who accept or promote their daughters or children under the age of eighteen or under eighteen years of age or persons who are under their custody, custody or guardianship, are employed in the aforementioned establishments.
For the purposes of this precept it shall be considered as an employee in the canteen, tavern, bar or vice-center, to the person under eighteen years of age, who for a salary, only food, by commission of any kind or by any other stipend or emolumento, or free of charge, provide its services in such a place.
Article 201a 1. Repeals
Article 201a 2. Repeals
Article 201a 3. Repeals
Pornography of Persons Under Eighteen Years of Age or Persons Who Have No Ability to Understand the Meaning of the Fact or People who do not have Capacity to Resist.
Article 202.- Comet the crime of pornography of persons under eighteen years of age or persons who have no capacity to understand the meaning of the made or of persons who have no ability to resist it, who seek, oblige, facilitate or induce, by any means, one or more of these persons to perform sexual acts or bodily exhibitionism for the purposes of sexual or sexual purposes, or simulated, with the video object to record, photograph, film, display or describe them through printed advertisements, transmission of data files on public or private telecommunications networks, computer systems, electronic or substitute systems. The author of this crime will be sentenced to seven to twelve years in prison and eight hundred to two thousand days fine.
To whom I set, print, video, record, photograph, film or describe acts of bodily or sexual, real or simulated exhibitionism, in which one or more of them participate persons under eighteen years of age or one or more persons who have no capacity to understand the meaning of the event or one or more persons who have no capacity to resist it, shall be given the penalty of seven to twelve years in prison and from eight hundred to two thousand days fine, as well as the confiscation of the objects, instruments and proceeds from crime.
The same penalty shall be imposed on the person who reproduces, stores, distributes, sells, buys, leases, exposes, publicizes, transmits, imports, or exports the material to which they relate the preceding paragraphs.
Article 202 BIS.- Who stores, purchases, leases, the material referred to in the preceding paragraphs, for no marketing or distribution purposes impose one to five years in prison and one hundred to five hundred days fine. He will also be subject to specialist psychiatric treatment.
Sexual Tourism against Persons Under Eighteen Years of Age or Persons Who Do Not Have Capacity to understand the Meaning of the Fact or People who do not have Capacity to Resist.
Article 203.- Comet the crime of sex tourism who promotes, publicizes, invites, facilitates or manages by any means to which one or more persons travel to the internal or external territory for the purpose of carrying out any kind of actual or simulated sexual acts with one or more persons under the age of eighteen years, or with one or more persons who are not capable of understand the meaning of the event or with one or more persons who are not capable of resist.
The author of this crime will be handed a penalty of seven to twelve years in prison and eight hundred to two thousand days fine.
Article 203 BIS.- To whom you perform any kind of actual or simulated sexual acts with one or more persons under the age of eighteen, or with one or more persons who have no capacity to understand the meaning of the fact or with one or more persons who have no ability to resist it, by virtue of sex tourism, shall be imposed a sentence of twelve to sixteen years of imprisonment and two thousand to three years A thousand days fine, likewise, will be subject to the specialized psychiatric treatment.
Lenocynium of Persons Under Eighteen Years of Age or of Persons Who Have No Capacity to Understand the Meaning of the Fact or People who do not have Capacity to Resist.
Article 204.- Comet the offense of lenocinium of persons under eighteen years of age or persons who have no capacity to understand the meaning of the done or people who have no ability to resist it:
I.- Every person who explodes the body of the above mentioned persons, by means of the carnal trade or profit of any one;
II.- When you induce or request any of the above mentioned persons, to trade sexually with your body or to provide you with the means to deliver to prostitution, and
III.- To which you govern, directly or indirectly administer or sustain, prostibula, quote houses or concurrency places dedicated to exploiting prostitution persons under eighteen years of age or persons who have no capacity to understand the meaning of the event or persons who are not capable of resisting it, or obtain any benefit with their products.
The person responsible for this crime will be charged with imprisonment of eight to fifteen years and 1,000 to two thousand five hundred days of fine, as well as final closure of the establishments. described in section III.
Trafficking in Persons Under Eighteen Years of Age or Persons Who Do Not Have Capacity to Understand the Meaning of the Fact or People who do not have Capacity to Resist.
Article 205. Repealed.
Article 205-Bis. The penalties specified in Articles 200, 201, and 204 will be imprinted. The penalties referred to in those Articles shall also be increased to double the amount corresponding to the case where the author has the victim, one of the following relationships:
a) Those who exercise parental rights, custody or custody;
b) Ascendients or descendants with no degree limit;
c) Collateral online relatives up to fourth grade;
d) Tutors or curators;
e) He who exercises over the victim by virtue of a working relationship, teacher, domestic, medical or any other involving a subordination of the victim;
f) Who is worth of public function to commit the crime;
g) Who is in the same victim's home;
h) To the minister of a religious cult;
i) When the author uses physical, psychological or moral violence against the victim; and
j) Who is linked to the victim by an affective or friendship bond, of gratitude, or some other that might influence gaining the trust of this one.
In the cases of points (a), (b), (c) and (d) in addition to the penalties indicated, the authors of the offence shall lose their rights, guardianship or curatals, as the case may be, in respect of all their descendants, the right to food which may correspond to their relationship with the victim and the right that you may have with respect to the goods of this.
In the cases of points (e), (f) and (h) in addition to the penalties indicated, it shall be punishable by dismissal and disablement to carry out the charge or commission or any other public or similar, up to a time equal to the penalty imposed.
In all cases, the judge will agree on the appropriate measures to permanently prohibit the offender from having any contact or relationship with the victim.
Lenocynio and Human Trafficking.
Article. 206. Lenocinio will be punished with imprisonment of two to nine years and fifty to five hundred days fine.
Article 206 BIS.- Comet the offense of lenocinio:
I.- Every person who exploits the body of another by means of the carnal trade, is kept from this trade or gets from it for any profit;
II.- When you induce or request a person to do so with another person, to trade sexually with your body or to provide you with the means to surrender to prostitution, and
III.- To which you govern, directly or indirectly administer or sustain, prostibula, quote houses or concurrency places expressly dedicated to exploiting the prostitution, or obtain any benefits with your products.
Article 207. Repealed.
Provocation of a Crime and Apologia of this or of some Vicio and of the Omission to prevent a Crime that atents against the Free Personality Development, Human Dignity or Physical or Mental Integrity.
Article 208.- When you publicly provoke a crime, or make the apology for this or any vice, you will be applied for ten to 80 days of If the offence is not executed, the penalty shall be applied to the provocateur for his participation in the offence committed.
Article 209.- He who is able to do so with his immediate and no risk of his own or others, will not prevent the commission of one of the crimes contemplated in the Title VIII, Second Book, of this Code or in the Federal Law to Prevent and Punish the Trafficking in Persons shall be imposed for six months to three years imprisonment and fifty to two hundred days fine.
The same penalties will be imposed on those who, being able to do so, do not come to the authority or their agents to prevent a crime from those referred to in the previous paragraph and from whose next commission has news.
Such penalties shall be imposed on persons related to or assigned to any institution, association, organization or grouping of religious, cultural, sporting, educational, recreational or any other type of information and are aware of the commission of the offences referred to in the first paragraph of this Article, where they do not inform the competent authority or protect the person who commits it, either Hiding it, changing it based or in any other way provides protection.
Article 209 Bis.- It will apply from nine to eighteen years of imprisonment and from seven hundred and fifty to two thousand two hundred and fifty days fine, to whom it takes advantage of the trust, subordination or superiority over a child of eighteen years, derived from his or her parentage in any degree, guardianship, curatelle, guardian or custody, teaching, religious, labor, medical, cultural, domestic or any kind and execute, force, induce or convince to execute any sexual act, with or without your consent.
The same penalty shall apply to the person who commits the described conduct of the preceding paragraph, against the person who does not have the ability to understand the meaning of the fact or to resist it.
If the agent makes use of physical violence, the penalties will be increased by one half.
The perpetrator may be subject to comprehensive medical treatment as long as it is required, which may not exceed the time of the imprisonment imposed.
In addition to the previous sentences, the author of the crime will lose, where appropriate, the parental authority, the guardianship, the conservatorship, the adoption, the right of food and the right that may be related to the property of the victim, in terms of the civil legislation.
Where the offence is committed by a public servant or a professional in the exercise of his or her duties, in addition to the prison term mentioned above, be disabled, dismissed or suspended, from their public employment or profession for a term equal to the penalty imposed.
Article 209 Ter.- For the purpose of determining the damage caused to the free development of the victim's personality, the necessary opinions must be requested to know his affectation. In the event of non-compliance with this provision by the Public Ministry, it shall be sanctioned in the terms of this Code and applicable law.
In cases where the sentenced person refuses or cannot guarantee the medical, psychological or specialty care required, the State shall provide such services to the victim.
Disclosure of secrets and illicit access to computer systems and computers
Disclosure of secrets
Article 210.-Thirty to two hundred days of work will be imposed in favor of the community, to which without a fair cause, with the detriment of someone and without the consent of you may be harmed, disclose any secret or reserved communication you know or have received on account of your employment, position or position.
Article 211.-The penalty will be one to five years, fine of fifty to five hundred pesos and suspension of profession in his case, two months to one year, when the revelation punishable is made by a person providing professional or technical services or by an official or public employee or when the disclosed or published secret is of an industrial nature.
Article 211 Bis.-To whom you disclose, disclose or otherwise misuse or otherwise use, information or images obtained in a private communication intervention, apply penalties of six to twelve years in prison and three hundred to six hundred days fine.
Illicit access to computer systems and computers
Article 211 bis 1.-To which you do not modify, destroy or cause loss of information contained in computer systems or computers protected by any of the security, will be imposed from six months to two years imprisonment and one hundred to three hundred days fine.
If you do not know or copy information contained in computer systems or computers protected by any security mechanism, you will be given three months to a year of prison and fifty to one hundred and fifty days fine.
Article 211 bis 2.-To which you do not modify, destroy or cause loss of information contained in computer systems or computers, protected by any security mechanism, will be imposed one to four years in prison and two hundred to six hundred days fine.
To which information contained in systems or computer equipment of the State, protected by some security mechanism, is not known or copied, will be imposed for six months two years in prison and one hundred to three hundred days fine.
To whom you are not authorized to know, obtain, copy, or use information contained in any system, computer, or media storage of public security, protected by some means of security, he will be sentenced to four to ten years of imprisonment and fine of five hundred to a thousand days of general minimum wage in force in the Federal District. If the person responsible is or has been a public servant in a public security institution, four to ten years shall be further imposed, dismissed and disallowed to perform in other employment, post, post or public commission.
Article 211 bis 3.-When authorized to access State computer systems and equipment, unduly modify, destroy, or cause loss of information that contain, two to eight years in prison and three hundred to nine hundred days fine.
When authorized to access State computer systems and computers, improperly copy information that they contain, they will be given one to four years in prison and one hundred and fifty four hundred and fifty days fine.
To whom you are authorized to access computer systems, computers, or media in the field of public security, improperly obtain, copy, or use information that they contain, will be imposed for four to ten years of imprisonment and fine of five hundred to a thousand days of general minimum wage in force in the Federal District. If the person responsible is or has been a public servant in a public security institution, it shall also be imposed for up to one half more than the penalty imposed, dismissal and disablement for a period equal to that of the penalty resulting in another term employment, position, post or public commission.
Article 211 bis 4.-To which you do not modify, destroy or cause loss of information contained in computer systems or computers of the institutions that integrate the financial system, protected by some security mechanism, will be imposed from six months to four years of imprisonment and from one hundred to six hundred days fine.
To which information contained in systems or computer equipment of the institutions that make up the financial system, protected by some mechanism, is not known or copied. Security, will be imposed from three months to two years imprisonment and fifty to three hundred days fine.
Article 211 bis 5.-To which you are authorized to access computer systems and equipment of the institutions that integrate the financial system, unduly modify, destroy or cause loss of information that they contain, will be imposed from six months to four years of imprisonment and from one hundred to six hundred days fine.
When you are authorized to access computer systems and computers in institutions that integrate the financial system, improperly copy information that contains, impose three months to two years in prison and fifty to three hundred days fine.
The penalties provided for in this article will be increased by a half when the conduct is committed by officials or employees of the institutions that make up the system. financial.
Article 211 bis 6.-For the purposes of Articles 211 Bis 4 and 211 Bis 5 above, it is understood by institutions that integrate the financial system, those identified in the Article 400 Bis of this Code.
Article 211 bis 7.-The penalties provided for in this chapter will be increased by up to one half when the information obtained is used for own or foreign purposes.
Crimes Committed by Public Servers
Article 212.-For the purposes of this Title and the subsequent, it is public servant to any person who performs a job, position or commission of any nature in the Federal Public Administration, centralized or in that of the Federal District, decentralized organizations, majority state participation companies, organizations and societies assimilated to them, public trusts, in the constitutional bodies self-employed persons, in the Congress of the Union, or in the judicial powers Federal and Judicial District of the Federal District, or who handle federal economic resources. The provisions contained in this Title are applicable to the Governors of the States, to the Members of the Local Law and to the Magistrates of the Local Courts of Justice, by the commission of the offences provided for in this Title. Title, in federal matter.
The same penalties provided for the offence in question shall be imposed on any person involved in the perpetration of any of the offences provided for in this Title or the subsequent.
Article 213.-For the individualization of the penalties provided for in this Title, the Judge shall take into account, if applicable, whether the public servant is a base worker or an official or employee of trust, their seniority in employment, their history of service, their perceptions, their degree of instruction, the need to repair the damages caused by the unlawful conduct and the special circumstances of the facts constituent of the offence. Without prejudice to the foregoing, the category of official or employee of trust shall be a circumstance which may result in an aggravation of the penalty.
Article 213-Bis.-When the offences referred to in Articles 215, 219 and 222 of this Code are committed by public servants of any corporation Police, customs or immigration, the penalties provided for will be increased by up to one half and, in addition, one to eight years will be imposed and disappointed to lead to other employment, office or public commission.
Public service misuse
Article 214.-Comet the public service misuse offense, the public server that:
I.- Exercise the functions of a job, position or commission, without having taken legitimate possession, or without satisfying all legal requirements.
II.- Continue to perform the duties of a job, post or commission after knowing that his appointment has been revoked or that he has been suspended or removed.
III.- Having knowledge by reason of their employment, position or commission that they may result seriously affected the assets or interests of any dependency or entity of the centralized federal public administration, the Federal District, decentralized agencies, majority state participation company, associations and companies treated as such and public trusts, autonomous constitutional bodies, of the Congress of the Union or of the Federal or Judicial Judicial branches of the Federal District, by any act or omission and do not report in writing to its superior hierarchy or avoid it if it is within its powers.
IV.- By itself or by person, subtract, destroy, hide, use, or illicitly use information or documentation that is in its custody or to which it has access, or of which it has knowledge under their employment, position or commission.
V.- Yes or by person, when legally required, surrender reports in that manifest false facts or circumstances or deny the truth in all or part about them, and
VI.- Having obligation for reasons of employment, office or commission, of guarding, monitoring, protect or provide security to persons, places, facilities or objects, in breach of their duty, in any form whatsoever to harm persons, or to places, facilities or objects, or loss or subtraction of objects under their care.
When you commit any of the crimes referred to in fractions I and II of this article, you will be given three days to one year in prison, a fine of thirty to Three hundred times the daily minimum wage in force in the Federal District at the time of the commission of the crime and dismissal in his case, and disqualification from one month to two years for other employment, office or public commission.
The infringer of fractions III, IV, V and VI will be imposed from two to seven years in prison, a fine of thirty to three hundred times the daily minimum wage in force in the Federal District at the time of committing the offence and removal and disablement from two years to seven years to perform other employment, office or public commission.
Abuse of authority
Article 215.-The offense of abuse of authority is committed by public servants who incur any of the following behaviors:
I.- When to prevent the execution of a law, decree or regulation, the collection of a tax or the enforcement of a judicial resolution, ask the public force to help or use it with that object;
II.- When exercising his or her duties or on the grounds of which he or she causes violence to a person without a legitimate cause or shall abuse or insult her;
III.- When improperly relate or denies to individuals the protection or service that has an obligation to grant them or prevent the filing or the course of an application;
IV.- When in charge of administering justice, under any pretext, even if it is the law of obscurity or silence of the law, it is unjustifiably denied to dispatch a business pending before him, within the terms established by law;
V. When the person in charge or element of a public force, legally required by a competent authority to provide him with assistance, refuses to give it or delay the force itself unjustifiably. The same forecast shall apply for experts.
VI.- When he is in charge of any establishment for the execution of the custodial sanctions, of institutions of social rehabilitation or of custody and rehabilitation of minors and preventive prisons or administrative persons who, without the legal requirements, receive as prey, detained, arrested or internal to a person or keep them deprived of their liberty, without giving any part of the fact to the appropriate authority; deny that they are detained, if they are; or comply with the order of freedom of the competent authority;
VII.- When having knowledge of an illegal deprivation of liberty, do not immediately report it to the competent authority or cease it, also immediately, if this is in its remit;
VIII.- When you have funds, values, or anything else that you have not been entrusted with, and are improperly appropriated or available to you.
