New Law published in the Official Journal of the Federation on June 1, 2009
Last Reform Published DOF 25-05-2011
Statement of Invalidity of Items by Statement from the SCJN DOF 24-06-2011
FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
FEDERAL POLICE LAW
Article Unique.- The Federal Police Act is issued.
Federal Police Act.
Article 1. This Law is a regulation of Article 21 of the Constitution, in federal matters concerning the organization and operation of the Police Federal, in the area of jurisdiction established by this Law and the applicable provisions. It is of public order and application throughout the national territory.
Article 2. The Federal Police is a deconcentrated administrative organ of the Public Security Secretariat, and its objectives will be as follows:
I. Safeguarding people's lives, integrity, security and rights, as well as preserving public freedoms, order and peace;
II. Apply and operate public security policy on crime prevention and combat;
III. Prevent the commission of crimes, and
IV. Investigate the commission of crimes under the leadership and command of the Public Ministry of the Federation, in terms of the applicable provisions.
Article 3. It will be guiding principles in the exercise of the functions and actions that in the prevention and combat of crimes the Police Federal, those of legality, objectivity, efficiency, professionalism, honesty and respect for the individual guarantees and human rights recognized in the Political Constitution of the United Mexican States.
Article 4. For the purposes of this Law:
I. Police Career, Federal Police Career Career Service;
II. Trust Control Center, the Secretariat's Center for Trust Evaluation and Control;
III. Federal Council, Federal Council for Police Development;
IV. Integrants, members of the Federal Police;
V. Law, to the present Federal Police Act;
VI. Public Ministry, to the Public Ministry of the Federation;
VII. Regulation, to the Regulation of this law;
VIII. Secretariat, to the Public Security Secretariat of the Federal Government, and
IX. Secretary, to the head of the Federal Public Security Secretariat.
Article 5. The investigation for the prevention of crimes, in terms of Articles 16 and 21 of the Political Constitution of the United Mexican States, is the systematized set of actions and procedures aimed at the planning, obtaining, processing and use of the information, for the exclusive purpose of avoiding the commission of crimes, based on the principles of legality, objectivity, efficiency, professionalism, honesty and respect for guarantees individual and human rights recognized in the Constitution.
From the Organization and the Functioning of the Federal Police.
Article 6. The Commissioner General will have the highest rank in the Federal Police institution on which he will exercise command, address and discipline, and will be freely appointed and removed by the President of the United Mexican States, on a proposal from the Secretary.
Article 7. To be Commissioner General of the Federal Police the following requirements must be met:
I. Being a Mexican citizen by birth who has no other nationality, in full exercise of his political and civil rights;
II. Having at least thirty-five years completed on the day of the designation;
III. Contar with title of higher studies duly registered;
IV. Having recognized capacity and probity, not having been sentenced for criminal offense or disabled as a public servant, nor being subject to criminal prosecution;
V. Check for a minimum five-year experience in public safety-related tasks, and
VI. Not be suspended or disabled, nor have you been removed by firm resolution as a public server.
Article 8. The Federal Police will have the following privileges and obligations:
I. Prevent the commission of crimes and administrative faults that determine federal laws;
II. To intervene in the field of public safety, in collaboration with the competent authorities, in the enforcement and enforcement of laws;
III. Safeguard the integrity of people, ensure, maintain and restore public order and peace, as well as prevent the commission of crimes, in:
a) The border areas and on the mainland of the littoral, the part of the country border crossings, customs, tax offices, customs sections, garitas, customs check points, immigration monitoring and control centers, federal roads, railways, airports, seaports authorized for international traffic, the space air and the means of transport operating in the general communication routes, as well as their ancillary services.
Federal Police will act in the tax precincts, customs, customs, customs, garitas or points of customs review, in aid and coordination with the authorities responsible for tax or migration matters, in the terms of this Law and other applicable legal provisions;
b) National parks, hydraulic installations and vessels of dams, reservoirs of the lakes and riverbeds of the rivers;
c) The urban spaces considered as federal zones, as well as in the buildings, Federation facilities and services and dependencies;
d) All those places, zones or spaces of the national territory subject to jurisdiction federal, as established by the respective laws, and
e) Across the national territory in the realm of their competence.
