The Army And Mexican Air Force Discipline Act

Original Language Title: Ley de Disciplina del Ejército y Fuerza Aérea Mexicanos

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Mexican Army and Air Force Discipline Law

MEXICAN ARMY AND AIR FORCE DISCIPLINE LAW

Official Journal of the Federation March 15, 1926

Last Reform Published DOF December 10, 2004

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 has served to address the following Law:

"PLUTARCO ELIAS STREETS, Constitutional President of the United Mexican States, to its inhabitants, known:

That in use of the authorization granted to the Executive of the Union by Decree of 7 January 1926 I have had to issue the following

MEXICAN ARMY AND AIR FORCE DISCIPLINE LAW

CHAPTER I

General Provisions

Article 1.- This Law is intended to preserve military discipline as a principle of order and obedience that regulates the conduct of individuals in the Mexican Army and Air Force. Its provisions are mandatory for all military members of the Mexican Army and Air Force in accordance with its Organic Law.

Article 1 Bis.- The service of weapons requires the military to carry the line of duty to the sacrifice and to put the personal interest before it, the respect of the Political Constitution of the United States Mexicans, the sovereignty of the nation, loyalty to the institutions and honor of the Mexican Army and Air Force.

Article 2o.-The military must observe good behavior, so that the people place their trust in the Army and Air Force and consider them as the safeguard of their rights.

Article 3o.-Discipline in the Army and Air Force is the rule that the military must adjust its conduct; it has as bases obedience, and a high concept of honor, of justice and morals, and, by object, the faithful and accurate fulfillment of the duties prescribed by military laws and regulations.

Article 3 Bis.- Discipline is the fundamental basis of the Mexican Army and Air Force, which exist primarily to defend the interests of the Homeland and preserve its institutional life.

Article 4o.-Discipline requires mutual respect and consideration between the superior and the subaltern, the violation of this standard of conduct shall be punishable in accordance with the military laws and regulations.

CHAPTER II

General Principles of Military Discipline

Article 5o.-The military must proceed in a lawful, fair and energetic manner in the fulfillment of its obligations, in order to obtain the estimation and obedience of its deputies. It is the duty of the superior to educate and direct the individuals that the Nation puts under his command.

Article 6.- In case of extreme need in service acts, the superior may use his or her arms or force at his command to obtain obedience to his orders or maintain discipline.

Article 7o.-The superior will be responsible for the order in the troops he has in his command, as well as for the fulfillment of the duties of the service, without being able to apologize in no case with the omission and neglect of his deputies.

Article 8o.-Every soldier who commands troops, will inspire in them the satisfaction of complying with the laws, regulations and orders emanating from superiority; allow murmurings, complaints, or discontents to be proposed to prevent the performance of the obligations or to depress the spirits of their deputies.

Article 9o.-The military man who manifests the poor state in which his troops are located must do so with discretion, exposing without exaggeration, the circumstances in which are found, in order to provide what is needed.

Article 10.-For the military to gain the confidence and estimation of his superiors and in his case the rewards, he must demonstrate aptitude, good behavior, love of the career, Zeal in the fulfillment of his duty and respect for his person and for that of others.

Article 11.- The military officer shall refrain from muttering on the basis of the higher provisions or obligations imposed on him by the service.

Article 12.- The military must not raise unfounded complaints, make public false accusations or make indiscretions regarding the acts of the service.

Article 13.- The military officer will accept with dignity and satisfaction the obligations imposed on him by his service, without facing difficulties, but when he undermines his military hierarchy, he will have the right to represent superiority.

Article 14.-It is strictly prohibited for the military to give orders whose execution constitutes a crime; the military officer who issues them and the deputy who complies with them will be responsible under the Military Justice Code.

Article 15.-It should be understood by acts of the service, prescribed by laws, regulations and general observance provisions that dictate the Superior.

Article 16.- In service acts, the military cannot be represented by proxy. It must also not raise group requests, or request to contract or delay service orders.

Article 17.-It is strictly prohibited for the active-duty military officer to interfere in political matters, directly or indirectly, except for the one who enjoys a license. be allowed in terms of the provisions of the laws; as well as belonging to the ecclesiastical state or to perform as a minister of any religious worship, without thereby losing the rights conferred on it by the Political Constitution of the States. United Mexicans.