IX.- When, under any pretext, obtain from a subalternate part of the salaries of this, handouts or other service;
X.- When in the performance of their duties or on the occasion of their duties, they grant employment, office or public commission, or contracts for the provision of professional or commercial services or of any other nature, which are remunerated, knowing that the service for which they were appointed will not be provided, or the contract awarded will not be fulfilled;
XI.- When you authorize or hire who is disabled by firm resolution of competent authority to carry out a job, position or commission in the public service, provided that it does so with knowledge of such a situation;
XII.- When you grant any identification that is credited as a public server to any person who does not actually carry out the employment, position or commission referred to in that identification;
XIII. Compel the defendant to declare, using incommunicado, intimidation or torture;
XIV.- Force to declare persons referred to in Article 243 Bis of the Code Federal Criminal Procedures, about the information obtained in connection with the performance of your activity.
XV. Skip the record of the corresponding stop or unreasonably delay placing the detainee at the disposal of the appropriate authority, and
XVI. Failure to comply with the obligation to prevent the execution of the conduct of deprivation of liberty.
When you commit the offence of abuse of authority in the terms provided by the fractions I to V and X to XII, you will be charged one to eight years in prison, fifty to three hundred years. days fine and dismissal and disablement from one to eight years to perform other employment, office or public commission. The same penalty shall be imposed on persons who accept the appointments, contracts or identifications referred to in fractions X to XII.
To which he commits the offence of abuse of authority in the terms provided for by fractions VI to IX, XIII, XIV, XV, and XVI, he shall be given two to nine years of imprisonment, of seventy up to four hundred days fine and removal and disablement from two to nine years to perform other employment, office or public commission.
CHAPTER III BIS
Forced Disappearance of People
Article 215 -A.-Comet the crime of enforced disappearance of persons, the public servant who, regardless of whether he has participated in the legal or illegal detention of one or more several people, propitiate or dolefully maintain their concealment in any form of detention.
Article 215 -B.-Who commits the crime of enforced disappearance of persons will be sentenced to five to forty years in prison.
If the victim is spontaneously released within three days of his arrest, it will be eight months to four years in prison, without prejudice to the application of the corresponds to executed or omitted acts that constitute themselves offenses.
If the release occurs within ten days of his arrest, the applicable penalty shall be two to eight years in prison, without prejudice to the application of the executed or omitted which are themselves offences.
These penalties may be reduced to a third party for the benefit of the one who has participated in the commission of the crime, when providing information to clarify the facts, and even in half, when it contributes to achieving the life of the victim.
Article 215 -C.-To the Public Server that has been convicted of the crime of enforced disappearance of persons, you will also be removed from office and be disabled from one to Twenty years to carry out any public office, commission or employment.
Article 215 -D.-Opposition or refusal to the competent authority to have free and immediate access to the place where there is reason to believe a person can be found disappeared, on the part of the public servant responsible for the same, shall be sanctioned with the removal of his office, commission or employment, without prejudice to the application of the penalties of the other crimes in which he may incur for his conduct.
Public Server Coalition
Article 216.-Cometen the crime of coalition of public servants, those who have such a character to take action to take measures contrary to a law or regulation, to prevent their execution or to resign from their posts in order to prevent or suspend public administration in any of its branches. Workers who are engaged in the exercise of their constitutional rights or who make use of the right to strike do not commit this crime.
To which he commits the crime of coalition of public servants will be imposed from two years to seven years of imprisonment and fine of thirty to three times the daily minimum wage in force in the Federal District, at the time of the commission of the offence, and dismissal and disablement from two years to seven years to perform other employment, office or public commission.
Misuse of privileges and privileges
Article 217.-Comet the offence of misuse of privileges and powers:
I.- The public server that improperly:
A) Grant concessions for the provision of public service or exploitation, exploitation and use of the Federation's domain goods;
B) Grant permissions, licenses, or economic content authorizations;
C) Grant franchises, exemptions, deductions or subsidies on taxes, duties, products, benefits or contributions and social security contributions, in general on tax revenues, and on prices and tariffs goods and services produced or provided in the Federal Public Administration, and the Federal District.
D) Grant, perform or hire public works, debt, acquisitions, leases, assets or services, or colocation of funds and securities with public economic resources.
II.- Any person who requests or promotes the improper performance, award or hiring of the operations referred to in the preceding fraction or is a party to them, and
III.- The public servant who is holding public funds, knowingly, a public application other than that to which they are destined or will make an illegal payment.
When you commit the crime referred to in this article, you will be imposed from six months to twelve years in prison, from one hundred to three hundred days fine, and dismissal and disqualification from six months to twelve years for other employment, office or public commission.
(Third paragraph is repealed).
(Paragraph 4 is repealed).
Article 218.-Comet the offence of concussion: the public servant who with the character of such and on the basis of tax or contribution, surcharge, income, income, salary or emoluments, require, on its own or through another, money, securities, services or anything else that it knows not to be due, or in greater quantity than that indicated by the Law.
When you commit the offence of concussion, the following penalties will be imposed:
When the amount or the value of the unduly demanded does not exceed the equivalent of five hundred times the daily minimum wage in force in the Federal District at the time of being committed. the crime, or is not valuable, will be imposed from three months to two years in prison, a fine of thirty times to three hundred times the daily minimum wage in force in the Federal District at the time of committing the crime, and dismissal and disablement of three months to two years to perform other employment, office or public commission.
When the amount or the value of the required unduly exceeds five hundred times the daily minimum wage in force in the Federal District at the time of committing the crime, They will impose two years to twelve years of imprisonment, a fine of three hundred to five hundred times the daily minimum wage in force in the Federal District at the time of committing the crime and dismissal and disablement of two years to twelve years to carry out another employment, office or public commission.
Article 219.-Comet the intimidation offense:
I.- The public server that itself, or by person, using physical or moral violence, inhibits or intimates any person to prevent it or a third party from (a) report, make a complaint or provide information regarding the alleged commission of conduct sanctioned by the Criminal Law or the Federal Law on the Responsibilities of Public Servants, and
II.- The public server that in the case of the complaint, denunciation or information referred to by the previous fraction carries out an illicit conduct or omit a due lycite it damages the interests of the persons who present or contribute to them, or of any third party with whom such persons have a family, business or affective relationship.
When he commits the crime of intimidation, he will be given two years to nine years in prison, fine for an amount of thirty to three hundred times the daily minimum wage in force in the country. Federal District at the time of committing the offence, dismissal and disablement of two years to nine years to perform other employment, office or public commission.
Exercise abusive exercise
Article 220.-Comet the offense of abusive exercise of functions:
I.- The public servant who in the performance, of his employment, position or commission, unduly grants for himself or for interposita person, contracts, concessions, permits, licenses, authorisations, franchises, exemptions, purchases or sales or any legal act that produces economic benefits to the public servant, to his or her spouse, descendants or ascendants, relatives by consanguinity or affinity to the fourth grade, to any third party with whom you have links the direct administrative, economic or administrative dependency, partners or companies of which the public servant or the persons referred to above are a party;
II.- The public server that is using the information that it owns by reason of its employment, position or commission, whether or not it is matter of its functions, and that it is not of the knowledge public, whether or not to make investments, investments or acquisitions, or any other act that would cause undue economic benefit to the public servant or to any of the persons mentioned in the first fraction.
The following sanctions will be imposed on you by committing the offense of abusive exercise of functions:
When the amount to which the transactions referred to in this article do not exceed the equivalent of five hundred times the daily minimum wage in the Federal District At the time of committing the crime, three months to two years of imprisonment will be imposed, a fine of thirty to three hundred times the daily minimum wage in force in the Federal District at the time of committing the crime and dismissal and disablement of three months to two years to perform other employment, office or public commission.
When the amount to which the transactions referred to in this article exceed five hundred times the daily minimum wage in force in the Federal District at the time of the The crime will be imposed from two years to twelve years in prison, a fine of three hundred times the minimum daily wage in force in the Federal District at the time of committing the crime and dismissal and disablement of two years. twelve years for other employment, office or public commission.
Item 221.-Comet the influence traffic offense:
I.- The public server that in itself or by interposa person promotes or manages the illicit processing or resolution of public business outside the inherent responsibilities to their employment, position or commission, and
II.- Any person who promotes the illicit conduct of the public server or is provided with the promotion or management referred to by the previous fraction.
III.- The public server which in itself, or by means of person unduly, requests or promotes any resolution or the performance of any act of employment, charge or commission of another public servant, which produces economic benefits for itself or for any of the persons referred to in the first fraction of Article 220 of this Code.
When you commit the crime of influence trafficking, you will be imposed two years to six years in prison, a fine of thirty to three hundred times the daily minimum wage in force in the District. Federal at the time of committing the offence and removal and disablement from two years to six years to perform other employment, office or public commission.
Article 222.-Cometen the crime of co-fact:
I. The public servant who in itself, or by interposa person requests or receives unduly for himself or for another, money or any other gift, or accepts a promise, to make or to stop performing an act related to his functions inherent to his employment, job or commission, and
II. The person who spontaneously gives money or any other gift to some of the persons mentioned in the previous fraction, for any public servant to do or omit an act related to his functions, to his employment, position or commission.
To which you commit the crime of co-fact you will be imposed the following penalties:
When the amount or value of the gift or promise does not exceed the equivalent of five hundred times the daily minimum wage in force in the Federal District at the time of committed to the offence, or is not valuable, shall be imposed from three months to two years in prison, from thirty to three hundred days fine and removal and disablement from three months to two years for other employment, office or public commission.
When the amount or value of the gift, promise or benefit exceeds five hundred times the daily minimum wage in force in the Federal District at the time of the committed to the crime, two to fourteen years of imprisonment, three hundred to a thousand days fine and dismissal and disablement of two to fourteen years to carry out another job, office or public commission.
In no case will be returned to those responsible for the crime of co-fact, the money or handouts delivered, the same will be applied to the benefit of the State.
Co-made to foreign public servants
Article 222 bis.-The penalties provided for in the previous article shall be imposed on the person who for the purpose of obtaining or retaining for himself or another person undue advantage in the development or conduct of international business transactions, offer, promise or, in case of person, money or any other gift, whether in goods or services:
I. To a foreign public servant, to its benefit or that of a third party, to the public servant to manage or refrain from managing the processing or resolution of matters relating to the functions inherent in his employment, office or commission;
II. To a foreign public servant, to its benefit or that of a third party, to the public servant to manage the processing or resolution of any matter outside the scope of the functions inherent in his employment, office or commission, or
III. To any person to come before a foreign public servant and to require or propose to carry out the processing or resolution of any matter related to the functions inherent in the employment, position or commission of the latter.
For the purposes of this article is understood by foreign public servant, any person who performs a job, position or commission in the legislative, executive or judicial or an autonomous public body in any order or level of government of a foreign State, whether designated or elected; any person in the exercise of a function for an authority, agency or public undertaking or state participation of a foreign country; and any official or agent of a body or international public organisation.
When any of the offences referred to in this article are committed in the cases referred to in Article 11 of this Code, the judge shall impose on the moral person up to a thousand days fine and may decree its suspension or dissolution, taking into account the degree of knowledge of the administrative bodies in respect of the co-fact in the international transaction and the damage caused or the benefit obtained by the moral person.
Item 223.-Comet the Feculate Crime:
I.- Any public servant which for its own or other uses distracts from its object money, values, estates or any other thing belonging to the State, to the decentralized agency or to a particular, if for the reason of its charge the has been received in administration, in deposit, or otherwise.
II.- The public servant who improperly uses public funds or grants any of the acts referred to in the article of misuse of powers and powers in order to promote the political or social image of his or her person, that of his or her hierarchical superior or that of a third party, or in order to denigrate any person.
III.- Any person who requests or agrees to carry out the promotions or denigrations referred to in the previous fraction, in exchange for public funds or for the enjoyment of the benefits derived from the acts referred to in the Article of misuse of privileges and powers, and
IV.- Any person without the character of a federal public servant and being legally obliged to the custody, administration or application of federal public resources, will distract them from their object for their own or other uses or give them a different application to which they were targeted.
When you commit the crime of peculing, the following penalties will be imposed:
When the amount of the distracted or the funds used improperly does not exceed the equivalent of five hundred times the daily minimum wage in the Federal District in the the time to commit the crime, or not be valued, will be imposed from three months to two years in prison, a fine of thirty to three hundred times the daily minimum wage in force in the Federal District at the time of committing the crime and dismissal and Disablement of three months to two years to carry out another job, position or commission public.
When the amount of the distracted or the funds used unduly exceeds five hundred times the daily minimum wage in force in the Federal District at the time of the Two years will be imposed on fourteen years of imprisonment, a fine of three hundred to five hundred times the daily minimum wage in force in the Federal District at the time of committing the crime and dismissal and disablement of two years to fourteen years for to carry out other public employment, office or commission.
When the resources of the peculado are federal contributions for the purposes of public safety, up to one third of the penalties identified in the paragraphs above.
Article 224.-It will be sanctioned to whom on account of their employment, office or commission in the public service, has engaged in illicit enrichment. There is illegal enrichment when the public servant is unable to prove the legitimate increase of his or her patrimony or the legitimate origin of the goods in his or her name or those in respect of which he or she is owner, in the terms of the Law Federal Public Servants Responsibilities.
Incurs criminal liability, likewise, who makes it appear as his or her property that the public servant acquires or acquired in contravention of the provisions of the same Law, knowing this circumstance.
To which you commit the crime of illicit enrichment, the following sanctions will be imposed:
Forfeiture for the benefit of the State of those goods whose provenance cannot be credited in accordance with the Federal Law on the Responsibilities of Public Servants.
When the amount to which the illicit enrichment goes up does not exceed the equivalent of five thousand times the daily minimum wage in the Federal District, they will be imposed for three months. Two years in prison, a fine of thirty to three hundred times the daily minimum wage in force in the Federal District at the time of committing the crime and dismissal and disqualification from three months to two years to carry out another job, job or commission public.
When the amount to which the illicit enrichment goes up exceeds the equivalent of five thousand times the daily minimum wage in the Federal District, they will be imposed for two years. fourteen years in prison, a fine of three hundred to five hundred times the daily minimum wage in force in the Federal District at the time of committing the crime and dismissal and disablement of two years to fourteen years to carry out other employment, public commission.
Crimes committed against administration of justice
Crimes committed by public servants
Article 225.-These are crimes against the administration of justice, committed by public servants:
I.- Know of business for which they have legal impediment or to refrain from knowing the ones that correspond to them, without having legal impediment to it;
II.- Perform some other official employment or a particular post or position that the law prohibits them;
III.- Litigar on its own or by person, when the law prohibits them from exercising their profession;
IV.- Direct or advise persons before them litigate;
V.- Do not comply with a provision that is legally communicated to you by your competent superior, without cause for it;
VI.- Dictate, knowingly, a substantive resolution or a final judgment that are unlawful for violating any terminus of the law, or to be contrary to the actions followed in judgment or to the verdict of a jury; or omit to issue a resolution of the procedure, of substance or of a definitive judgment, within the terms laid down in the law.
VII.- Run acts or incur omissions that cause damage or give someone an undue advantage;
VIII.- Retarder or maliciously or negligently the administration of justice;
IX.- Unjustifiably refrain from making the consignment corresponding to a person who is detained at his disposal as likely to be responsible for any crime, when it is brought under the Constitution and to the laws of the matter, in cases where the law imposes them that obligation; or to exercise the criminal action when it does not precede denunciation, accusation or complaint;
X. Stop an individual during the prior investigation outside of the cases noted by law, or retain him for longer than the time stated in the Constitution;
XI.- Do not grant, when requested, captive freedom, if applicable legally;
XII.- Force the defendant to declare, using incommunicado, intimidation or torture;
XIII.- Not to take the defendant's preparatory statement within forty-eight hours after his entry without cause, or to hide the name of the accuser, the nature and cause of the imputation or the crime that is attributes to you;
XIV.- Prolong the preventive prison for longer than at most to set the law to the crime that motivates the process;
XV.- Impose gabelas or contributions in any places of detention or detention;
XVI.- Unjustifiably demand the fulfillment of the judicial providences, in which it is ordered to release a detainee;
XVII.- Do not give a formal or a detention order of a detainee, within seventy-two hours after they make it available to him, unless the defendant has requested an extension of the time limit, in which case he/she is be at the new deadline;
XVIII.- Order or practice searches or home visits outside of the cases authorized by law;
XIX.- Open a criminal prosecution against a public servant, with a fuero, without having been withdrawn previously, in accordance with the provisions of the law;
XX.- Order the apprehension of an individual for a crime that does not warrant a custodial sentence, or in cases where he does not precede a complaint, accusation or complaint; or conduct the apprehension without putting the detainee at the disposal of the judge in the term referred to in the third paragraph of Article 16 of the Constitution;
XXI.- To those in charge or employees of places of detention or detention who charge any amount to the interim or their relatives, in exchange for providing goods or services that are free of charge to the State for granting them privilege conditions in the enclosure, power, or regime;
XXII.- Rematar, in favor of themselves, by itself or by person, the goods subject to a remate in whose judgment they have intervened;
XXIII.- Admit or appoint a depositary or surrender to it the seized goods, without the corresponding legal requirements;
XXIV.- Make known to the defendant, unduly, the providence of embargo decreed against him;
XXV.- To name or intervene in a contest or bankruptcy, to a person who is a debtor, a relative or who has been a lawyer for the failed, or to a person who has a relationship with the official of kinship, close friendship or ties with business of common interest; and
XXVI.- Allow, outside of the cases provided for by law, the temporary departure of persons who are held.