IV. Perform investigation for crime prevention;
V. Perform verification tasks in the scope of your competence, for the prevention of administrative violations;
VI. Gathering information in public places, to avoid criminal phenomenon, by using means and tools and any tools that result necessary for the generation of preventive intelligence. In the exercise of this attribution the right to the private life of the citizens must be respected. The data obtained with effect on private life lack any evidentiary value;
VII. Carry out covert operations and simulated users for crime prevention. The Regulation will define precisely the minimum guidelines for the exercise of this attribution;
VIII. Perform tactical or strategic technical analysis of information obtained for intelligence generation;
IX. Perform under the leadership and command of the Public Ministry the investigations of the crimes committed, as well as the actions that instruct him or her jurisdiction in accordance with applicable rules;
X. Inform the person at the time of their detention about the rights that the Mexican Political Constitution establishes in their favor;
XI. Make available to persons and property without delay the competent authorities, persons and property in cases where, on the grounds of their duties, they practice any arrest or carry out any asset insurance, observing at all times compliance with established constitutional and legal deadlines;
XII. Verify information that you receive about facts that can be constitutive of crime to, if any, refer to the Public Ministry;
XIII. Receive complaints about facts that may be constitutive of crimes, in terms of the provisions of Article 3 of the Federal Code of Procedure Penalties and other applicable provisions;
XIV. To participate in the ministerial investigation, in the detention of persons and in the assurance of goods that the Public Ministry considers to be related to the criminal acts, as well as to practice the necessary steps that allow the clarification of the crimes and the identity of the probable responsible, in compliance with the mandates of the Public Ministry;
XV. Make the arrests as provided for in Article 16 of the Political Constitution of the United Mexican States and the Federal Code of Procedure Penalties;
XVI. Immediately register the detention you are holding in the National Information Center's Administrative Record of Detentions, as well as submit without delay and by any means information to the Public Ministry;
XVII. Preserve the place of the facts and the integrity of the indicia, traces or vestiges of the criminal act, as well as the instruments, objects or products of the crime, immediately giving notice to the Public Ministry. The units authorized for the processing of the place of the facts must fix, indicate, raise, pack and deliver the physical evidence to the Public Ministry, in accordance with the procedure previously established by this and in terms of the applicable provisions;
XVIII. To request the Public Ministry to require the competent authorities, reports and documents for the purpose of the investigation;
XIX. To ensure that each of its actions is taken on the record, as well as to carry out monitoring and monitoring of these actions. During the course of the ministerial investigation, they will have to produce reports on the development of the same, and render them to the Public Ministry, without prejudice to the reports required;
XX. Issue the reports, police parties, and other documents that are generated, with the background requirements and form that set forth the applicable provisions, for such an effect may be supported by the necessary knowledge;
XXI. Provide care for victims, offenders, or witnesses to the crime; for this purpose:
a) Provide immediate protection and assistance, in accordance with legal provisions applicable;
b) Ensure that they receive medical and psychological care when necessary;
c) Adopt measures deemed necessary to prevent the danger of their physical and psychological integrity, in the field of their competence;
d) Preserve the evidence and evidence that the victim and offended provide at the time of the police intervention and forward them without delay to the Public Ministry in charge of the matter for the latter to agree on the conduct; and
e) Ensure that they can carry out the identification of the imputed without risk to them.