Article 18.-The military officer is obliged to greet his superiors and those of his own hierarchy, as prescribed by the regulations, as well as to reciprocate the greeting of his subs.

Article 19.-In an official act, where a military officer is present and another of the highest hierarchy, the seat or pre-eminent place will be given to him. This formality will not take place, in the Military Courts.

Article 20.-The commander of the troops who arrives in a city or place where there is no higher military authority, will pay a courtesy visit to the civil authorities.

Article 21.- The military must behave with the highest degree of courtesy and education, keeping the composure that corresponds to his dignity and the marciality that he must hold as a member of the Army and Force Air.

Article 22.- The military will lend, whenever possible, its moral and material aid to its deputies and colleagues who need it, because it must never forget that solidarity and mutual assistance facilitate life in " Common and the fulfillment of military duties, constituting the spirit of the body, the feeling of the collectivities that all the military have the duty to promote.

Article 23.- The military officer who is in uniform shall refrain from entering vice and prostitution centres, unless they are performing acts of the service.

Article 24.-The military will refuse any compromise that implies dishonor or lack of discipline, and will not give their word of honor if they cannot fulfill what they offer.

Article 24 Bis.- The military, attending to his honor and principles, must act with equity and justice, be an example of punctuality and worry about complying with the orders, putting his initiative and intelligence before him.

CHAPTER III

Disciplinary Corrective

Article 24 Ter.- Corrective discipline is the coercive measure that is imposed on every military of the Mexican Army and Air Force, for having violated military laws or regulations, as long as it does not constitute a crime.

Item 24 Quater.- The disciplinary correctives are classified into:

I.- Amonstation;

II.- Arrest, and

III.- Change of unit, dependency, installation, or commission to watch for their conduct, determined by the Honor Council.

Article 24 Quinquies.- The admonition is the act by which the superior warns the subaltern, in writing or in writing, the omission or defect in the performance of his duties; inviting him to correct himself.

In both cases, who admonishes it so that no individual of lesser category to that of the aludido is warned of it, trying to observe in these cases the discretion that the discipline requires them.

It is forbidden to reprimand that, because it is an affront and degrading, it is contrary to military dignity.

Article 25.- The arrest is the detention that a military officer suffers inside the military units, dependencies or installations and can be imposed with or without prejudice to the service.

In the first case, only those services that do not need to leave the accommodation may be performed, as the military may be at the disposal of its Commander or Head of Unit, Dependency or Installation.

Article 26.-If the person who imposes the corrective does not have under his direct command the troop to which the fault is committed, he will order the arrest and give the authority The corresponding military, being the one who will fix the duration of the punishment, taking into consideration the hierarchy of who imposed it, the lack committed and the background of the subaltern.

Article 27.- (Repeals).

Article 28.- Any arrest warrant must be given in writing. If a military officer is required to impose a verbal order, it shall have immediate effect, but that order must be ratified in writing within the following 24 hours, noting the motive and foundation thereof, as well as the time; If it is not ratified, the order will be without effect.

Article 29.-The one that prevents the fulfillment of an arrest, the one that allows it to break, as well as the one that does not comply, will be sanctioned according to the provisions of the Code Military Justice.

Item 30.- (Repeals).

Article 31.- The military officer who exercises hierarchical or charge higher, may impose disciplinary corrective measures.

Hierarchical superior " is the one that corresponds to the military dignity that represents the degree, according to the scale of the Army and Air Force.

Superiority of charge is inherent in the commission that a military officer performs, by reason of his duties, and of the authority that he is vested.

Article 32.- They have the power to impose arrests on their deputies in hierarchy or office, the Generals, Chiefs, Officers, and classes.

Article 33.- Arrests will be imposed on:

I.- The Generals and Chiefs, for up to 24 and 48 hours, respectively;

II.- Officers, for up to eight days, and

III.- The Troop, for up to fifteen days.

The General, Chiefs, Officers and Troop who have no fixed destination and are in availability, shall comply with any arrest imposed on them in any of the military enclosures referred to in Article 25 of this Agreement. Law.

Retired military personnel will comply with the arrest at the nearest military facility to their home address.

The Secretary of National Defense will have the power to admonish, as well as to impose and graduate arrests of the Generals, Chiefs, Officers and Troop, for up to fifteen days.