XXVII.- Do not order the freedom of a processed, decreasing its attachment to processing, when it is a defendant for a crime or a modality that has a non-custodial or alternative penalty;
XXVIII.- Make known to whom you do not have the right, documents, constances or information that are in a prior investigation or in a criminal proceedings and are confidential, and are, by law or resolution of the judicial authority, confidential, and
XXX. Hold the detainee without complying with the requirements of the Constitution and the respective laws;
XXXI. Alter, destroy, lose or illicitly disturb the place of the facts; the indicia, traces or traces of the criminal act or the instruments, objects or products of the crime;
XXXII. Discourse or hinder the investigation of the criminal act in question or favor that the defendant is taken away from the action of justice;
XXXIII. Force a person or his/her representative to grant forgiveness in the crimes pursued by the complaint; and
XXXIV. Force a person to resign from office or employment to avoid responding to allegations of harassment, harassment or to conceal violations of the Federal Labor Law.
To the one who commits the crimes foreseen in the fractions I, II, III, VII, VIII, IX, XX, XXIV, XXV, XXVI, XXXIII and XXXIV, he will be sentenced to imprisonment of three to eight years and from five hundred to one thousand five hundred days fine.
To the one who commits the offences foreseen in the fractions IV, V, VI, X, XI, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XXI, XXII, XXIII, XXVII, XXVIII, XXX, XXXI and XXXII, Prison sentence of four to ten years and one thousand to two thousand days fine.
In all the offences provided for in this Chapter, in addition to the prison sentences and fine provided, the public servant will be dismissed and disabled from three to ten years to perform. other employment, office or public commission.
improper exercise of the right itself
Article 226.-In order to make an effective right or intended right to exercise, use violence, you will be charged three months to one year or 30 to 90 days fine. In these cases, only the offending party will be sued.
Article 227.-The above provisions shall apply to all civil servants or employees of the public administration, when in the exercise of their duties they are executed by the facts or they incur the omissions expressed in the articles themselves.
Article 228. -Professionals, artists or technicians and their auxiliaries, shall be responsible for the crimes committed in the exercise of their profession, in the following terms and without prejudice to the prevention contained in the General Health Law or in other rules on professional practice, where applicable:
I.- In addition to the penalties laid down for crimes that are consumed, according to whether they are intentional or painful, they will be suspended for one month to two years in the exercise of the profession or definitive in case of recidivism; and
II.- They shall be obliged to repair the damage by their own acts and by those of their auxiliaries, when they are in accordance with the instructions of those.
Article 229.-The above article will apply to physicians who have given a response to take care of an injured or sick person, leave it in their treatment without justified cause, and without giving immediate notice to the relevant authority.
Article 230.-Prison will be imposed from three months to two years, up to a hundred days fines and suspension of three months to one year in the trial of the judge, the directors, managers or administrators of any health center, when they incur any of the following:
I.- Prevent the departure of a patient, when requested by the patient or his or her family members, on the basis of any kind;
II.- Retain without need to a newborn, for the reasons referred to in the final part of the previous fraction;
III.- Delay or deny for any reason the delivery of a corpse, except where competent authority order is required.
The same sanction will be imposed on those in charge or administrators of funeral agencies who unduly delay or deny the delivery of a corpse, and equally to those in charge, employees or dependents of a pharmacy, who by dispensing a prescription substitute medicine, specifically prescribed by another that causes harm or is evidently inappropriate to the condition for which it was prescribed.
Offences of lawyers, employers and litigants
Article 231.-It will be imposed from two to six years in prison, one hundred to three hundred days fine and suspension and disablement for up to a term equal to that of the penalty. previously to practice the profession, lawyers, employers, or litigants who are not ostensibly sponsored by lawyers, when they commit some of the following offences:
I.- knowingly blind false facts, or non-existent or repealed laws; and
II.- Order terms to prove what is notoriously unable to prove or not to take advantage of its share; to promote articles or incidents that motivate the suspension of the trial or resources manifestly imparted or in any other way to seek dilations that are notoriously illegal.
III.- knowingly and on the basis of false or worthless documents or false witnesses, exercise or oppose exceptions against another, before the judicial authorities or administrative; and
IV.- Simule a legal act or an act or a judicial document, or alter evidence elements and present them in judgment, in order to obtain judgment, judgment or administrative act contrary to the law.
Article 232.-In addition to the aforementioned penalties, three months to three years of imprisonment may be imposed.
I.- By sponsoring or assisting various contenders or parties with opposing interests, in the same business or in related businesses, or when the sponsorship of any is accepted and then supports the opposite side;
II.- By abandoning the defense of a customer or business without justification and causing damage, and
III.- To the defender of an inmate, be it private or of trade, that only be specified to accept the charge and to request the captive freedom mentioned in the section I of article 20 the Constitution, without promoting further evidence or directing it in its defence.
Article 233.-Defenders of trade that are without foundation do not promote the conduct of conduct in defense of the prisoners who appoint them, will be removed from their employment. For this purpose, the judges shall communicate to the Head of Advocates the respective faults.
Counterfeiting, Alteration, and Destruction of Currency
Article 234.-When you commit the crime of currency counterfeiting, you will be charged five to twelve years in prison and up to five hundred days fine.
Currency is understood for the purposes of this Chapter, banknotes and metal pieces, domestic or foreign, that have legal tender in the issuing country.
Commits the crime of currency counterfeiting to produce, store, distribute or enter into the national territory any document or piece containing images or other elements used in the circulation coins, and which is therefore suitable for misleading the public, as they are confused with legally issued coins. Whoever commits this crime to a degree of intent, will be charged with four to eight years in prison and up to three hundred days fine.
The penalty mentioned in the first paragraph of this article will also be imposed on you who knowingly make use of counterfeit currency.
Article 235.-It will be imposed from one to five years in prison and up to five hundred days fine:
I.- Al that, produces, stores, or distributes paper pieces with similar or equal size to that of banknotes, when such pieces present some of the images or elements of the contents in those, resulting in pieces with the appearance of banknotes;
II.- When you mark the coin with legends, stamps, troquels, or otherwise, that are not deletions to divulge messages addressed to the public.
III.- To which it permits the use or to perform the disposal, by any means and title, of machines, instruments or tools that can only serve for the manufacture of currency, persons not legally authorised to do so.
Article 236.-Prison will be imposed from five to twelve years and up to five hundred days fine, to which it will alter currency. The same penalty will be imposed on the knowingly circulating altered currency.
For the purposes of this article it is understood that it alters a ticket, that which forms parts by joining two or more fractions from different banknotes, and which alters a metallic coin, which decreases the content of gold, silver, platinum or palladium that consists of the monetary pieces of legal tender, by means of limes, cuts, dissolution in acids or by any other means.
Article 237.-A prison of five to twelve years and up to five hundred days shall be punished, to whom he provides his services or to perform a charge or commission in the house of currency or in any company that manufactures spellings, and which by any means, makes the gold, silver, platinum or palladium coins contain metal other than that indicated by law, or have less weight than the legal or lower alloy law.
Article 238.-Three to seven years 'imprisonment and up to five hundred days' fine, to which I illicitly take advantage of the metal content by destroying the coins in circulation by casting or any other procedure.
Counterfeiting and misuse of bearer titles, public credit documents, and credit-related documents
Article 239.-To which you commit the offence of falsification of bearer titles and public credit documents, you will be imposed from four to ten years in prison and fine Two hundred and fifty to three thousand pesos.
Commits the offense that the previous paragraph speaks of which I will falsify:
I.- Obligations or other public credit documents of the treasury, or interest or dividend coupons of those securities.
II.- Other nation's public debt obligations, interest coupons or dividends from these securities.
III.- Obligations and other securities legally issued by companies or companies or by public administrations of the Federation, States or any Municipality, and the interest or dividend coupons of the documents mentioned.
Article 240.-When you enter in the Republic or place in circulation the forged documents that the previous article speaks of, the penalty will apply to you. indicated.
Item 240 Bis.- Repeals.
Falsification of stamps, keys, cocks, or dies, marks, weights, and measurements
Article 241.-Four to nine years of imprisonment and a fine of four hundred to two thousand pesos will be imposed:
I.- To which you falsify official stamps or marks;
II.- When you falsify the punches to mark the law of gold or silver;
III.- Al which falsifies the cones or dies destined to manufacture currency or the stamp, mark or password that some authority will use to identify any object or for ensure payment of any tax;
IV.- To which you falsify the punches, matrices, irons or any other objects that serve to manufacture the shares, bonds, coupons or banknotes of which the Article 239, and
V.- To which you falsify the weight and measure inspection marks.
Article 242.-Three-month prison will be imposed on three years and fine of twenty to one thousand pesos:
I.- To which you falsify keys, the stamp of a particular, a stamp, mark, stamp or password of a house of commerce, of a bank or of an industrial establishment; or a ticket or token of a public show;
II.- Al who falsifies the stamps or marks of a foreign nation in the Republic;
III.- To which you have a false stamp, punch, or mark, hiding this vice;
IV.- To which, to defraud another alter the weights and the legitimate measures or remove from them the true marks and pass them to weights or false measures, or make use of them.
V.- To which you falsify the national or foreign labels attached;
VI.- To remove any of the stamps from which the previous fraction or the indicator mark that was already used speaks;
VII.- To which the true stamps, punches, marks, etc. are being procured, misuse them; and
VIII.- To which I knowingly make use of the stamps or some other of the false objects referred to in the previous article and the fractions I, II, V and VI of this.
Article 242 Bis.-Prison shall be imposed from one to five years and fine of two hundred to two thousand pesos, to which in any form alter the signs, marks of blood or of fire, which is used to distinguish livestock, without authorisation from the person who has them legally registered with the competent authority.
Fortification of documents in general
Article 243.-The crime of forgery will be punished, in the case of public documents, with imprisonment of four to eight years and two hundred to three hundred and sixty days fine. In the case of private documents, with prison from six months to five years and from one hundred and eighty to three hundred and sixty days fine.
If the counterfeit is a public servant, the penalty in question will be increased by up to one half.
Article 244.-The offense of document falsification is committed by any of the following means:
I.- Putting a fake signature or rubric, even if it is imaginary, or altering a true one;
II.- improperly taking advantage of an alien signature or rubric, extending an obligation, release or any other document that may compromise the goods, the honor, the person or the reputation of another, or cause injury to the company, the State or a third party;
III.- Altering the context of a true document, after it is concluded and signed, if this will change its sense about any circumstance or substantial point, be it done adding, amending or deleting, in whole or in part, one or more words or clauses, or already varying the score;
IV.- Variating the date or any other circumstance relative to the time of execution of the act that is expressed in the document;
V.- Atributing to the one that extends the document, or attributing to the person in whose name it does so: a name or an investiture, quality or circumstance that it does not have and that is necessary for the validity of the act;
VI.- Redacting a document in terms of changing the convention held in a different one in which the declaration or provision of the grantor varies, the obligations that proposed to contract, or the rights it should have acquired;
VII.- Adding or altering clauses or statements, or settling as certain false facts, or as confessed those who are not, if the document they settle in, extendiere to record and test them;
VIII.- Exasking an alleged testimony of documents that do not exist; giving it from another existing one that lacks the legal requirements, falsely assuming that it has them; or another that does not lack them, but adding or deleting in the copy something that amounts to a substance variation, and
IX.- By altering a translator or paleograph the content of a document, by translating or decrypting it.
X.- By making plates, gaffes, flags, documents, or any other official identification, without the authorization of the corresponding authority.
Article 245.-For the document forgery offense to be punishable as such, the following requirements are required:
I.- That the employer intends to make some profit for himself or another, or to cause harm to society, the state or a third party;
II.- That results or may be detrimental to society, the State or a particular, whether in the assets of this or already in its person, in its honor or in its reputation, and
III.- That the person who is a member of the employer does the falsification without the consent of the person to whom it is or may be the result of injury or without the person in whose name the document was made.
Article 246.-You will also incur the penalty mentioned in Article 243:
I.- The official or employee who, by deception or surprise, would make someone sign a public document, which they would not have signed knowing their content;
II.- The Notary and any other public official who, in the exercise of their duties, issues a certification of facts that are not true, or gives faith of what is not cars, records, protocols or documents;
III.- The one who, in order to be exempted from a service legally, or from an obligation imposed by law, assumes a certification of illness or impairment that does not have issued by a surgeon, whether there is actually the person to whom it is attributed, whether it is imaginary or already taking the name of a real person, falsely attributing to them the quality of the doctor or surgeon;
IV.- The physician falsely certifying that a person has a disease or other impairment enough to dispense with a service required by law, or to comply an obligation which it imposes, or to acquire any rights;
V.- The one that makes use of a true certification issued to another, as if it has been in his favor, or alter the one that he was issued with;
VI.- The telegraphic, telephone, or radio service managers who assume or falsify a dispatch of that class, and
VII.- He who knowingly makes use of a false document or copy, transcript or testimony of it, is public or private.
Falsehood in court statements and in reports given to an authority
Article 247.- They will be imposed from four to eight years in prison and one hundred to three hundred days fine:
I.- When questioned by any public authority other than the judicial authority in the exercise of their duties or on the occasion of their duties, I shall be missing the truth.
III.- To which you bribe a witness, a expert or an interpreter, to occur with falsehood in judgment or to compel or commit them by intiating or otherwise;
IV.- To which, according to the law, with any character except the witness, be examined and fail to the truth to the detriment of another, denying being his signature with that have subscribed to the document or by stating a false fact or by alternating or denying a true one, or its substantial circumstances.
The prevented in this fraction does not understand the cases in which the party is examined on the amount in which it considers a thing or when it has the character of a defendant;
V.- To which I hold a report as a responsible authority, in which I will affirm a falsehood or deny the truth in all or part.
Article 247 Bis.- They will be imposed from five to twelve years in prison and three hundred to five hundred days fine:
When examined by the judicial authority as a witness or expert, I will be missing the truth about the fact that it is about finding out, or aspects, quantities, qualities or other circumstances that are relevant for establishing the meaning of an opinion or opinion, either by claiming, denying or mischievously concealing the existence of any data that may serve as evidence of the truth or falsehood of the main event, or increase or decrease its severity, or serve to establish nature or special technical or scientific details which are important for the authority to decide on matters in question in the case where the testimony or the expert opinion is discharged.
When the sentenced person is sentenced to more than twenty years in prison for false testimony or expertise, the sentence will be eight to fifteen years in prison and five hundred to eight hundred days fine.
Article 248.-The witness, expert or interpreter who spontaneously retracts his false statements rendered to any administrative or judicial authority before judgment in the instance in which he or she will give them, he shall pay only 30 to 180 days fine, but if he fails to do so by retracting his statements, the appropriate sanction shall be applied to him in accordance with the provisions of this chapter, considering it as a repeat.
Article 248 Bis.- Al that for the purpose of blaming someone as responsible for a crime before the authority, simulate against them the existence of material tests that they do Assume responsibility, you will be given two to six years imprisonment and one hundred to three hundred days fine.
Variation of name or address
Article 249.-Ten to 80 days of work will be imposed in favor of the community:
I.- To hide your name or last name and take another imaginary or someone else's, when you declare to the judicial authority;
II.- To which in order to circumvent the practice of a judicial diligence or a notification of any kind or summons of an authority, hide its domicile, or designate a different one or negate the true, and
III.- The official or public employee who, in the acts of his or her own office, attributes to a person title or name knowingly that it does not belong to him.
Usurpation of public or profession functions and misuse of decorations, uniforms, hierarchical grades, currencies, badges and acronyms
Article 250.-One to six years imprisonment and a fine of one hundred to three hundred days to whom:
I.- To which, without being a public official, that character is attributed and exercised some of the functions of such;
II.- To which without having professional qualifications or authorization to exercise any regulated profession, issued by authorities or bodies legally qualified to do so, in accordance with the provisions of Article 5 of the Constitution.
a).- The character of the professionist is attributed
b).- Perform acts of a professional activity, except as provided for in the 3rd. paragraph of Article 26 of the Rules of Procedure of Articles 4 or 4. and 5o. Constitutional.
c).- Publicly offer your services as a professional.
d).- Use a title or authorization to perform some professional activity without being entitled to it.
e).- In order to profit, be a professional legally authorized for the purpose of professional practice or administer some professional association.
III.- A foreigner who exercises a regulated profession without having the authorization of a competent authority or after the expiry of the period of time that the latter has granted him.