XXII. Give compliance to the arrest warrants and other ministerial and jurisdictional mandates that you are aware of on the basis of their duties;
XXIII. To interview persons who may contribute some information or element to the investigation in case of a flagrant or mandated Public Ministry, in terms of the applicable provisions. The interviews to be conducted shall be recorded and shall be used merely as a record of the investigation, which in order to have probative value, shall be ratified before the appropriate ministerial or judicial authority;
XXIV. Reunite the information that may be useful to the Public Ministry that knows the matter, to accredit the body of the crime and the probable responsibility of the imputed, in accordance with the instructions of that;
XXV. Incorporate the criminal databases and personnel of the Secretariat and the National Public Security Information System, the information that can be useful in the investigation of crimes, and use its content for the performance of their privileges, without affecting the right of individuals to their personal data;
XXVI. Collaborate, upon request by other federal authorities, for the exercise of its surveillance, verification and inspection functions conferred by other laws;
XXVII. Coordinate in terms of the National Public Security System, with the authorities of the three government orders, for the exchange of information contained in databases or information systems that is useful for the performance of their functions without prejudice to compliance with the limitations set out in Article 243 of the Federal Code of Criminal Procedures;
XXVIII. Request in writing, upon authorization of the control judge in the terms of Article 16 Constitutional, to the concessionaires, permissionaries, telephone operators and all those marketing services in the field of telecommunications, satellite communication systems, the information they have, as well as the geo-referencing of mobile communication equipment in time real, for the fulfillment of its purposes of prevention of crimes. The competent judicial authority shall agree to the request within a period of not more than 12 hours from its submission;
XXIX. Request in writing before the control judge, in terms of Chapter XI of this Law, the authorization for the intervention of private communications for the investigation of the offences. The competent judicial authority shall agree to the request within a period of not more than 12 hours from its submission;
XXX. Collaborate, when formally required, in accordance with applicable constitutional and legal orders, with local authorities and competent municipal authorities, in the protection of the physical integrity of persons and in the preservation of their property, in situations of danger, where they are threatened by situations involving violence or imminent risk; crimes, as well as guaranteeing, maintaining and restoring peace and order public;
XXXI. Participate in joint operations with other federal, local, or municipal authorities, which are carried out in accordance with the provisions of the legislation on the National Public Safety System;
XXXII. Obtain, analyze, and process information as well as perform actions that, in accordance with applicable provisions, are necessary for the prevention of crimes, either directly or through the coordination systems provided for in other federal laws;
XXXIII. To monitor and inspect, for public safety purposes, the land area of the general communication routes and the means of transport operating in they;
XXXIV. To monitor, monitor, secure, and protect, at the request of the competent authority, the facilities of the federal detention facilities, seclusion, social rehabilitation and reintegration, in accordance with the human rights recognized in the Federal Constitution;
XXXV. Lifting violations and imposing penalties for violations of laws and regulations relating to transit on roads and bridges The Federal Government, as well as the operation of the Federal Self-Transport Services, its auxiliary services and private transport when circulating in the land area of the general communication routes;
XXXVI. Exercise, for public safety purposes, surveillance and inspection on the entry and exit of goods and persons at airports, seaports approved for international traffic, in customs, tax areas, customs sections, garitas and customs checkpoints; as well as for the same purposes on the handling, transport or holding of such goods anywhere in the national territory.
The Federal Police will act in the fiscal areas, customs, customs, customs, or customs checkpoints, in aid and coordination with the authorities. responsible for tax or migration matters, in the terms of this Law and other applicable legal provisions;
XXXVII. Collaborate, at the request of the competent authorities, with civil protection services in cases of calamities, high-risk situations or disasters for natural causes;
XXXVIII. To exercise in the field of its competence, and in coordination with the National Institute of Migration, the powers that in migratory matters prescribe the Law General of Population, its Rules of Procedure and other legal provisions;
XXXIX. To support the National Migration Institute to verify that foreign nationals living in national territory comply with their obligations. establishes the General Population Law;
XL. Support the National Migration Institute's assurance and, where appropriate, safeguard the Institute's application for migration stations to the foreigners who violate the General Population Law, when the case warrants it;
XLI. Study, plan and execute methods and techniques for combating crime;
XLII. Perform surveillance, identification, monitoring, and tracing actions on the Internet Public Network on websites to prevent behavior criminal;
XLIII. Develop, maintain, and monitor sources of information in society, enabling data on activities related to phenomena Criminal;
XLIV. Integrate into the Administrative Record of Detentions and other criminal and personal databases, decadal footprints, and other elements other than photographs and videos to identify a person, asking the authorities of the three government orders for the information to be provided;
XLV. Subscribe to conventions or legal instruments with other police institutions of the three government orders and non-governmental organizations for the performance of their privileges, within the framework of the law;
XLVI. Collaborate and assist police officers in other countries, in the field of their competence, and
XLVII. The others that trust you are and other laws.
Article 9. The Secretariats of Public Security, Finance and Public Credit, and the Civil Service, within the scope of their respective powers, shall establish administrative, budgetary and control mechanisms, applicable in a specific manner to the exceptional functions and activities of the Federal Police that require risk or urgency.