Article 33 Bis.- They have faculty to graduate arrests:

I.- The Secretary, Deputy Secretary and General Staff of the National Defense Secretariat, and

II.- On the troops at your command:

a) Commanders of the Army and Air Force, Commanders of Territorial Controls, Units and Circumstantial Bodies;

b) The General Directors of Arms and Services, and

c) The Directors and Heads of Dependencies and Installations.

In the absence of the above, the power will fall to those who succeed in the command or position.

Article 33 Ter.- Any military authorized to graduate arrest shall take into account, in doing so, that it is proportional to the misconduct, to the hierarchy, to the charge, to the history of the offender, to the circumstances, to the the extent to which he or she imposed it.

When in the judgment of the person who has to graduate the corrective, the seriousness of the fault merits the imposition of an arrest superior to the maximum that is allowed to apply, it will give to the authority empowered to be the one who gradue. The military officer empowered to graduate arrests, may leave them without effect or replace them with admonition.

Article 33 Quater.- The one who has received an arrest warrant must inform the superior of the person who is dependent and the one who imposed it, the beginning and the end of its compliance. The Generals, Chiefs and Officers will do so in writing and the Troop verbally.

Article 33 Quinquies.- The military officer who is serving an arrest and creditor to another shall begin to comply with the latter from the moment he is notified.

CHAPTER IV

Honor Council

Article 34.- The Honor Council will be established in the units and dependencies of the Army and Air Force; it will be constituted with a president and four vowels in the units and with a president and two vowels in the dependencies, in accordance with the respective Regulation.

Article 35.-Meet the Honor Council:

I.- Of all the reputation of the Unit, Dependency, or Installation;

II.- From drunkenness, use of narcotics and games prohibited by law;

III.- The scandalous dissolution.

IV.- The lack of honesty in handling flows that does not constitute a crime;

V.- Of negligence in the service, which does not constitute a crime.

VI.- Of all that concerns military dignity.

Article 36.-Honor Council has powers to:

I.- Agreed to the notes to be placed on the Officers ' Services Sheets, and on the Services Memorial of the troop individuals.

II.- Dictate on the correctional punishments to be imposed from Captain 1o. to the Soldier, for faults, whose knowledge is of the competence of this Council.

III.- Agreed to lower the Army and Air Force by determination of misconduct, for the staff of Tropa and the military of the auxiliary class, and

IV.- Turnar to the Public Ministry, the respective constances in cases where it determines that it is the jurisdiction of the corresponding courts.

In case of fraction III the military will be granted a period of fifteen calendar days to manifest what its interest is.

Article 37.- The correctional punishments referred to in section II of the previous article are:

I.- For classes and soldiers, change of unit, dependency and installation or arrest for up to fifteen days in military prison, and

II.- For Officers, change of unit, dependency, installation, commission or arrest for up to fifteen days in military prison.

Article 38.-(Repeals).

Article 39.-The individuals who make up the Council of Honour are prohibited, exacting matters dealt with within the Council and murmuring from the providences agreed upon by the Council. the abovementioned Council. The one who will be missing this prescription will be excluded from the honorable position he performs, after approval by the National Defense Secretariat.

Article 40.-The Council of Honour will place the military officer whose conduct will be known to let him know the cause why he is judged and to hear his disclaimers, in order to be Strict justice.

Article 41.-Members of a Council of Honour shall be responsible, in accordance with the Military Code of Justice, for the arbitrariness or abuses committed in the exercise of their functions.

CHAPTER V

General Interventions

Article 42.- The military officer who has a complaint regarding the higher provisions or the obligations imposed on him by the service, may come before the immediate superior for the solution of his or her demands and, in If it is not properly attended, it will be able to reach the President of the Republic, if necessary, by a rigorous scale.

Article 43.- Any military that infringes this Law, as well as any regulatory precept, will be granted a disciplinary corrective, according to its hierarchy in the Army and Air Force and, if the magnitude The law of the Court of Justice shall be subject to the provisions of the Military Code of Justice.

TRANSIENT

Single Article.-Since the enactment of the present, all laws and provisions that are opposed to it are repealed.

Therefore, command is printed, published, circulated, and given due compliance.

Dada at the Palace of the Federal Executive Branch, in Mexico, at the eleven days of the month of March of a thousand nine hundred and twenty-six.- P. Elias Streets-Rubrica.-The Undersecretary in Charge of the Office of War and Navy, M. Pineapple.-Heading.-Al C. Ing. Adalberto Tejeda, Secretary of State and Government Office.-Present.