IV.- To which you will use public server credentials, decorations, uniforms, hierarchical grades, currencies, badges, or acronyms that you are not entitled to. It may be increased to half its duration and amount, when they are exclusively used by the Mexican Armed Forces or some police corporation.
Article 250a.- To which you commit the crime of falsification of uniforms and foreign exchange of the armed forces or any public security institution, you may be impose five to twelve years in prison and up to five hundred days fine.
Commits the crime of falsification of uniforms and foreign exchange of the armed forces or of any public security institution, which without authorization from the institution manufacture, make, produce, print or paint, any of the uniforms, insignia, identification cards, medals, foreign-exchange, gaffes, shields, documents, adheribles, flags or parts containing images, other elements used in such institutions.
It is understood by uniforms, currencies or insignia for the purposes of this article, those indicated in the applicable provisions of the armed forces or any other public security institution.
Article 250a 1.- It will be imposed from one to six years in prison and one hundred to three hundred days fine to whom:
I.- Store, distribute, own, or enter the uniform or foreign national territory of the armed forces or any public security institution counterfeited;
II.- Admit, enajene or use by any means or title, uniforms, currency, beacon, identification credentials or insignia of the armed forces or any public security institution, forged;
III.- Obtain, retain, facilitate, or dispose of the true uniforms or foreign exchange of the armed forces or any security institution without authorization public;
IV.- When vehicles are used with balizage, colors, equipment, originals, counterfeited or with appearance such that they resemble the vehicles used by the armed forces or public security institutions, and
V.- When you use uniforms, balizage, badges, identification credentials, and foreign currency with similar or equal size to the armed forces or public security institutions, when these pieces, without being copied from the original, present some of the images or elements of the contents in those, resulting in objects or pieces with similar appearance, confused with the ones emitted legally, in order to impersonate the public server.
It will be imposed from five to twelve years in prison and from two hundred to six hundred days fine to anyone who conducts any of the behaviors provided for in this article for the purpose of commit a crime or when the active subject is or has been a public servant of the armed forces or any public security institution.
For the purposes of this article, it is understood by uniforms, insignia, identification credentials, medals, currency, beacon, gaffes, shields, documents, adheribles, flags or parts containing images or other elements used in institutions of the armed forces or of public security or prosecution, those referred to in the applicable provisions of those institutions and only those that are acquired, distributed, shall be considered authentic or in the case of persons authorised to do so, or who have been awarded the respective contract by the competent institution, in accordance with the applicable provisions.
Common provisions to the preceding chapters
Article 251.-If the Offender makes use of the false documents or objects detailed in this Title, the forgery and the offense that through it will be accumulated. committed the offender.
Article 252.-The provisions contained in this Title shall not apply but shall not be provided for in the special laws or shall not be subject to the provisions of this Title. they.
Crimes Against Public Economy
Crime against national consumption and wealth
Article 253.-These are acts or omissions that seriously affect domestic consumption and will be punished with imprisonment of three to ten years and with two hundred to a thousand days fine, the following:
I.- Those related to items of consumption necessary or generalized or with the raw materials necessary to produce them, as well as with the raw materials essential for the activity of the national industry, consisting of:
a).- The hoarding, concealment or unjustified refusal for sale, in order to obtain an increase in prices or to affect the supply to the consumers.
b).- Any act or procedure that prevents or hinders, or proposes to prevent or hinder the free competition in production or in trade.
c).- The limitation of production or handling that is made of it, with the purpose of keeping the goods at unfair price.
e).- The suspension of the production, processing, distribution, supply or sale of goods or of the provision of services, carried out by industrialists, traders, producers, entrepreneurs or service providers, with the to obtain an increase in prices or to affect the supply of consumers.
If the unlawful conduct is stopped within two working days of the time when the competent administrative authority so requires, the applicable penalty shall be six months. three years in prison, or one hundred to five hundred days fine;
f).- The export, without permission of the competent authority where this is necessary in accordance with applicable legal provisions.
g).- The sale with immoderate profit, by producers, distributors or merchants in general. In cases where the improper profit is less than the equivalent of sixty days of the general minimum wage in force in the region and at the time the crime is consumed, it will be punished with imprisonment of two to six years and sixty to three hundred days. fine;
h).- Distraer, for uses other than goods which have been supplied for a particular purpose, by a public entity or by its distributors, where the price at which the goods were delivered is less than that which it has if intended for other uses.
i).- Prevent or attempt to prevent the generation, conduction, transformation, distribution or sale of utility electric power.
j).- Interrupt or intentionally interfere with production, or the service of storage or distribution of natural gas, artificial or liquefied petroleum.
II.- For the sale or packaging of goods for sale, in quantities less than that indicated as net content and outside the respective tolerance or without indicating on the packaging or packaging the official maximum selling price to the public, where the obligation to do so is required.
III.- Deliver dolly and repeatedly, when the measurement is made at the time of the transaction, goods in smaller quantities than the agreed ones.
IV.- Alter or reduce by any means the properties that the goods or products should have.
V. Revender a public body, at minimum guarantee prices or those authorized by the Secretariat of Economy, agricultural, maritime, river and lake products purchased at a lower price. The same sanction shall apply to the employee or civil servant of the public body who knowingly buys them from such a situation or who leads the producer to sell at lower prices to third parties.
In any of the cases mentioned in the above fractions, the judge may also order the suspension for up to one year or the dissolution of the company from which the offender is a member or representative, if the circumstances referred to in Article 11 of this Code are met.
In the cases of points (a), (f) and (h), of section I and IV of this article, the authority having knowledge of the facts shall immediately proceed to deposit the articles. (a) necessary or generalized consumption, raw materials for making them or raw materials essential for national industrial activity. The deposit shall be made in a general warehouse of deposit which is a national auxiliary credit organization and the goods shall be generically designated, in the terms of Article 281 of the General Law of Titles and Credit Operations; In the case of goods the special nature of which does not permit the generic deposit, the specific one shall be constituted, also stating the period and the conditions under which it shall be sold or destroyed in accordance with Article 282 thereof. Law. The certificate of deposit issued shall be of a non-negotiable nature and shall be sent to the Public Ministry or, where appropriate, to the Judge who is familiar with the process, for the purposes of the deposit.
The provisions of this Article shall apply without prejudice to the administrative measures and penalties laid down by the relevant laws.
Article 253 Bis.-(Repeals).
Article 254.-Article 253 penalties apply equally:
I.- For the improper destruction of raw materials, agricultural or industrial products or means of production, to be done to the detriment of domestic consumption;
II.- When the spread of a disease of plants or animals with danger from the rural economy is caused;
III.- When false, exaggerated or tendentious news is published or any other undue means cause disruption to the internal market, whether it be goods, of currencies or securities and trade effects.
IV.- To which the dolously, in commercial operations export domestic goods of inferior quality, or in less quantity of the agreed.
V.- To which it dolously acquires, possesses or traffishes with seeds, fertilizers, pesticides, implements and other materials destined for agricultural production that have been delivered to producers by some entity or public dependency at subsidized prices.
In irrigation districts, irrigation water will be considered as material at subsidized price.
If the one who delivers the referred inputs, is the producer who received them from the official institutions, he will be given a 3-day sentence to 3 years in prison.
VI.- To officials or employees of any entity or public dependency who deliver these inputs to those who are not entitled to receive them; or who improperly deny or delay the delivery to those entitled to receive them, the penalties provided for in Article 253 shall be secured.
VII. To which, without the right and without the consent of the person who can legally authorize, subtract or take advantage of hydrocarbons or their derivatives, of the equipment or installations of the oil industry referred to in the Law Regulatory of the Article 27 Constitutional in the Ramo del Petroleo, other than those provided for in part IV of the article 368 Quater of this Code, whatever its physical state; or perform any subtraction or alteration of such equipment or installations.
The corresponding penalty will be increased by a half when it is carried out in the pipelines or its facilities affected by the oil industry or when the person responsible is or has was a worker or public servant of that industry.
VIII. To whom the measuring instruments used to dispose of or supply refined hydrocarbons, processed or derived thereof, may be altered. In this case the appropriate sanction will be increased by up to one half when the person responsible is or has been a worker or public servant of the oil industry, and
IX. To which it is not entitled to perform any subtraction or alteration of equipment or installations of the public electric power service.
The penalties corresponding to the offences provided for in this article will be increased by one half more for the worker or public servant who, on the occasion of their work, provide information on the facilities, equipment or the operation of the industry which is useful or which can assist the commission of the reference offences.
Article 254 bis. It shall be punishable by imprisonment of five to ten years and with a thousand to ten thousand days of fine, to whom it celebrates, orders or executes contracts, agreements, arrangements or combinations between competing economic agents, the object or effect of which is any of the following:
I. Set, raise, arrange or manipulate the sale or purchase price of goods or services to which they are offered or demanded on the markets;
II. Establish an obligation not to produce, process, distribute, market or acquire but only a restricted or limited amount of goods or the provision or transaction of a restricted or limited number, volume or frequency of services;
III. Divide, distribute, assign or impose portions or segments of a current or potential market or goods and services, through certain or determinable customers, suppliers, times or spaces;
IV. Establish, arrange or coordinate positions or abstention in tenders, contests, auctions or coins, and
V. Exchange information with any of the objects or effects referred to in the previous fractions.
The crime provided for in this article will be pursued by the Federal Economic Competition Commission or the Federal Telecommunications Institute, according to corresponds to, which may be formulated only with the opinion of probable liability, in the terms of the provisions of the Federal Law of Economic Competition.
There shall be no criminal liability for economic operators who benefit from the benefit referred to in Article 103 of the Federal Law on Economic Competition, prior to Resolution of the Federal Economic Competition Commission or of the Federal Telecommunications Institute which determines that it complies with the terms laid down in that provision and the other applicable terms.
The processes followed by this crime can be dismissed at the request of the plenary of the Federal Economic Competition Commission or the Federal Telecommunications Institute, where the defendants comply with the administrative penalties imposed and, in addition, the requirements laid down in the technical criteria issued by the Federal Economic Competition Commission or the Federal Telecommunications Institute are met.
The criminal action shall prescribe within a period equal to the arithmetic mean term of the custodial sentence referred to in the first paragraph of this article.
Article 254 bis 1. It shall be punishable by imprisonment of one to three years and with five hundred to five thousand days of fine, to whom by itself or by person, in the practice of a verification visit, by any means alter, destroy or disturb in total or partial form documents, images or electronic files containing information or data, in order to divert, impede or impede the investigation of a possible criminal act or the practice of administrative diligence.
Article 254 Ter.-It shall be imposed from three months to one year of imprisonment or one hundred to three hundred days fine to whom, without rights, obstructing or preventing in whole or in part, access or the operation of any of the equipment, installations or buildings affected by the oil industry referred to in the Regulatory Law of Article 27 Constitutional in the Oil Ramo or of equipment, installations or buildings affections of the public electrical energy service.
If with the acts referred to in the previous paragraph there is any damage, the penalty will be two to nine years in prison and two hundred and fifty to two thousand days fine.
Vagos and Malliving
Crimes against Freedom and Normal Psychosexual Development
Sexual Harassment, Sexual Abuse, Study and Violation
Article 259 Bis.-To which you repeatedly besiege the person of any sex, using its hierarchical position derived from its labor relations, teachers, domestic or any other that implies subordination, will be imposed for up to forty days fine. If the harasser is a public servant and uses the means or circumstances that the order provides, he will be removed from office.
Only sexual harassment will be punishable, when damage or harm is caused.
Only the harasser will proceed, at the request of an offended party.
Article 260. Comet the offense of sexual abuse who executes in a person, without their consent, or force them to execute for themselves or in another person, sexual acts without the purpose of reaching the copula.
To whom you commit this crime, you will be sentenced to six to ten years in prison and up to two hundred days fine.
For the purposes of this article, it is understood by sexual acts that obscene bodily touching or manoseous, or those representing acts explicitly sexual or obliging to the victim to represent them.
It is also considered sexual abuse when the victim is forced to observe a sexual act, or to exhibit her body without her consent.
If violence, physical or psychological is used, the penalty will be increased by one-half at its minimum and maximum.
Article 261. To whom you commit the offense of sexual abuse in a person under the age of fifteen years or in person who does not have the ability to understand the meaning the fact, even with your consent, or that for any cause you cannot resist it or force it to execute it itself or in another person, you will be imposed a penalty of six to thirteen years of imprisonment and up to five hundred days fine.
If violence is used, the penalty will be increased by one-half at its minimum and maximum.
Article 262. To which you have copula with a person of more than fifteen years and under eighteen, obtaining your consent by means of deception, you will be charged with three months to four years in prison.
Article 263.-In the case of the previous article, the active subject will not be held, but by complaint by the offended or their representatives.
Article 265. Comet the crime of rape who, through physical or moral violence, performs copulation with any sex, will be imposed eight to twenty years.
For the purposes of this article, it is understood by copula, the introduction of the virile member into the body of the victim by vaginal, anal or oral route, regardless of their sex.
It shall also be considered as a violation and shall be punishable by imprisonment of eight to twenty years for which any element or instrument other than that of the vaginal or anal a virile member, through physical or moral violence, whatever the sex of the offended.
Article 26a.-If the victim of the violation was the wife or concubine, the penalty provided in the previous article will be imposed.
This offense will be pursued by offended party.
Article 266. The violation will be equated and eight to thirty years of imprisonment will be sanctioned:
I. To whom without violence, conduct copulation with a person under the age of fifteen years;
II.- To which without violence does copulation with person who does not have the capacity to understand the meaning of the fact or for any cause cannot resist it; and
III. To which without violence and for lewd purposes, any element or instrument other than the virile member in a person less than 15 years of age or person who has no capacity to understand the meaning of the done, or for any cause you cannot resist, whatever the sex of the victim.
If physical or moral violence is exercised, the minimum and maximum penalty will be increased by up to one half.
Article 266 Bis.-The penalties intended for sexual abuse and rape will be increased by up to a half at its minimum and maximum, when:
I.- The offense is committed with direct or immediate intervention by two or more people;
II.- The offence is committed by an ascendant against his or her descendant, the latter, the brother against his collateral, the guardian against his pupil, or the stepfather or amasio of the mother of the offended against the stepson. In addition to the prison sentence, the guilty party will lose the parental authority or the guardianship, in the cases in which it is exercised over the victim;
III.- The offence is committed by the person who carries out a post or public employment or exercises his profession, using the means or circumstances that they provide. In addition to the sentence of imprisonment, the sentenced person shall be removed from office or employed or suspended for the term of five years in the exercise of that profession;
IV.- The offence is committed by the person who has the offence in his custody, keeps or education or takes advantage of the trust in the deposit.
Article 272. It will be punishable by one to six years in prison, the offence of incest when the ascendants have sex with their descendants, as long as the latter are older.
(Second paragraph is repealed)
(Third paragraph is repealed)
When the victim is a minor, the behavior will always be understood as a violation.
Article 273.- (Repeals).
Article 274.- (Repeals).
Article 275.- (Repeals).
Article 276.- (Repeals).
Article 276-Bis.-When, as a result of the commission of any of the offences provided for in this Title, children, the repair of the damage shall comprise the payment of food for these and for the mother, in terms of the civil legislation for divorce cases.
Crimes Against the Civil State and Bigamia
Article 277.-One to six years of imprisonment and a fine of one hundred thousand pesos will be imposed, to which in order to alter the civil state they incur some of the violations following:
I.- Attribute a newborn child to a woman who is not really her mother;
II.- Make an unverified birth register in the civil status offices;
III.- To parents who do not present a child of their own to the Registry for the purpose of making him lose their marital status, or falsely declaring his or her death, or presenting it hiding their names or assuming that the parents are other people;
IV.- To those who replace a child with another child, or commit infant concealment, and
V.- To which you usurp the marital status of another in order to acquire family rights that do not correspond to you.
Article 278.-The one that commits any of the crimes expressed in the previous article, will lose the right to inherit that it has in respect of the persons to whom the commission The crime will harm your family rights.
Article 279.-Up to five years in prison or 180 to 360 days fine shall be imposed upon which, being united with a person in undissolved or declared void, contract another marriage to legal formalities.
Crimes and Exhumations Matter
Violation of laws on inhumations and exhumations
Article 280.-Prison will be imposed from three days to two years or from 30 to 90 days fine:
I.- When hiding, destroying or burying a human corpse or fetus, without the order of the authority to give it or without the requirements of the Civil and Sanitary Codes or special laws;
II.- To hide, destroy, or without the corresponding license, bury the body of a person, provided that the death has been caused by blows, wounds or other injuries, if the inmate knew that circumstance.
In this case no sanction will be applied to the ascendants or descendants, spouse or brothers of the person responsible for the homicide, and
III.- When I exhume a corpse without legal or rights violation requirements.
Article 281.-It will be imposed from one to five years in prison:
I.- Al that violates a mound, a sepulchre, a grave, or a coffin, and
II.- Al who profane a corpse or human remains with acts of vilification, mutilation, brutality or necrophilia. If the acts of necrophilia consist in the realization of the intercourse, the prison sentence will be four to eight years.