Article 10. They are the privileges of the Commissioner General of the Federal Police:
I. Exercise command, direction, and discipline of police corporation;
II. Propose the Secretary to police policy;
III. To monitor, in the area of your competence, compliance with the laws and administrative provisions on human rights protection;
IV. Exercise the resources that are provided for the operation and operation of the Federal Police;
V. Promote the realization of courses, seminars, or events with national and foreign institutions similar to the Federal Police;
VI. Propose and conclude conventions and other legal acts, as well as carry out all those activities directly related to the field of competition the Federal Police;
VII. Propose the Secretary, the draft Regulations, manuals, agreements, circulars, memorandum, instructions, bases and other administrative rules for the good operation of the corporation and suggest adjustments to the regulatory framework of the Federal Police;
VIII. Propose the Secretary, the appointments of the senior officers of the Federal Police, in accordance with the provisions of this Law and its Rules of Procedure;
IX. Designate the members in administrative or management positions of the institution's organic structure and freely relieve them of them, respecting their police degree and inherent rights to the Police Race;
X. Grant, in terms of the Regulation, the peer police degrees;
XI. Adscribir functionally, with the approval of the Secretary and in accordance with this law and its Regulation, the administrative units at his command, by agreement published in the Official Journal of the Federation;
XII. Authorize, prior to agreement with the Secretary, covert operations and simulated users to develop intelligence operations for prevention;
XIII. To be the institutional liaison with government and non-governmental police agencies, counterparts, nationals and foreigners, that relate to the field of their attributions;
XIV. Inform the Secretary, with the periodicity to be determined by him, on the performance of the Federal Police's powers and the results achieved;
XV. Presiding over the Federal Council, by itself or through whom you designate;
XVI. Establish coordination with federal, state, Federal District Government and municipal authorities in the field of their competence;
XVII. To carry out, with the agreement of the Secretary, the relations of collaboration and assistance with the police authorities of other countries, as established in international treaties, conventions and agreements;
XVIII. Establish and operate, in the field of its competence, a system of rewards for preventive research, according to the availability budget and obtaining results;
XIX. Present an annual report of the activities carried out in compliance with the Federal Police's annual operational program, before the Congressional Committees of the Union in the field; and
XX. The others that are expressly trusted by federal laws.
Article 11. The hierarchical relationships in the Federal Police, its normative and operational structures, its territorial organization, the other command powers, direction and discipline, as well as other components of its internal regime, shall be determined in the Regulations of this Law, in terms of the provisions of the General Law of the National System of Public Security and other legal provisions applicable.
Article 12. In the performance of its duties and obligations, the Federal Police and its General Commissioner will have the support of the administrative units that establish the Secretariat's Rules of Procedure.
Article 13. All federal authorities, whose privileges are related to those of the Federal Police, will coordinate with each other for the dispatch and operation of matters relating to public security by the Federation.
The Federal Police Regulation will determine the organization and functioning of the scheme to participate in coordination instances. interinstitutional.
of The Active Staff.
Article 14. The relationship between the Federal Police and its personnel shall be governed by the provisions of Article 123 (B) of the Constitution, this Law and the other applicable provisions.
Members may be removed from office if they do not comply with the requirements that this law states to remain in the institution, or removed for incurring responsibility for the performance of their duties, without any reinstallation or restitution, whatever the judgment or means of defence to combat separation or removal.