What I communicate to you for publication and other effects.

Effective Suffrage. No Re-election.

Mexico, March 13, 1926.-The Secretary of State and the Office of the Interior, A. Weaver.-Heading.


TRANSIENT ITEMS OF REFORM DECREES

DECREE amending various laws of the War class, fixing rules for re-entry to the National Army or Navy.

Published in the Official Journal of the Federation on January 16, 1934

TRANSIENT

ARTICLE 1 °.-Articles 4 ° of the General Ordinance of the Army dated December 11, 1911, 38 of the Army and Army Discipline Act of 11 March 1926 and 6 ° of the Organic Law of the Army and National Navy of the cited date of March 11, 1926, as soon as they object to this Law.

ARTICLE 2 °.-Military personnel who are more than six years old from being separated from the Army by virtue of unlimited license, will enjoy a period of six months to express their wish to re-enter it, in order not to fall within the provisions of Article 5; but the military which is in the cases referred to in Article 8 may not be used by this prerogative.

ARTICLE 3 °.-This law shall begin to apply from the date of its enactment.- J. Jesús Delgado, S. V. P.- A. S. Rodriguez, S. P. S.- Gilberto Fabila, D. P.- Andres H. Peralta, D. S.-Rubicas. "

In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States and for their proper publication and observance, the Decree at the residence of the Federal Executive Branch, in Mexico, D. F., at twenty-seven days of the month of December, a thousand nine hundred and thirty-three.- A. L. Rodriguez.-Heading.-The Secretary of State and the Office of War and Navy, Pablo Quiroga.-Heading.-Al C. Secretary of Government.-Present. "

What I communicate to you for publication and other purposes.

Effective Suffrage, No Re-election.

Mexico, D. F., on January 13, 1934.-The Secretary of Government, Eduardo Vasconcelos.-Heading.

Al C..... .


DECREE that reform and add to various provisions of the Army and Army Discipline Act.

Published in the Official Journal of the Federation on December 11, 1995

UNICO ARTICLE.- The name of the Army and Army Discipline Law is AMENDED by the Army Discipline Law and Mexican Air Force; and Articles 1o., 2o., 3o., 4o., 5o., 7o, 8o, 12, 14, 17, 22, 27, 29, 31, second paragraph, 34, 35 fractions I and II, 36 fraction III, 37 (a), 39, 41; and ADIVIIA to the fourth paragraph of Article 36 of the Law itself, for remain as follows:

..........

TRANSIENT

FIRST.- This Decree will take effect the day after its publication in the Official Journal of the Federation.

SECOND.- All legal, regulatory, and administrative provisions that object to this Decree are repealed.

Mexico, D.F., at 16 November 1995.-Dip. Fernando Salgado Delgado, President.-Sen. Ernesto Navarro González, President.-Dip. Aurelio Marin Huazo, Secretary.-Sen. Raul Juarez Valencia, Secretary.-Rubicas. "

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I request this Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, on the eight days of December of a thousand nine hundred and ninety-five.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Governor, Emilio Chuayffet Chemor.-Heading.


I decree that various provisions of the Mexican Army and Air Force Disciplinary Act are being reformed, added and repealed.

Published in the Official Journal of the Federation on December 10, 2004

ONLY: The of Chapters I, II, and III; as well as Articles 1; 6; 11; 12; 13; 16; 21; 22; 23; 25; 28; 31, first paragraph; 32; 33; 34; 35, fractions II and IV; 36, fraction III and 37; Chapters IV and V are as well as Articles 1a; 3a; 24a; 24b; 24c; 24d; 33a; 33b; 33 quater; 33 quinquies; 36, last paragraph; 42 and 43; and repeal Articles 27 and 30 of the Mexican Army and Air Force Disciplinary Act, for remain as follows:

..........

TRANSIENT

Article First.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.

Article Second.- All laws, regulations and administrative provisions that object to this Decree shall be repealed.

Mexico, D.F., on November 9, 2004.-Sen. Diego Fernandez de Cevallos Ramos, President.-Dip. Manlio Fabio Beltrones Rivera, President.-Sen. Rafael Melgoza Radillo, Secretary.-Dip. Graciela Larios Rivas, Secretary.-Headings."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, six days in the month of December, two thousand four.- Vicente Fox Quesada.-Rubrio.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.