Crimes Against People's Peace and Security
Article 282.-Three-day penalty will be applied to one year in prison or 180 to 360 days fine:
I.- Al who in any way threatens another with causing him a wrong in his person, in his assets, in his honor or in his rights, or in the person, honor, property or rights of someone with whom he is linked with some bond, and
II.- To which by means of threats of any kind try to prevent another from executing what you have the right to do.
If the offence is any of the relatives or persons referred to in Articles 343 a and 343 b, in the latter case as long as they live in the same domicile, will increase the penalty for up to a third of its minimum and maximum.
If the person offended by the threat is a victim or an offence or witness in criminal proceedings, the sentence will be four to eight years in prison and one hundred to three hundred days. fine.
The offences provided for in this Article shall be pursued by complaint, with the exception of the offences set out in the preceding paragraph, which shall be prosecuted.
Item 283.-Caution will be required to not offend:
I.- If the damage with which it is threatened is mild or avoidable;
II.- If the threats are by means of emblems or signs, hieroglyphics or double-meaning phrases, and
III.- If the threat has a condition that the threat does not execute an illicit event itself. In this case, the threat will also be required if the judge deems it necessary.
If you do not give the cause of non-offending, you will be given a three-day prison term of six months.
Article 284.-If the threat meets its threat, the threat of the threat and the crime resulting from it will be accumulated.
If the threatening person demanded that the threat be a crime, the threat sanction will be accumulated as appropriate for his participation in the crime that results.
Article 285-Two years of imprisonment and a fine of ten to 100 pesos shall be imposed from one month, to which, without justification, without a competent authority and out of the cases in the law permits, is introduced, furtively or with deception or violence, or without permission of the authorized person to give it, to a department, housing, room or dependencies of an inhabited house.
Article 286.-To which in depopulated or in solitary place use violence on a person for the purpose of causing a bad, to obtain a profit or to demand his assent for any purpose and whatever the means and the degree of violence used, and regardless of any criminal acts committed, shall be punishable with imprisonment of one to five years.
The penalty will be ten to thirty years in prison for which in general communications such as roads, roads, bridges or railways, make use of violence against the occupants of a public or private transport vehicle.
Article 287.-If the leavers attack a population, they will apply from twenty to thirty years in prison to the ringleaders or bosses, and from fifteen to twenty years to the others.
Crimes Against Life and Corporate Integrity
Article 288.-Under the name of injury, not only wounds, scorions, contusions, fractures, dislocations, burns, but any alteration in health are understood. and any other damage that leaves material footprint on the human body, if those effects are produced by an external cause.
Article 289.-To which an injury is inferred that does not endanger the life of the offended and late in healing less than fifteen days, will be imposed from three to eight months of imprisonment, or Thirty to fifty days fine, or both sanctions in the judgment of the judge. If I will take more than fifteen days to heal, two years ' imprisonment will be imposed on him, and sixty to two hundred and seventy days fine.
In such cases, the offence shall be pursued by complaint, except as provided for in Article 295, in which case it shall be pursued ex officio.
Article 290.-Two to five years of imprisonment and a fine of 100 to three hundred pesos will be imposed, which infers an injury that leaves the offended scar on the face, perpetually notable.
Article 291.-Three to five years of imprisonment and a fine of three hundred to five hundred pesos will be imposed, which is an injury that will forever disturb the view, or decrease the The ability to hear, hinder, or permanently weaken a hand, foot, arm, leg, or other organ, use of the word, or any of the mental faculties.
Article 292.-Five to eight years of imprisonment to which an injury resulting from a safe or likely incurable disease will be imposed. or the loss of one eye, one arm, one hand, one leg or one foot, or of any other organ; when it is damaged forever, any organ function or when the offended is deaf, impotent or with an incorrigible deformity.
They will be imposed from six to ten years in prison, to which they infer an injury as a result of which permanent incapacity to work, mental alienation, loss of sight or speech or sexual functions.
Article 293.-To which you infer life-threatening injuries, you will be imposed from three to six years in prison, without prejudice to the penalties that correspond to you. the previous articles.
Article 295.-When exercising the parental authority or the guardianship infers injury to minors or pupils under his or her guardian, the judge may impose it, in addition to the corresponding penalty injury, suspension or deprivation in the exercise of those rights.
Article 297.-If the injuries are inferred in quarrel or in mourning, the penalties indicated in the articles that precede may be reduced by up to half or to five sexts, depending on the cause or the provocateur, and taking into account the greater or lesser importance of the provocation and the provisions of Articles 51 and 52.
Article 298.-The person responsible for a qualified injury will be increased to double the penalty for the simple injury caused.
Article 300.-If the victim is any of the relatives or persons referred to in Articles 343 a and 343, in the latter case as long as they inhabit the same domicile, the penalty shall be increased for up to a third of its minimum and at its maximum, in accordance with the articles preceding it, unless the offence of family violence is also criminalised.
Article 301.-Of the injuries that a person causes to be caused by an animal, the person who with that intention will be responsible for it, or release it or do the latter through carelessness.
Article 302.-Comet the crime of homicide: the one that deprives another.
Article 303.-For the application of the penalties that correspond to the one that infringes the previous article, an injury will not be fatal, but when the three are verified. following circumstances:
I.- That death is due to alterations caused by the injury to the organ or organs concerned, any of its immediate consequences or any particular complication inevitably from the same injury and which could not be combated, either because it is incurable, because the necessary resources are not available;
III.- If the occiso body is found, declare two experts after the autopsy, when it is necessary, that the lesion was fatal, holding it to the rules contained in this article, in the following two and in the Criminal Procedure Code.
When the body is not found, or the autopsy is not done for another reason, it will be sufficient for the experts, in view of the data in the case, to declare that the death was a result of inferred injuries.
Article 304.-Whenever the three circumstances of the previous article are verified, an injury will be fatal, even if it is proven:
I.- That death would have been avoided with timely aid;
II.- That the injury would not have been fatal in another person, and
III.- What was caused by the physical constitution of the victim, or the circumstances in which he received the injury.
Article 305.-An injury will not be fatal, even if it dies that received it: when the death is the result of a cause before the injury and over which there is no influenced, or when the injury was aggravated by subsequent causes, such as the application of positively harmful medications, ingratiated surgical operations, excesses or imprudence of the patient or those who surrounded it.
Article 307.-The person responsible for any intentional manslaughter that does not have a special penalty provided for in this Code shall be imposed from twelve to twenty-four years of prison.
Article 308.-If the homicide is committed in quarrel, it will apply to its author of four to twelve years in prison.
If the homicide is committed in mourning, it will apply to its author of two to eight years in prison.
In addition to the provisions of Articles 51 and 52 for the fixing of penalties within the limits and ceilings set out above, it will be taken into account who was provoked and who the provocateur, as well as the greater or lesser importance of the provocation.
Common rules for injury and homicide
Article 310. (Repeals)
Article 312.- The one who will help or reduce another to commit suicide, will be punished with one to five years in prison; if I will lend it to the point of execute the death itself, the prison will be four to twelve years.
Article 313.-If the occiso or suicide is a minor or has any form of mental alienation, the sanctions indicated to the murderer or instigator shall apply to the murderer or instigator. qualified homicide or qualified injury.
Article 314.-By quarrel it is understood for all criminal purposes: the contention of work and not the word, between two or more people.
Article 315.-It is understood that injuries and homicide are qualified, when committed with premeditation, with advantage, with alevosia or betrayal.
There is premeditation: whenever the inmate intentionally causes an injury, after having reflected on the crime he is going to commit.
Premeditation shall be presumed when injury or homicide is committed by flooding, fire, mines, bombs or explosives; by means of poisons or any other substance harmful to health, venereal contagion, asphyxiation or enervants or for given or promised retribution; for torment, depraved motives or brutal ferocity.
Article 315 Bis.-The penalty of Article 320 of this Code shall be imposed, where the homicide is committed intentionally, for the purpose of a violation or theft by the subject active of these, against their victim or victims.
The penalty referred to in Article 320 of this Code shall also apply, where the homicide was intentionally committed in the case-room, having been penetrated by the same poaching, with deception or violence, or without permission from the person authorized to give it.
Article 316.-It is understood that there is an advantage:
I.- When the offender is superior in physical force to the offended and is not armed;
II.- When it is superior by the weapons it employs, by its greater skill in handling them or by the number of those accompanying it;
III. When it is worth some means that it weakens the defense of the offended;
IV. When the latter is innerme or fallen and that armed or standing;
V. The asset is a superior man in physical strength and the liability is a woman or a person under the age of eighteen;
VI. Homicide and injuries are caused in situations of family violence; and
VII. There is a situation of vulnerability motivated by physical or mental condition or discrimination.
The advantage will not be taken into consideration in the first three cases, if the one who has it in defence legitimate, or in the fourth, if the one who is armed or standing is the assaulted, and, in addition, there was a danger of his life for not taking advantage of this circumstance.
Article 317.-Only the advantage as a qualifier of the crimes that the previous chapters of this title speak: when it is such that the offender does not run risk of being killed or injured by the offended and that does not work in legitimate defense.
Article 318.-The alevosia consists: in intentionally surprising someone of an improviso, or employing asechanza or other means that does not give him a place to defend himself or to avoid the evil that you want to do it.
Article 319.-It is said that he works to treason: he who not only employs the alevosia but also the perfidy, violating the faith or security that he had expressly promised to his victim, or the unspoken one who was supposed to promise him for his relationships of kinship, gratitude, friendship or any other that inspires confidence.
Article 320.-The person responsible for a qualified homicide will be imposed from thirty to sixty years in prison.
Article 321 Bis.-It shall not be carried out against the person who has caused injury or homicide in tort of an ascending or descending consanguine in a straight line, brother, spouse, concubine, adopter or adopted, unless the author is under the effect of intoxicating, narcotic or psychotropic drinks, without medical prescription, or that he will not assist the victim.
Article 322.-In addition to the penalties outlined in the previous two chapters, the judges may, if they believe it appropriate:
I.- Declare prisoners subject to police surveillance, and
II.- Prohibited them from going to a particular place, municipality, District, or State, or reside in it.
Homicide by reason of kinship or relationship
Article 323. To which you deprive your ascendant or descendant of consanguine in a straight line, brother, spouse, cohabiting, companion or civil partner, concubine or concubinaire, adopter or adopted, with knowledge of that relationship shall be imposed imprisonment of thirty to sixty years.
If such knowledge is lacking, the penalty provided for in Article 307 shall be subject to the penalty provided for in any circumstances that aggravate or abided by the sanction to which the refer to previous chapters II and III.
Article 325. Comet the crime of femicide who deprives a woman of life for reasons of gender. Gender reasons are considered to exist when any of the following circumstances are present:
I. The victim presents signs of sexual violence of any kind;
II. The victim has been inflicted with infamor or degrading injuries or mutilations, prior to or after life deprivation or necrophilia acts;
III. There is a background or data of any type of violence in the family, at work or in school, of the active subject against the victim;
IV. There has been a sentimental, affective or trusted relationship between the asset and the victim;
V. There are data that establishes that there were threats related to the criminal act, harassment or injury of the active subject against the victim;
VI. The victim has been incommunicado, whatever the time before the deprivation of life;
VII. The victim's body is exposed or exhibited in a public place.
To the one who commits the crime of femicide will be imposed from forty to sixty years of imprisonment and five hundred to a thousand days fine.
In addition to the sanctions described in this article, the active subject shall lose all rights in relation to the victim, including those of a succession.
In case the femicide is not credited, the rules of the homicide will apply.
To the public servant who will later or maliciously or negligently obstruct the prosecution or administration of justice will be sentenced to three to eight years in prison and from five hundred to one thousand five hundred days fine, plus he will be removed and disabled from three to ten years to perform other employment, office or public commission.
Article 329.-Abortion is the death of the product of conception at any time of pregnancy.
Article 330.-When you abort a woman, you will be charged one to three years in prison, whatever the means you use, provided you do so with the consent of she. When consent is lacking, the prison will be three to six years and if physical or moral violence will be imposed on the offender from six to eight years in prison.
Article 331.-If the abortion is caused by a doctor, surgeon, midwife or midwife, in addition to the penalties corresponding to the previous article, you will be suspended from two five years in the exercise of their profession.
Article 332.-A year of imprisonment shall be imposed on the mother who voluntarily procurates her abortion or consents to have another abortion, if these three are present. circumstances:
I.- That does not have a bad name;
II.- That you have managed to hide your pregnancy, and
III.- That this is the result of an illegitimate union.
Any of the above mentioned circumstances will apply to you from one to five years in prison.
Article 333.-It is not punishable by abortion caused only by the imprudence of the pregnant woman, or when the pregnancy is the result of a violation.
Article 334.-No penalty shall be applied: when abortion is not caused, the pregnant woman or the product is in danger of death, in the opinion of the doctor who attends it, hearing This is the opinion of another doctor, provided that this is possible and the delay is not dangerous.
Article 335.-When you leave a child unable to care for himself or a sick person, having an obligation to care for them, they will be applied for one month to four years. imprisonment, if no harm is caused, in addition to depriving him of the parental authority or the custody, if the offender is an ascending or guardian of the offence.
Article 336.-To which no justified reason is left to your children or your spouse, without resources to attend to your subsistence needs, you will be applied for one month to five years. years of imprisonment, or 180 to 360 days fine; deprivation of family rights, and payment, as compensation for the damage, of the amounts not provided in due time by the defendant.
Article 336 Bis.-When it is dolously placed in a state of insolvency in order to avoid compliance with the food obligations that the law determines, Prison sentence of six months to three years. The judge shall decide on the application of the work product by the agent to the satisfaction of the maintenance obligations of the agent.
Article 337.-The offense of spouse abandonment will be pursued at the request of the aggrieved party. The offence of child abandonment shall be pursued on its own initiative and, where appropriate, the Public Ministry shall promote the appointment of a special guardian representing the victims of the offence, before the Judge of the case, who shall have the power to appoint him. In the case of the offence of abandonment of children, the criminal action shall be declared extinct, before the judicial authority has previously heard the representative of the minors, when the defendant covers the expired food, and provides sufficient guarantee for the Judge for the subsistence of the children.
Article 338.-In order for the pardon granted by the offended spouse to produce the defendant's freedom, he must pay all the amounts that he has left to minister. by way of food and to give bail to another course of which he will henceforth pay the amount corresponding to him.
Article 339.-If the abandonment referred to in the above articles results in injury or death, they are presumed to be premeditated for the purposes of applying the penalties for these offences.
Article 340.-When you find a child who is unable to care for himself or a person injured, invalid or threatened with any danger, be abandoned at any place, shall impose from ten to sixty working days in favour of the community if it does not give immediate notice to the authority or omit to provide them with the necessary assistance when it is able to do so without personal risk.
Article 341.-When you have run over a person, blame or fortuitously, do not provide assistance or do not ask for the assistance you require, you may be charged from fifteen to sixty days of work in favor of the community, regardless of the penalty that proceeds for the crime that with the run-over is committed.
Article 342.-When you expose a child under the age of seven who has been entrusted to you in an expundage house, or deliver it to another charity or a child any other person, without consent of which he was entrusted or of the authority in his absence, shall be charged with one to four months in prison and a fine of five to twenty pesos.
Article 343.-Ascendients or guardians who deliver in an expodation house a child who is under their authority, will lose by that fact only the rights they have over the person and goods of the exposito.
Article 343 Bis. Commits the crime of family violence who carries out acts or conduct of dominion, control or physical, psychological, patrimonial or economic, to a person with whom he is or has been united by marital bond, kinship by consanguinity, affinity or civil, concubinage, or a relationship of a couple in or out of the family home.
A person who commits the crime of family violence will be charged six months to four years in prison and will lose the right to alimony. You will also be subject to specialized psychological treatment.
Article 343 Ter. The family violence will be equated and will be punishable by six months to four years in prison for any of the acts mentioned in the the previous article against the person who is subject to the custody, custody, protection, education, instruction or care of that person.
Article 343 quater.-In all cases provided for in the two preceding articles, the Public Ministry will urge the likely person to abstain from any conduct that could be offensive to the victim and agree on the preventive measures necessary to safeguard the physical or mental integrity of the victim. The administrative authority shall monitor compliance with these measures. In all cases, the Public Ministry must request the precautionary measures that it considers relevant.
Crimes Against Honor
Golpes and other simple physical violence
Injures and Defamation
Article 350.- (Repeals).
Item 351.- (Repeals).
Article 352.- (Repeals).
Article 353.- (Repeals).
Article 354.- (Repeals).
Article 355.- (Repeals).
Article 356.- (Repeals).
Item 357.- (Repeals).
Article 358.- (Repeals).
Article 359.- (Repeals).
Common provisions for the preceding chapters
Article 360.- (Repeals).
Article 361.- (Repeals).
Article 362.- (Repeals).
Article 363.- (Repeals).
TITLE TWENTY first
Illegal Deprivation of Liberty and Other Guarantees
Article 364.- It will be imposed from six months to three years in prison and twenty-five to a hundred days fine:
I.- The particular one that deprives another of their freedom. If the deprivation of liberty exceeds twenty-four hours, the prison sentence will be increased by one more month for each day.