If the jurisdictional authority resolves that the separation, removal, removal, cessation or any other form of termination of the service was unjustified, the Secretariat only be obliged to pay the compensation and other benefits mentioned in the respective resolution, without any need for reinstatement or reinstatement to the Federal Police.
Article 15. The action of the members of the Federal Police will invariably be subject to the principles of legality, objectivity, efficiency, professionalism, honesty and respect for human rights recognized in the Constitution.
From Police Career Service.
Article 16. Police career includes police grade, seniority, badges, decorations, stimuli and acknowledgements, the result of the promotion processes, as well as the recording of the disciplinary corrections and penalties which, where appropriate, has accumulated the member. It shall be governed by the following rules:
I. The Federal Police must consult the background of the applicants in the National Register of Public Safety Personnel before their entry is authorized. to the same;
II. Every applicant shall process, obtain and keep up to date the Single Police Certificate, which shall be issued by the Trust Control Centre, in accordance with the Protocol approved by the National Accreditation and Trust Control Center;
III. No person may enter the Federal Police if they have not been duly certified and registered with the National Public Security Personnel Registry;
IV. Only those aspiring and approving training, training and training programs will enter and remain in the Federal Police. professionalization;
V. The permanence of the members is conditional upon compliance with the requirements that the Law and its Regulations determine;
VI. The merits of the members will be evaluated by the Federal Council, in charge of determining the promotions and verifying that the requirements of the permanence;
VII. The regulation will establish the criteria for the promotion of the members of the Federal Police who must be, at least, the results obtained in the professionalisation programmes, the merits demonstrated in the performance of their duties and their leadership and leadership skills;
VIII. The Regulation shall establish a system of stimulus and social provision corresponding to the functions of the members;
IX. The members may be changed from membership, based on the needs of the service, without that attachment implying immobility at the headquarters to which were intended;
X. The change of one member from one operational area to another from a different specialty may only be authorized by the Federal Council;
XI. The warning, suspension, or removal sanctions that apply to the members will be determined by the procedure outlined in the Law and its Regulation. The hearing guarantee shall be safeguarded at all times in the procedure for the application of penalties;
XII. The procedures for selecting, entering, training, training, training, developing, updating, staying and promoting members will be laid down in the regulatory provisions to be issued, and
XIII. The Federal Council will apply the procedures relating to each of the stages of the Police Race.
The Police Race is independent of the appointments to perform administrative or managerial positions that the member will be able to perform in the Federal Police. In no case will the rights acquired in the Police Race involve any inamoviity in charge.
Article 17. To enter or remain in the Federal Police is required:
A. For income:
I. Being a Mexican citizen [by birth] in full exercise of his political and civil rights, [having no other nationality];
II. Being of notorious good conduct, not having been convicted of an irrevocable sentence for crime dolous, nor subject to criminal prosecution;
III. Credit that has concluded, at least, the following studies:
a) In the case of aspiring research areas, higher education or equivalent;
b) Dealing with applicants to the areas of prevention, higher education or equivalent, and
c) In case of aspirants to the areas of reaction, the studies corresponding to the teaching basic average.
IV. Approve the entry contest and training courses;
V. Count on the age requirements and the physical, medical, and personality profile that are required by the applicable provisions;
VI. Approve the trust control assessment processes;
VII. Refrain from consuming psychotropic, narcotic, or other substances that produce similar effects;
VIII. Do not suffer from alcoholism;
IX. Submit tests to check for the absence of alcoholism or non-use of substances psychotropic, narcotic or other that produce similar effects;
X. Not being suspended or disabled, or being removed by firm resolution as a server public;
XI. Meet the duties set forth in this law, and other provisions deriving from is;
XII. The others that establish other applicable legal provisions.
B. For Permanency:
I. Being of notorious good conduct, not having been convicted of an irrevocable sentence for crime dolous;
II. Keep your Single Police Certificate up to date;
III. Do not exceed the maximum retirement age set by the law of the law, except as provided for in Article 21;
IV. Credit that has concluded, at least, the following studies:
a) For members of the research areas, higher education, equivalent or Approval by performance, from baccalaureate;
b) Dealing with members of the areas of prevention, higher education or equivalent, and
c) In case of members of the reaction areas, the studies corresponding to the teaching basic average.
V. Approve training, training, and professionalization courses;
VI. Approve the trust control assessment processes;
VII. Approve performance evaluations;
VIII. Participate in the promotion or promotion processes that are called, according to the applicable provisions;
IX. Refrain from consuming psychotropic, narcotic, or other substances that produce effects similar;
X. Do not have alcoholism;
XI. Submit tests to check for the absence of alcoholism or non-use of substances psychotropic, narcotic or other that produce similar effects;
XII. Not be suspended or disabled, or be dismissed by firm resolution as public server;
XIII. Not absent from the service without cause, for a period of three consecutive days or of five days within a period of thirty days;
XIV. Refrain from incurring any act or omission that affects the delivery of the service;
XV. Do not incur acts or omissions that cause loss of trust, and
XVI. The others that establish the applicable legal provisions.
Of The Disciplinary Regime.
Article 18. The discipline is the basis of the functioning and organization of the Federal Police, so its members must hold their conduct to the observance of the laws, orders and hierarchies, as well as to the obedience and the high concept of the honor, of the justice and ethics.
The disciplinary regime shall conform to the principles laid down in the Constitution, this Law and the applicable legal systems and shall include corrections. disciplinary measures and sanctions to establish the Law and its Rules of Procedure.
Article 19. They are members ' duties:
I. Always be involved with dedication and discipline, as well as with adherence to the legal order and respect for the individual guarantees and human rights recognized in the Constitution;
II. Preserve the secrecy of matters that are known for the performance of their function, in terms of the applicable provisions;
III. To provide assistance to persons threatened by danger or who have been victims or offended of any crime, as well as to provide protection to their property and rights. Their performance will be consistent, timely and proportional to the fact;
IV. Meet your functions with absolute impartiality and without any discrimination;
V. Refrain at all times from inflicting or tolerating acts of torture, cruel, inhuman or degrading treatment, even if it is a higher order or argue in special circumstances, such as a threat to Public Security, the urgency of the investigation or any other; to the knowledge thereof, may immediately report it to the competent authority;
VI. Observe respectful treatment with all persons, and must refrain from any arbitrary act and unduly limit actions or manifestations that in exercise of their constitutional rights and with a peaceful nature to carry out the population;
VII. Perform your mission without requesting or accepting compensation, payments or rewards other than those legally provided. In particular they shall object to any act of corruption and, in the event of their knowledge, shall report it;
VIII. Refrain from ordering or holding any person's detention without complying with the requirements of the constitutional and legal orders applicable;
IX. Vellar for the life and physical integrity of people in detention;
X. Act on the use of research methods to ensure the technical and scientific collection of evidence;
XI. Use the research and chain of custody protocols adopted by your corporation;
XII. Participate in operations and coordination mechanisms with other Public Security Institutions, as well as provide them with the support they support the right to proceed;
XIII. Preserve, in accordance with applicable provisions, evidence and evidence of probable criminal or administrative misconduct so that they do not lose their probative quality and facilitate the proper handling of the relevant procedure;
XIV. Refraining from disposing of secured assets for their own or third-party benefits;
XV. Submit to periodic evaluations to demonstrate compliance with your stay requirements, as well as obtain and maintain current certification respective;
XVI. Inform the hierarchical superior, immediately, the omissions, improper or constitutive acts of crime, of his or her subordinates or the same in category hierarchical;
XVII. Fulfilling and diligently enforcing the orders you receive in order to perform your duties, avoiding any act or omission that produces a deficiency in their compliance;
XVIII. Foster discipline, responsibility, decision, integrity, body spirit and professionalism, in and of itself and on the staff under your command;
XIX. Register the detentions in the Administrative Record of Detentions in accordance with applicable provisions;
XX. Refrain from subtracting, hiding, altering, or damaging information or property to the detriment of the Institutions;
XXI. Refrain, in accordance with applicable provisions, from making known by any means to whom it is not entitled, documents, records, images, constances, statistics, reports or any other confidential or confidential information from which you have knowledge in exercise and on the basis of your employment, position or commission;