The prison sentence will be increased by up to one-half, when the deprivation of liberty is carried out with violence, when the victim is less than sixteen or over sixty years of age, or when, by any circumstance, the victim is in a physical or mental inferiority situation with respect to who executes it.
(Third paragraph, Repeals)
Article 365. (Repeals)
Article 365 Bis. (Repeals)
Article 366. Repealed.
Article 366a. Repealed.
Article 366 Ter.-Commits the offense of child trafficking, who transfers to a child under sixteen years of age or hands it over to a third party, unlawfully, outside the territory national, for the purpose of obtaining an undue economic benefit from the removal or delivery of the child.
Commit the offense referred to in the preceding paragraph:
I. Those who exercise parental authority or custody over the child, even if they have not been declared, when they materially perform the transfer or the delivery or have granted their consent for this;
II. The ascents without limit of grade, the collateral relatives and by affinity up to the fourth grade, as well as any third party that has no kinship with the minor.
The persons referred to in the preceding paragraph shall be deemed to act unlawfully when they are aware that:
a) Those who exercise the parental rights or custody of the child have not granted their express consent for the transfer or delivery, or
b) Those who exercise the parental rights or custody of the child shall obtain undue economic benefit from the transfer or delivery.
III. The person or persons who receive the child.
To those who commit the crime referred to in this article, they will be sentenced to three to ten years in prison and four hundred to a thousand days fine.
In addition to the penalties provided for in the preceding paragraph, the rights of parental rights, guardianship or custody shall be deprived of those who, where appropriate, have the exercise of such rights. the offence referred to in this Article.
Up to two-thirds of the penalties referred to in this Article shall apply when the transfer or delivery of the child is carried out on national territory.
Article 366 quater.-The penalties referred to in the previous article will be reduced by one half when:
I. The removal or delivery of the child is carried out without the purpose of obtaining an undue economic benefit, or
II. The person who receives the child has the purpose of incorporating it into his or her family.
The penalties referred to in this article shall be imposed on the father or mother of a child of less than sixteen years of age who unlawfully or without the consent of those who or who exercise the fatherland the child's custody or custody, without the purpose of obtaining an undue profit, to transfer it outside the national territory in order to change his habitual residence or to prevent the mother or father, as the case may be, to live with the child or to visit him.
In addition, the rights of parental rights, guardianship or custody shall be deprived of those who, where appropriate, having the exercise of such rights, shall commit the offence referred to in this Article.
In the cases referred to in this article, the offence shall be pursued on request for an offence.
TITLE TWENTY SECOND
Crimes against Persons in Their Heritage
Article 367.-Comet the offense of theft: the one that takes over a piece of furniture, without the right and without the consent of the person who can dispose of it according to the law.
Article 368.-They equate to theft and will be punished as such:
I.- The doting or wilful destruction of a piece of furniture itself, if it is found by any legitimate title held by another person and does not measure consent; and
II.- The use or use of electrical, magnetic, electromagnetic, any fluid, or any means of transmission, without the right and without the consent of the person who is legally able to dispose of them.
Article 368 Bis.-It will be punishable by three to ten years imprisonment and up to a thousand days fine, to which after the execution of the robbery and without having participated in it, possess, In any way, you will acquire or receive, the instruments, objects or products of the theft, in the knowledge of this circumstance and the intrinsic value of these is greater than five hundred times the salary.
Article 368 Ter.-To which stolen objects are placed on the market, in the knowledge of this circumstance and the intrinsic value of those objects is greater than five hundred times the salary, will be punished with a prison term of six to thirteen years and one hundred to a thousand days fine.
Article 368 Quater. You will sanction who:
I. Possess or illegally resstore crude oil or refined hydrocarbons, processed or its derivatives.
When the quantity is less than 300 liters and up to 300 liters, with prison term of six months to two years and one hundred to five hundred days fine.
When the quantity is greater than 300 litres but less than 1 000 litres, with prison term of two to four years and five hundred to a thousand days fine.
In case the amount is equal to or greater than 1 000 litres, with prison term of four to ten years and one thousand to twelve thousand days fine.
The penalty provided for in the second paragraph of this fraction shall not apply, provided that it is the possession of refined hydrocarbons, processed or its derivatives up to the quantity of 300 litres, when the active subject holds the possession of these products for consumption for agricultural or fishing activities in his/her community.
II. Enajene or supply gasolines or diesel with knowledge that you are delivering a lower amount from 1.5 percent to the amount that is recorded by the measuring instruments used for disposal or supply with penalty From prison of three to six years and five hundred to a thousand days fine.
III. Enajene or supply liquefied petroleum gas using Gas L.P. station, for carburization, with knowledge that you are delivering a lower amount from 3.0 percent to the amount that is recorded by the measuring instruments which are used for their disposal or supply with a prison term of three to six years and five hundred to a thousand days fine.
IV. Subtract or take advantage of crude oil or refined hydrocarbons, processed or its derivatives of pipelines, equipment or installations of Mexican Petroleum, its subsidiary bodies or subsidiary companies with a prison term of eight to twelve years and one thousand to twelve thousand days fine.
The penalties applicable in this article will be increased by up to one half when the person responsible is or has been a worker or public servant of the industry. oil.
The penalties corresponding to the offences provided for in this article will be increased by one half more for the worker or public servant who, on the occasion of their work, provide information on the facilities, equipment or the operation of the industry which is useful or which can assist the commission of the reference offences.
Article 368 Quinquies.- To which you commit the crime of theft of radioactive material, nuclear material, nuclear fuel, radioactive mineral or source of radiation, They will impose twelve to twenty years of imprisonment and twelve thousand to twenty thousand days fine.
Article 369.-For the application of the sanction, the theft will be completed from the moment the thief has the stolen thing in his possession; even when he leaves it or the desposeize of her. As regards the fixing of the value of the stolen, as well as the fine imposed, the salary at the time of the execution of the crime will be taken into consideration.
Article 369 Bis.-To establish the amount corresponding to the offences provided for in this Title, the general minimum wage in force at the time and time shall be taken into account at the place where the offence was committed.
Article 370.-When the value of the stolen does not exceed a hundred times the salary, it will impose up to two years of imprisonment and fine up to a hundred times the salary.
When you exceed a hundred times the salary, but not five hundred, the penalty will be two to four years in prison and a fine of one hundred to one hundred and eighty times the salary.
When you exceed five hundred times the salary, the penalty will be four to ten years in prison and fine of one hundred and eighty to five hundred times the salary.
Article 371.-To estimate the amount of the theft, only the intrinsic value of the object of the seizure will be treated, but if for any circumstance it is not estimable in money or if by its nature it is not possible to set its value, it will be applied prison of three days up to five years.
In cases of attempted theft, when it is not possible to determine your amount, they will apply from three days to two years in prison.
When theft is committed by two or more subjects, regardless of the amount of the stolen, through violence, stalking or any other circumstance that decreases If the victim's defence possibilities or puts him at a disadvantage, the penalty will be five to fifteen years in prison and up to a thousand days fine. The prohibition on going to a given place or supervision of the authority may also be applied, up to a term equal to that of the custodial sanction imposed.
Article 372.-If the theft is executed with violence, the penalty for the simple theft will be added from six months to five years in prison. If violence is another offence, the rules of cumulation shall apply.
Article 373.-Violence to people is distinguished in physical and moral.
It is understood by physical violence in theft: the material force that is made to a person to be committed.
There is moral violence: when the thief threatens or threatens a person, with a bad, present or immediate evil, capable of intimidating him.
Article 374.-For the imposition of the penalty, the theft is also to be done with violence:
I.- When this is done to a person other than the stolen person, who is in the company of it, and
II.- When the thief exercises it after the theft, to provide the leak or defend the stolen.
Article 375.-When the value of the stolen does not pass from ten times the salary, be returned by the offender spontaneously and pay this all damages, before the Authority takes cognizance of the offence shall not impose any penalty, if the theft has not been carried out by means of violence.
Article 376.-In any case of theft, if the judge believes it to be fair, it may suspend the offender from one month to six years, in the rights of parental rights, guardianship, conservatorship, expert, depositary or judicial controller, liquidator or financial controller in competitions or bankruptcy, adviser and representative of absent persons, and in the exercise of any profession of which they require title.
Article 376 bis.-When the stolen object is a land vehicle that is subject to registration in accordance with the law of the matter, with the exception of motorcycles, penalty will be seven to fifteen years in prison and one thousand five hundred to two thousand days fine.
The penalty provided for in the previous paragraph will be increased by one-half, when in the theft there is a public servant who has in his office functions of prevention, persecution or punishment. the offence or execution of penalties and, in addition, he shall be dismissed and disallowed to carry out any employment, office or public commission for a period equal to that of the prison sentence imposed.
Article 377.-It will be punishable by five to fifteen years in prison and up to a thousand days fine, to which knowingly and independently of the penalties that correspond to the Commission of other offences:
I. Dismantle any or some stolen vehicles or jointly or separately market their parts;
II. Enajene or traffic in any way with stolen vehicles or vehicles;
III. Detent, possess, custodian, alter or otherwise modify the documentation proving the ownership or identification of a stolen vehicle;
IV. Move the stolen vehicles to another federal or foreign entity, and
V. Use the stolen vehicles in the commission of another or other crimes.
To whom it provides economic or any kind of resources, for the execution of the activities described in the above fractions, it shall be deemed to be a co-participant in the terms of the Article 13 of this Code.
If, in the acts mentioned, there is a public servant participating in the acts of prevention, prosecution or punishment of the crime or the execution of sentences, in addition to the Penalties referred to in this article, will be increased to a maximum of one-half imprisonment and will be disabled to carry out any employment, office or public commission for a period equal to the prison term imposed.
Article 378.-To which you make or alter without permission of the competent authority a license plate, the engine, the circulation card, or the other official documents that are issued To identify motor vehicles or trailers they will be imposed four to eight years in prison and three hundred to a thousand days fine.
The same penalties shall be imposed on the holder, using, acquiring or enajene, any of the objects referred to in the preceding paragraph, knowing that they are stolen, falsified or which were improperly obtained.
Such penalties shall also be imposed on those who, knowingly, use for a stolen vehicle or are illegally located in the country, the plates, the engomado or the other documents officers dispatched to identify another vehicle.
Article 379.-It will not be punished to which, without employing deception or violent means, it once takes over the objects strictly indispensable to meet their needs personal or family of the moment.
Article 380.-To which you are charged the fact that you have taken an alien thing without the consent of the owner or legitimate holder and credit it to have been taken on a temporary basis and not To appropriate or sell it, you will be charged one to six months in prison or 30 to 90 days fine, provided that you justify not refusing to return it, if required. In addition, it will pay the offended, as a repair of the damage, double the rent, lease or interest of the used thing.
Article 381.- In addition to the penalty that corresponds to Articles 370 and 371, the penalties provided for in this Article shall apply to the offender. following:
I.- When the crime is committed in a closed place.
II.- When committed by a dependent or a domestic against his or her employer or any of his or her family, anywhere he commits it.
By domestic is understood; the individual who for a salary, for the single food or other stipend or service, garages or emoluments serves another, even if not alive in the house of this;
III.- When a guest or a diner or any of his or her family or the servants who accompany him, he commits it in the house where they receive hospitality, gift or gift;
IV.- When it is committed by the owner or any of his family in the house of the former, against their dependents or domestic or against anyone else;
V.- When committed by the owners, dependents, managers or servants of businesses or commercial establishments, in the places where they provide their services to the public, and in the goods of the guests or customers, and
VI.- When committed by the workers, artisans, apprentices or disciples, in the house, workshop or school in which they habitually work or learn or in the room, office, cellar or other place to which they have free entry by the indicated character.
VII.- When the victim is committed in a particular vehicle or public transport vehicle;
VIII.- When committed by taking advantage of the conditions of confusion caused by catastrophe or public disorder;
IX.- When committed by one or more armed persons, or using or carrying other hazardous objects;
X.- When committed against a bank office, collection or other in which flows are kept, against persons guarding or transporting them.
XI.- In the case of parts of vehicles parked on the public road or elsewhere intended for storage or repair;
XII.- When they are made on vessels or things that are in them;
XIII.- When committed to luggage or passenger values anywhere during the course of the journey;
XIV.- In the case of files or documents of protocol, office or public records, of documents containing the obligation, release or transmission of duties in the judicial file, with the affectation of a function public. If the offence is committed by the public servant of the office in which the file or document is found, he shall be further charged, dismissed and disallowed to perform other employment, office or public commission, from six months to three years;
XV. When the agent is worth false identifications or supposed orders of some authority;
XVI. When committed on roads or roads, and
XVII. When the object of seizure is a railway, its railway parts or equipment, the goods, values or goods that are transported by this means.
In the cases referred to in fractions I, II, III, IV, V, VI, XI, XII, XIII, XIV and XV, up to five years in prison.
In the cases referred to in fractions VII, VIII, IX, X, XVI and XVII, two to seven years in prison.
Article 381 Bis.-Without prejudice to the sanctions that are to be imposed pursuant to Articles 370, 371 and 372, they shall apply from three days to ten years of imprisonment for which buildings, dwellings, rooms or rooms which are inhabited or intended for a room, in this denomination not only those which are fixed on the ground, but also the movable ones, whatever the matter of which they are built, so as in those places or establishments intended for commercial activities. In the same terms, one or more heads of cattle will be punished in the open field or the solitary place. Where the theft is carried out on one or more heads of smaller livestock, in addition to the provisions of Articles 370, 371 and 372, up to two thirds of the penalty in this article shall be imposed.
Abuse of trust
Article 382.-To which, to the detriment of someone, you have for yourself or for another, of any piece of furniture, of which the holding has been transmitted to you and not the domain, penalize with imprisonment up to 1 year and fine up to 100 times the salary, when the amount of the abuse does not exceed 200 times the salary.
If you exceed this amount, but not 2000, the prison will be 1 to 6 years and the fine of 100 up to 180 times the salary.
If the amount is greater than 2,000 times the salary the prison will be from 6 to 12 years and the fine of 120 times the salary.
Article 383.-It is considered as breach of trust for the purposes of the penalty:
I.- The fact of having or subtracting a thing, its owner, if it has been foreclosed on it and has it in its possession with the character of a judicial depository, or if it has been given in garment and retains it in its possession as a depositary under a contract concluded with a Credit Institution, to the detriment of the credit institution.
II.- The fact that the item is deposited, or the judicial depositary or the designated by or before the authorities, administrative or work.
III.- The fact that a person makes a deposit appear as his own that guarantees the captive freedom of a person and who does not correspond to the property.
Article 384.-The illegitimate possession of the retained thing is reputed as breach of trust if the holder or holder of it does not return it despite being formally required by who is entitled, or does not surrender it to the authority, so that he or she has the same conformity with the law.
Article 385.-It is considered as breach of trust and will be punishable by six months to six years in prison and fine up to a hundred times the salary to whom it has improperly or refuse without justification to deliver a vehicle received in a competent authority deposit, related to vehicle traffic offences, having been required by the authority which is aware of or continues to be aware of the case.
Article 386.-Comet the crime of fraud, which fooling one or taking advantage of the error in which it is found is made illicitly from something or profit. undue.
The offense of fraud will be punishable by the following penalties:
I.- With imprisonment of 3 days to 6 months or 30 to 180 days fine, when the value of the defrauded does not exceed ten times the salary;
II.- With imprisonment of 6 months to 3 years and fine of 10 to 100 times the salary, when the value of the defrauded exceeded 10, but not of 500 times the salary;
III.-With prison of three to twelve years and fine up to a hundred and twenty times the salary, if the value of the defrauded is greater than five hundred times the salary.
Article 387.-The same penalties as in the previous article, will be imposed:
I.- To which you obtain money, securities or anything else by offering to take charge of the defense of a defendant or an inmate, or of the address or sponsorship in a civil or civil matter administrative, if it does not perform that or does not perform this, either because it does not legally take charge of it, or because it renounces or abandons the business or the cause without justification;
II.- To which, for a consideration, it has something with knowledge that it has no right to dispose of it, or the lease, hypotheque, whether or not it is in any other way, if you have received the price, the rent, the amount in which the tax, part of them or an equivalent profit;
III.- When you obtain from another a quantity of money or any other profit, giving it to you or endorsing it in your own name or another, a nominative document, to the order or to the bearer against an alleged person or the grantor knows that he/she should not pay him;
IV.- To which something is served or supports a service in any commercial establishment and does not pay the amount;
V.- When you buy a piece of furniture by offering to pay your spot price and return after you receive it, make the payment or return the item, if the seller requires you to do so first within fifteen days of receiving the buyer's thing;
VI.- To which you have sold a piece of furniture and received its price, if you do not deliver it within 15 days of the agreed period or do not return the amount in the same term, in the case that the latter is required to do so.
VII.- Al that sells to two persons the same thing, whether movable or root, and receives the price of the first or second disposal, of both or part of it, or any other profit to the detriment of the first or second purchaser.
VIII.- When using ignorance or poor economic conditions of a person, obtain from this user advantage through contracts or agreements in which It is stipulated in revenue or profit in excess of the usual on the market.
IX.- To which to obtain undue profit, put in circulation tokens, cards, planchuelas or other objects of any matter as conventional signs in substitution of the legal currency;
X.- To which you will simulate a contract, an act or a court document, to the detriment of another or to obtain any undue benefit.
XI.- Al that by sweepstakes, raffles, lotteries, promises of sale or by any other means, stay in whole or in part with the amounts received, without delivering the goods or object offered.
XII.- The manufacturer, employer, contractor, or builder of any work, employing in the construction of the work, materials in quantity or quality below the agreed or less than the stipulated labor, provided that it has received the price or part of it;
XIII.- To the seller of building materials or any species, having received the price of them, I will not deliver them in their entirety or quality agreed;
XIV.- When you sell or transfer a negotiation without authorization from the creditors of it, or without the new acquirer committing to respond to the credits, provided that the latter are insolute. When the alienation is made by a moral person, those who authorize the person and the leaders, administrators or leaders who carry it out will be criminally responsible.
XV.- To explain the concerns, superstition or ignorance of the people, by means of supposed evocation of spirits, divinations or healings.
XVII.- When using the ignorance or poor economic conditions of a worker at his service, he pays him lower amounts than those legally corresponding to him. for the tasks that you perform or make you grant receipts or proof of payment of any kind that amount to sums of money greater than those that you actually deliver.
XVIII.- To which having received goods with allowance or relief to give them a particular destination, the distracts of this destination or in any form detract the ends pursued with the allowance or the allowance.
XIX.- To intermediaries in transactions in the domain of real estate transfer or have real taxes on them, which obtain money, securities or securities for the amount of its price, on account of it or in order to constitute such a charge, if it is not intended, in whole or in part, for the purpose of the concerted operation, at its disposal for its own benefit or for another.
For the purposes of this offence it is understood that an intermediary has not given his or her destination, or a provision, in whole or in part, of the money, securities or securities obtained by the amount of the the price or account of the real estate object of the transfer of the domain or the real charge, if it does not make a deposit in National Financial, S. A. or any Institution of Deposit, within thirty days after its receipt in favor of its owner or holder, unless he has given it, within that term, to the seller or debtor of the actual lien, or returned to the buyer or creditor of the same lien.
The same sanctions will be imposed on managers, managers, governors with powers of dominion or administration, administrators of moral people who do not comply or do comply with the obligation referred to in the preceding paragraph.
The deposit will be delivered by National Financial, S. A. or the Deposit Institution in question, to its owner or to the buyer.
When the active subject of the crime returns to the interested parties the amounts of money obtained with his/her performance, before any conclusions are made in the respective process, the penalty which will apply to him will be three days to six months in prison.
XX.- To builders or sellers of buildings in condominium who obtain money, securities or securities for the amount of their price or on account of it, if they do not allocate them, in all or, in part, to the object of the concerted operation for its own benefit or otherwise.
It is applicable to the provisions of this fraction, as determined in the second to fifth paragraphs in the preceding fraction.
XXI.- When you free a check against a bank account, which is rejected by the corresponding national credit institution or society, in the terms of the legislation applicable, because it does not have the bookseller in the respective institution or company or because it does not have sufficient funds for the payment. The certificate concerning the absence of the account or the lack of sufficient funds for the payment, shall be made exclusively by personnel specifically authorized for that purpose by the institution or national credit company that treat.
The agent shall not proceed when the bookseller has not had the purpose of unlawfully procuring a thing or obtaining undue profit.
The institutions, national societies and auxiliary credit organizations, the insurance companies and the insurance companies, as well as the official and decentralized agencies, authorized legally to operate with buildings, except for the obligation to constitute the deposit referred to in the 19th fraction.
Article 388-To which, for any reason, the administration or the care of other non-profit-making goods is liable to prejudice the owner of the goods, by altering the accounts or terms of contracts, making any non-existent transactions or expenses appear or exaggerating the actual, concealing or withholding securities or employing them unduly, or knowingly conduct operations detrimental to the holder's assets in own benefit or a third party, the penalties laid down for the crime of fraud.
Article 388 Bis.-To which you place in a state of insolvency, in order to circumvent the obligations to your office with respect to its creditors, it shall be imposed for six months Four years in prison and fifty to three hundred days fine.
In case of bankruptcy it will be dealt with by the special law.
Article 389.-The crime of fraud is equated and will be punished with imprisonment of six months to ten years and fine of four hundred to four thousand pesos, the value of the charge to be taken in the government, in a decentralized or state-owned enterprise, or in any union of a union character, or in its relations with the officials or leaders of such organizations, to obtain money, securities, gifts, gifts, or any other benefit, in exchange for promising or providing a job, a promotion or raising of wages in such bodies.
Article 389 Bis.-Commits a crime of fraud which in itself or by person, causes public or private harm to the fractionate and to transfer or promise to transfer the property, possession or any other right on an urban or rustic land, own or foreign, with or without construction without the prior permission of the competent administrative authorities, or where the latter has not been satisfied requirements in the above. This offence will still be punishable in the event of a total or partial non-payment.
For criminal purposes, the division of land into lots is understood to be fractionating.
This offence shall be punishable by the penalties provided for in Article 386 of this Code, with the exception of the fine referred to in the third part of that provision, which shall be raised to fifty thousand pesos.
CHAPTER III BIS
Article 390.-To which without the right to force another to give, to do, to stop doing or to tolerate something, obtaining a profit for itself or for another or causing someone a disservice property, will be applied for two to eight years in prison and forty to one hundred and sixty days fine.
The penalties will be increased to a further extent if the constraint is made by a criminal association, or by public servant or ex-public servant, or by member or ex-member of some police corporation or the Mexican Armed Forces. In this case, the server or ex-public servant and the member or ex-member of a police corporation, the removal of employment, office or commission, and the disablement of one to five years for public office or commission shall be imposed, and if it is a member of the Mexican Armed Forces in a position of retirement, reserve or asset, the final discharge of the Armed Forces to which it belongs and will be disabled from one to five years for public office or commission.
Chapter III Ter
Article 390 Bis. To whom, to the detriment of the conjugal society or common heritage generated during the marriage or the concubinate, hide, transfer or acquire the name of third parties, will be subject to one to five years imprisonment and up to three hundred days fine.
From crimes committed by traders subject to competition
Dispossession of real estate or water
Article 395.-The penalty of three months to five years imprisonment and fine of fifty to five hundred pesos shall be applied:
I.- To which you own authority and do violence or furtively, or use threat or deception, occupy an alien property or make use of it, or a real right that does not belongs;
II.- To which, of its own authority and making use of the means indicated in the previous fraction, occupy a property of its property, in cases where the law does not allow it to being held by another person or exercising domain acts which damage the legitimate rights of the occupant, and
III.- To which in the terms of the above fractions, you commit water dispossession.
The penalty will be applicable, even if the right to possession of the usurped thing is doubtful or in dispute. When the dispossession takes place by group or groups, which together are larger than five people, in addition to the penalty mentioned in this article, it will apply to the intellectual authors and those who lead the invasion, one to six years in prison.
To those who are repeatedly dedicated to promoting the dispossession of urban buildings in the Federal District, they will be subject to a two-to nine-year prison sentence. It is considered that they are dedicated to promoting the dispossession of urban buildings in a repeated manner, those who have previously been condemned for this form of participation in the dispossession, or have been decreed in more than two occasions of formal imprisonment for this same offence, except where in the relevant process the fading of data, the dismissal or the acquittal of the defendant had been resolved.
Article 396.-To the penalties that the previous article points out, the one that corresponds to the violence or the threat will accumulate.
Dano in foreign ownership
Article 397.-Five to ten years of imprisonment and a fine of one hundred to five thousand pesos, to which they cause fire, flood or explosion with damage or danger of:
I.- A building, housing, or room where someone is located;
II.- Clothes, furniture, or objects in such a way that they may cause serious personal injury;
III.- Public or notarial files;
IV.- Libraries, museums, temples, schools or buildings and public monuments, and
V.- Mountains, forests, forests, grasses, mieses, or crops of any kind.
Article 398.-If in addition to the direct damage some other offense is consummated, the accumulation rules apply.
Article 399.-When by any means damage, destruction or disrepair of an alien, or of its own to the detriment of the third party, the penalties of the theft shall be applied simple.
Article 399 Bis.-The offences provided for in this Title will be pursued by complaint from the offended party when they are committed by an ascendant, descendant, spouse, relatives by consanguinity to the second degree, concubine or concubinaire, adopter or adopted and relatives by affinity to the second degree. It shall also be required for the prosecution of third parties who have been involved in the execution of the offence with the persons referred to in the preceding paragraph. If any other fact is committed, which in itself constitutes a crime, the sanction that the law states will apply.
The offences provided for in Articles 380 and 382 to 399 shall be pursued, except for Article 390 and the cases referred to in the last two paragraphs of Article 395.
TITLE TWENTY THIRD
Cover-up and Operations with Illicit Provenance Resources
Article 400.-Three-month prison will be applied to three years and fifteen to sixty days fine, to which:
I.- For profit, after the execution of the crime and without having participated in it, acquire, receive or hide the product of that person in the knowledge of this circumstance.
If the one who received the item for sale, garment or under any concept, was not aware of the illicit origin of that thing, for not having taken the necessary precautions to Ensure that the person who received it was entitled to dispose of it, the penalty will be reduced by up to one half;
(The third paragraph is repealed).
II.- Preste aid or cooperation of any kind to the author of a crime, with knowledge of this circumstance, by agreement after the execution of the said offence;
III.- Hidden or favors the concealment of the person responsible for a crime, the effects, objects or instruments of the offence or prevent it from being found;
IV. Required by the authorities, not help for the investigation of crimes or for the prosecution of criminals;
V. Do not seek, by means of legal means that have at your disposal and without risk to your person, to prevent the consummation of the crimes that you know are going to be committed or are being committed, unless you have an obligation to face the risk, in which the case shall be as provided for in this Article or in other applicable rules;
VI. Alter, modify or illicitly disturb the place, traces or vestiges of the criminal act, and
VII. Disvie or impedes the investigation of the criminal act in question or favors the defendant's failure to bring about the action of justice.
The penalty provided for in this article shall not apply in the cases of fractions III, as regards the concealment of the infringer, and IV, in the case of:
a) Ancestors and consanguineous or like descendants;
b) Spouse, concubine, concubinaire and collateral relatives by consanguinity up to fourth grade, and by affinity to the second; and
c) Those who are linked with the offender for love, respect, gratitude or close friendship derived from noble motives.
The judge, taking into account the nature of the action, the personal circumstances of the defendant and the others referred to in Article 52, may impose in the cases of cover-up the fractions I, first paragraph and II to IV of this Article, instead of the penalties indicated, up to two-thirds of which would correspond to the author of the offence; the reasons on which it is based must be stated in the judgment. to apply the sanction that authorizes this paragraph.
Operations with illicit provenance resources
Article 400 Bis. It will be imposed from five to fifteen years in prison and one thousand to five thousand days fine to which, by itself or by person, make any of the following behaviors:
I. Admit, enajene, administer, custodian, possess, change, convert, deposit, withdraw, de, or receive for any reason, invest, transfer, transport or transfer, within the national territory, from that country to the foreign or the reverse, resources, rights or property of any kind, where it is aware that they come from or represent the product of an illicit activityor
II. Hide, cover or pretend to conceal or cover up the nature, origin, location, destination, movement, ownership or ownership of resources, rights or assets, when they are aware that they come from or represent the product of an illicit activity.
For the purposes of this Chapter, it is understood that they are the product of an illicit activity, the resources, rights or assets of any nature, where there are indications founded or certain that they come directly or indirectly, or represent the proceeds derived from the commission of any crime and cannot be credited with their legitimate provenance.
In case of conduct provided for in this Chapter, in which services of institutions that integrate the financial system are used, to proceed criminally will be required the prior denunciation of the Secretariat of Finance and Public Credit.
When the Secretariat of Finance and Public Credit, in exercise of its powers of oversight, finds elements that will allow the commission of any of the crimes referred to in this Chapter, must exercise in respect of the same the powers of verification that the laws confer and to denounce the facts that are likely to constitute such illicit.
Article 400 Bis 1. The penalties provided for in this Chapter will be increased from one third to one-half, when the one performing any of the intended conduct Article 400 Bis of this Code has the character of an adviser, administrator, official, employee, proxy or service provider of any person subject to the system of prevention of operations with resources of illicit origin, or performed within two years of being separated from any of the those charges.
In addition, they will be charged with disqualification to perform employment, office or commission on moral persons subject to the prevention regime for up to a time equal to that of the penalty. of prison imposed. The disablement will begin to run from the time the prison sentence has been served.
The penalties provided for in this Chapter will be doubled if the conduct is committed by public servants responsible for preventing, detecting, reporting, investigating or judging the commission of offences or to carry out criminal sanctions, as well as to former public servants responsible for such functions who commit such conduct within two years of their termination. In addition, they will be given disqualification for employment, office or commission for up to a time equal to that of the imposed prison sentence. The disablement will begin to run from the time the prison sentence has been served.
Likewise, the penalties provided for in this Chapter shall be increased by up to a half if any of the conduct referred to in Article 400 Bis, fractions I and II, uses persons under eighteen years of age or persons who have no ability to understand the meaning of the fact or who have no ability to resist it.
Electoral Crimes and in Matter of National Register of Citizens
Article 401.-For the purposes of this Chapter, it is understood by:
I. Public servants, persons within the assumptions established by Article 212 of this Code.
Public servants and employees of the State and Municipal Public Administration shall also be understood to be Public Servants;
II. Electoral officials, who in the terms of the federal electoral legislation integrate the organs that serve electoral functions;
III. Party officials, the leaders of the national political parties and political groupings, and their representatives before the electoral bodies, in the terms of the federal electoral legislation;
IV. Candidates, citizens formally registered as such by the competent authority;
V. Public electoral documents, the minutes of the election day, the election and counting of each of the elections, electoral packages and box files, the circumstantial acts of the computer sessions of the local and district councils, and those of the multi-national constituency and, in general, all documents and minutes issued in the performance of their duties by the Federal Electoral Institute bodies; and
VI. Electoral materials, physical elements, such as urns, cancellations or modular elements for the emission of the vote, credential marker, indelible liquid, desk tools and other authorized equipment for use in the polling stations during the election day.
Article 402.-By the commission of any of the offences included in this Chapter it may be imposed in addition to the penalty indicated, the disablement of one to five years, and where appropriate, removal from office.
Article 403.-Ten to a hundred days fine and imprisonment of six months to three years, to whom:
I. Vote knowingly that it does not meet the requirements of the law;
II. Vote more than once in the same choice;
III. Do proselytizing or objectively press the voters on the day of the election day inside the polling stations or at the place where the voters are formed, in order to guide the sense of their vote;
IV. Impedes or dolously interfere with the normal development of votes, counting and counting, the transfer and delivery of the packages and electoral documentation, or the proper exercise of the tasks of election officials;
V. Pick up at any time, without reason provided by law, credentials to vote for citizens;
VI. Request votes for pay, gift, promise of money or other reward during election campaigns or election day;
VII. The day of the election day violates, in any way, the right of the citizen to cast his vote in secret;
VIII. Vote or intend to vote with a credential to vote from which you are not a holder;
IX. The day of the election day will carry out the transport of voters, coarging or pretending to coartar their freedom for the issuance of the vote;
X. Enter or subtract from the ballot box illicitly one or more electoral ballots, or take over, destroy or alter ballots, documents, or election materials, or otherwise prevent their transfer or delivery to the competent bodies;
XI. Obtain or request a signed declaration from the voter about your intention or the meaning of your vote, or that, by threat or promise of pay or gift, compromise your vote in favor of a certain political party or candidate;
XII. Prevent the installation of a cell in a violent way, or it will take the form of any conduct that is intended to prevent the normal installation of the box; or
XIII. During the eight days prior to the election and until the official time of the closing of the boxes located in the zones of the most western time zones of the national territory, publish or broadcast by any means the results of opinion polls or polls that will make people aware of the preferences of citizens.
Article 404.-Up to 500 days will be imposed on the ministers of religious cults who, in the development of public acts of their own ministry, expressly induce the voters to vote for or against a candidate or political party, or to abstain from the exercise of the right to vote.
Article 405.-It will be imposed from fifty to two hundred days fine and imprisonment of two to six years, to the electoral officer who:
I.- Alter in any form, replace, destroy, or misuse documents relating to the Federal Register of Electors;
II. refrain from complying, without justified cause, with the obligations of his office, to the detriment of the electoral process;
III.- Obstruct the normal development of voting without a justified cause;
IV. Alter the election results, subtract or destroy ballots, documents or election materials;
V. Do not deliver or prevent the timely delivery of documents or election materials, without any justified cause;
VI. In exercise of their duties, exert pressure on the electors and objectively induce them to vote for a given candidate or party, within the box or at the place where the constituents themselves are trained;
VII.- When you install, open, or dolously close a box outside of the times and forms provided for by the law of the matter, install it in place other than the legally appointed one, or prevent your installation;
VIII. Without cause provided by the law, click or order the removal of the polling station from representatives of a political party or take the rights that the law grants to them;
X. Allow or tolerate a citizen to cast their vote knowingly that they do not comply with the requirements of law or that one or more ballot papers are unlawfully introduced; or
XI. Propale, in a public and painful manner, false news about the development of the election day or its results.
Article 406.-One hundred days fine and imprisonment of one to six years, the party official or the candidate shall be imposed:
I. Exert pressure on the voters and induce them to abstain or to vote for a particular candidate or party within the box or at the place where the constituents themselves are trained;
II.- Conduct election propaganda while fulfilling its functions during the election day;
III. Subtract, destroy, alter, or misuse documents or election materials;
IV. hinder the normal development of the vote or subsequent acts without a justified cause, or to that end threaten or exercise physical violence over election officials;
V. Propale, in a public and painful manner, false news around the development of the election day or its results;
VI. Prevent the installation, opening or closing of a cell with violence; or
VII. Get and use knowingly and in your capacity as a candidate, funds from illicit activities for your election campaign.
Article 407.-Two hundred to four hundred days fine and imprisonment of one to nine years will be imposed on the public servant who:
I. Force your subordinates, expressly and using their authority or hierarchy, to cast their votes in favor of a political party or candidate;
II. Condition the provision of a public service, the fulfillment of programs or the performance of public works, in the field of their competence, to the issue of suffrage in favor of a political party or candidate;
III. Destine, in an illegal manner, funds, goods or services that it has at its disposal by virtue of its charge such as vehicles, buildings and equipment, to the support of a political party or a candidate, without prejudice to any penalties that may be the offence of freckling; or
IV. Provide support or provide some service to political parties or their candidates, through their subordinates, using the time corresponding to their work, in an illegal manner.
Article 408.-Penalty of suspension of their political rights will be imposed for up to six years to those who, having been elected deputies or senators, do not come forward, without cause justified in the opinion of the respective Chamber, to carry out the position within the time limit set out in the first paragraph of Article 63 of the Constitution.
Article 409.-Twenty to one hundred days fine and imprisonment of three months to five years, to whom:
I.- Provide documents or false information to the National Register of Citizens to obtain the document certifying citizenship; and
II.- Alter in any form, replace, destroy, or make improper use of the document that credits the citizenship, as in the terms of the law of the matter, to issue the National Register of Citizens.
Article 410.-The penalty referred to in the previous article may be increased by a quarter if the conduct is committed by staff of the body in charge. the service of the National Register of Citizens in accordance with the law of the matter, or if it is a foreign nationality.
Article 411.-It shall be imposed from seventy to two hundred days fine and imprisonment of three to seven years, to whom by any means alter or participate in the alteration of the Federal Register of Electors, of nominal listings or in the illicit issuance of credentials to Vote.
Article 412.-Two-to nine-year imprisonment, the partisan official or the organizers of campaign events will be imposed, which knowingly illegally takes advantage of funds, or services in the terms of section III of Article 407 of this Code. In the commission of this crime there will be no benefit of provisional freedom.
Article 413.-Those responsible for the offences contained in this Chapter for having agreed or prepared their performance in the terms of section I of Article 13 of This Code shall not benefit from the benefit of provisional freedom.
Environmental and Environmental Management Crimes
Of technology and hazardous activities
Article 414.-One to nine years of imprisonment shall be imposed and three hundred to three thousand fine days to which he unlawfully, or without applying the measures of prevention or safety, carry out production, storage, traffic, import or export, transport, abandonment, disposal, unloading, or any other activity with substances considered to be dangerous due to their corrosive, reactive characteristics; explosive, toxic, flammable, radioactive or other similar, order or authorize it, which causes damage to natural resources, flora, fauna, ecosystems, water quality, soil, subsoil, or the environment.
The same penalty shall apply to those who unlawfully conduct the conduct with the substances set forth in the preceding paragraph, or with ozone depleting substances and cause a risk of damage to natural resources, flora, fauna, ecosystems, water quality or the environment.
In the event that the activities referred to in the preceding paragraphs are carried out in a protected natural area, the prison sentence shall be increased by up to three years and the economic penalty up to a thousand days fine, with the exception of activities carried out with ozone depleting substances.
When the conduct referred to in the first and second paragraphs of this Article is carried out in urban areas with spent oils or depleting substances of the Ozone layer in quantities not exceeding 200 litres, or with residues considered dangerous by its biologic-infectious characteristics, shall be applied up to half of the penalty provided for in this Article, except in the case of repeated conduct with quantities less than those indicated when they exceed that quantity.
Article 415.-One to nine years of imprisonment will be imposed and three hundred to three thousand days fine, to whom without applying the measures of prevention or safety:
I. Issue, take off, discharge in the atmosphere, authorize or order, gases, fumes, powders or contaminants that cause damage to natural resources, fauna, flora, ecosystems or the environment, provided that such emissions come from fixed sources of federal competition, as provided for in the General Law of Ecological Balance and Protection of the Environment, or
II. Generate emissions of noise, vibration, thermal or light energy, from sources of federal competition, according to the order indicated in the previous fraction, that cause damage to natural resources, to the flora, to the fauna, ecosystems or the environment.
The same penalties will apply to those who illicitly carry out the activities described in the previous fractions, which cause a risk to natural resources, to the flora, to the fauna, the ecosystems or the environment.
In the event that the activities referred to in this article are carried out in a protected natural area, the prison sentence will be increased for up to three years and the penalty Until a thousand days fine.
Article 416.-One to nine years of imprisonment shall be imposed and three hundred to three thousand days of fine, to which he unlawfully discharges, deposits, or infiltrates, authorizes or orders, waste water, chemical or biochemical liquids, wastes or contaminants in soils, subsoils, marine waters, rivers, basins, vessels or other reservoirs or streams of federal competition, causing a risk of damage or damage to resources natural, flora, fauna, water quality, ecosystems or environment.
When it comes to waters that are deposited, flow into or into a protected natural area, the prison will be raised for up to three years and the economic penalty up to a thousand days. fine.
Article 417.-One to nine years of imprisonment and three hundred to three thousand fine days will be imposed, to which you enter the national territory, or bring with you resources wild or dead forest, flora or wild fauna, their products or derivatives, which carry, suffer or have suffered, as a result of a contagious disease, which causes or may cause its spread or spread or the spread to the flora, the fauna, the forest resources or the ecosystems.
Article 418.-Penalty of six months to nine years imprisonment and equivalent of one hundred to three thousand days fine, provided such activities are not carried out in zones urban, which is illicitly:
I. Dismount or destroy natural vegetation;
II. Cut, start, tear or cut some or some trees, or
III. Change the use of the forest floor.
The prison sentence should be increased for up to three years and the financial penalty up to a thousand days fine, for the case in which the conduct referred to in the fractions of the first paragraph of this article affects a protected natural area.
Article 419.-To whom transport, trade, acopie, store or transform wood on roll, chips, charcoal, as well as any other forest resource timber, or land from forest soils in quantities greater than four cubic metres or, where appropriate, its equivalent in sawwood, one to nine years of imprisonment will be imposed and three hundred to three thousand days fine. The same penalty will be applied even if the amount is less than four cubic meters, if these are repeated behaviors that reach this amount as a whole.
The custodial sentence referred to in the previous paragraph will be increased for up to three more years in prison and the economic penalty up to a thousand days fine, when timber forest resources come from a protected natural area.
Article 420.-It will impose one to nine years of imprisonment and for the equivalent of three hundred to three thousand days fine, to whom illicitly:
I. Capture, damage or deprive of life to some species of sea turtle or mammal, or collect or store in any form its products or by-products;
II. Capture, transform, acopie, transport or damage specimens of aquatic species declared in closure;
II Bis.- In a dolous way, capture, transform, acopie, transport, destroy or trade with aquatic species known as abalone and lobster, within or outside the period of closure, without the corresponding authorization, in quantity exceeding 10 kilograms in weight and where the conduct referred to in this section is committed by an association Criminal, in the terms of Article 164 of this Code, shall be in accordance with Article 194 of the Federal Code of Criminal Procedures.
III. Carry out hunting, fishing or trapping activities with an illegal means of some species of a species of wild fauna, or put at risk the biological viability of a wild population or species;
IV. Carry out any activity for the purpose of traffic, or capture, possess, transport, host, enter the country or extract from it, some copy, its products or by-products and other genetic resources, of a species of wild flora or fauna, terrestrial or aquatic in closed, considered endemic, threatened, endangered, subject to special protection, or regulated by an international treaty of which Mexico is a party, or
V. Dane some of the species of wild, terrestrial or aquatic flora or fauna identified in the previous fraction.
An additional penalty of up to three years imprisonment and up to a thousand additional fine days shall apply where the conduct described in this article is carried out in or affects a protected natural area, or when performed for commercial purposes.
Article 420 Bis.-It will impose two to ten years of imprisonment and for the equivalent of three hundred to three thousand days fine, to whom illicitly:
I. Dane, desiring or filling wetlands, mangroves, lagoons, staves or swamps;
II. Dane reefs;
III. Enter or release in the natural environment, an example of exotic flora or fauna that harms an ecosystem, or makes it difficult, alter or affect native or migratory species in the natural cycles of their reproduction or migration, or
IV. Provoke a fire in a forest, forest, natural vegetation or forest land, which will damage natural elements, flora, fauna, ecosystems or the environment.
An additional penalty of up to two years ' imprisonment and up to a thousand additional fine days shall apply where the conduct described in this article is carried out in or affects an area natural protected, or the author or participant of the offense provided in the IV fraction, conduct the conduct to obtain a profit or economic benefit.
Article 420 Ter.-It will impose one to nine years of imprisonment and three hundred to three thousand days fine, to whom in contravention of the established norms, enter the country, or extract it, trade, transport, store or release the environment, any genetically modified organism that alters or may adversely alter the components, structure or functioning of the ecosystems natural.
For the purposes of this Article, a genetically modified organism shall mean any organism possessing a new combination of genetic material which has been obtained through the application of biotechnology, including those derived from genetic engineering techniques.
Crimes against environmental management
Article 420 Quater.-It will impose one to four years of imprisonment and three hundred to three thousand days fine, to whom:
I. Transport or consenting, authorizing or ordering that it be transported, any waste considered as dangerous by its corrosive, reactive, explosive, toxic, flammable, biological or infectious biological characteristics, to a destination for which are not authorized to receive, store, discard, or abandon it;
II. Seate false data in the records, logbooks, or any other document used for the purpose of simulating compliance with obligations arising from federal environmental regulations;
III. Destroy, alter, or hide information, records, reports, or any other document that is required to maintain or archive in accordance with federal environmental regulations;
IV. By providing your services as a technical auditor, specialist or expert or specialist in environmental, forestry, wildlife, fishing or other environmental issues, you will be missing the truth causing damage to the resources. natural, flora, fauna, ecosystems, water quality or the environment, or
V. Do not perform or comply with the necessary technical, corrective or security measures to prevent environmental damage or damage that the administrative or judicial authority may order or impose on you.
The crimes provided for in this Chapter will be pursued by the Federal Attorney's Office for the Protection of the Environment.
Common provisions for environmental crimes
Article 421. In addition to the provisions of the previous chapters of Title Twenty-Fifth, the following penalties and security measures shall be imposed:
I. The repair and, where appropriate, the compensation of the damage to the environment, in accordance with the provisions of the Federal Environmental Liability Act;
II. The suspension, modification or demolition of the constructions, works or activities, as appropriate, that have resulted in the respective environmental crime;
III. The reinstatement of natural elements, specimens or species of wild flora and fauna, to the habitat of which they were subtracted, provided that their reinstatement does not constitute a danger to the ecological balance or make it difficult to reproduce or migrate wildlife species;
IV. The return of hazardous materials or waste or specimens of endangered or endangered wild flora and fauna to the country of origin, considering the provisions of international treaties and conventions that Mexico is a part, or
V. Disablement, when the author or participant of the crime has the quality of the public servant, for a time equal to the one that has been established as a custodial sentence, which must be run at the time the The sentenced person has been served with the prison or has been served.
The work in favour of the community referred to in Article 24 of this order shall consist of activities related to the protection of the environment or the restoration of natural resources.
For the purposes referred to in this article, the judge shall request the competent federal agency or the institutions of higher education or research the issue of the relevant technical opinion.
The departments of the competent public administration must provide the public ministry or the judge with the technical or expert opinions required for the purposes of the complaints submitted by the commission of the offences referred to in this Title.
The minimum and maximum prison sentence parameters referred to in this Title shall be reduced by half, when the imputed or processed repair or compense voluntarily damage to the environment before such an obligation has been imposed on it by administrative decision or judgment. Such a decrease will also proceed, when the damage is done or guaranteed in terms of the provisions of the Second Title of the Federal Law on Environmental Responsibility.
They will be considered victims with the right to request compensation or compensation for environmental damage and to contribute to the criminal process, to the people legitimized in terms of the provisions of the Federal Law on Environmental Liability.
Article 422.-In the case of environmental crimes, when the author or participant has the quality of guarantor in respect of the property, the prison sentence is increase for up to three years.
Article 423.-No penalty shall be applied in respect of the first paragraph of Article 418, as well as for the transportation of firewood or dead wood to which it refers Article 419, where the active subject is a farmer and carries out the activity for use or domestic consumption within his/her community.
Of Copyright Matters
Article 424.-Six months to six years imprisonment and three hundred to three thousand fine days will be imposed:
I. To speculate in any way with the free textbooks distributed by the Public Education Secretariat;
II. To the publisher, producer or writer who knowingly produces more numbers of copies of a work protected by the Federal Law of Copyright, than those authorized by the rightholder;
III. To whom you use in dolosa, for profit and without the corresponding authorization works protected by the Federal Law of Copyright.
Article 424 bis.-Prison will be imposed from three to ten years and two thousand to twenty thousand days fine:
I. To whom you produce, reproduce, enter the country, store, transport, distribute, sell or lease copies of works, phonograms, videograms or books, protected by the Federal Law of Copyright, in dolose form, with the purpose of speculation commercial and without the authorization that in the terms of the aforementioned law the owner of the copyright or the related rights must be granted.
The same penalty shall be imposed on those who knowingly provide or provide any form, raw materials or inputs for the production or reproduction of works, phonograms, videograms or books referred to in the preceding paragraph, or
II. A device or system for which the purpose is to deactivate electronic devices for the protection of a computer program.
Article 424 ter.-Prison will be imposed from six months to six years and from five thousand to thirty thousand days fine, to whom it sells to any final consumer on track or in public places, in dolous form, for commercial speculation, copies of works, phonograms, videograms or books, as referred to in section I of the previous article.
If the sale is made in commercial establishments, or in an organized or permanent manner, the provisions of Article 424 of this Code will be provided.
Article 425.-Prison will be imposed from six months to two years or three hundred to three thousand days fine, which is knowingly and without the right to exploit for profit or an execution.
Article 426.-Prison will be imposed from six months to four years and three hundred to three thousand days fine, in the following cases:
I. A who manufactures, imports, sells, or leases a device or system to decrypt an encrypted satellite signal, carrier of programs, without authorization from the legitimate distributor of that token, and
II. A who performs for profit any act for the purpose of deciphering an encrypted satellite signal, carrier of programs, without authorization from the legitimate distributor of that token.
Article 427.- will be imposed from six months to six years and from three hundred to three thousand days fine, to whom I knowingly publish a work replacing the author's name by other name.
Article 428.-The pecuniary penalties provided for in this Title shall apply without prejudice to the repair of the damage, the amount of which may not be less than forty per cent the sale price to the public of each product or the provision of services involving violation of any or some of the rights protected by the Federal Law of Copyright.
Article 429.- The offences provided for in this Title shall be pursued ex officio, except as provided for in Articles 424, fraction II and 427.
1st.-This Code will begin to govern on September 17, 1931.
2nd.-From that same date the Criminal Code of 15 December 1929, as well as all other laws that oppose the present, is abrogated; but both that Code and the On 7 December 1871, they shall continue to apply for the facts executed, respectively, during their validity, unless the defendants express their wish to avail themselves of the most favourable order, between this Code and the which ruled in the time of the perpetration of the offence.
3rd.-The criminal provisions contained in special laws in all that are not provided for in this Code remain in force.
Therefore, command is printed, published, circulated, and given due compliance.
Given at the Palace of the Federal Executive Branch, in Mexico, on the thirteen days of the month of August of a thousand nine hundred and thirty-one.- P. Ortiz Rubio.-Heading.-The Assistant Secretary of Government, Encharged del Endespatch, Octavio Mendoza González.-Heading.
What I communicate to you for publication and other purposes.
Effective Suffrage. No Re-election.
Mexico, D.F., on August 14, 1931.-The Assistant Secretary of Government. Dispatch Officer, Octavio Mendoza González.-Heading.