XXII. To diligently support the application for a report, complaint or assistance from the citizenry, or from its own subordinates, except where the request is based on its request. competence, in which case it must be taken to the appropriate area;
XXIII. Refraining from introducing intoxicating beverages, psychotropic substances, narcotic drugs, or other addictive substances to the facilities of their institutions of an illegal, prohibited or controlled nature, except where they are the product of arrests, searches, insurments or similar, and that the corresponding authorisation is previously available;
XXIV. Refrain from consuming, in or out of service, psychotropic substances, narcotic drugs, or other addictive substances of an illegal, prohibited, or controlled, except where the consumption of controlled medicinal products is authorised by medical prescription, endorsed by the medical services of the institutions;
XXV. Refrain from consuming on the premises of your institutions or in service acts, intoxicating beverages;
XXVI. Refrain from performing behaviors that discredit your person or the image of the Institutions, inside or outside the service;
XXVII. Do not allow persons outside of your institutions to perform acts inherent in the attributions that you have entrusted to them. It shall also not be accompanied by such persons when performing the service;
XXVIII. Refrain from consuming, in or out of service, psychotropic substances, narcotic drugs or other addictive substances of an illegal nature, prohibited or controlled, except in cases where the consumption of controlled medicinal products is authorised by prescription, endorsed and certified by the medical services of the Federal Police;
XXIX. Refrain from consuming at Federal Police facilities or in service acts, intoxicating drinks, as well as showing up for service in the state of Drunk;
XXX. Refrain from performing behaviors that discredit your person or the image of the Federal Police, inside or outside the service;
XXXI. Do not allow persons outside the Federal Police to carry out acts inherent in the privileges assigned to them. It shall also not be accompanied by such persons when performing the service;
XXXII. Refrain from attending uniformed bars, canteens, betting and gaming centers, or prostibullos or other centers of this type, if not an express order for the performance of functions or in cases of flagrancy;
XXXIII. You must make use of force in a rational and proportional manner, with full respect for human rights, keeping within the limits and scope that are marked in the applicable legal provisions and procedures previously established, and
XXXIV. The others that are set by the Regulation of this Law.
Article 20. The penalties applied by the Federal Council for violations committed by the members will be:
II. Suspension, and
Article 21. The application of such penalties by the Federal Council shall be made by considering the following factors:
I. Severity of the violation;
II. Damage caused to the Institution;
III. Damage inflicted on the citizenry;
IV. Socio-economic conditions of the offender;
V. Charge, commission, hierarchical category, and age;
VI. Conduct observed prior to the fact;
VII. Runtime Circumstances;
VIII. Intentionality or negligence;
IX. Perjudgments originating from the service;
X. Damage to other members;
XI. Damage caused to material and equipment, and
XII. Degree of instruction of the alleged offender.
From the Service Conclusion.
Article 22. The termination of a member's service is the termination of your appointment or the cessation of your legal effects for the following reasons:
I. Separation, for non-compliance with any of the permanence requirements, or when in the promotion processes the following circumstances are present:
a) If you have been called to three consecutive promotion processes without having participated in the same, or that having participated in such processes would not have obtained the superior immediate degree that would correspond to him for reasons imputable to him;
b) That you have reached the maximum age for your hierarchy, according to the in the applicable provisions, and
c) That the member's file does not give sufficient merit to the Council's judgment Federal to retain permanence.
II. Emotion, by incurring responsibility for the performance of their duties or failure to perform their duties, in accordance with the provisions relating to the disciplinary regime, or
III. Low, by:
b) Death, or permanent disability, or
c) Retirement or retirement.
At the end of the service the member must deliver to the designated official for this purpose all information, documentation, equipment, materials, identifications, securities or other resources that have been placed under their responsibility or custody through the receipt of the receipt.
Article 23. The members who have reached the age limit for the stay, provided for in the provisions that govern them, may be relocated, to consideration of the Federal Council, in other areas of the services of the institution itself.
From the Federal Police Development Council.
Article 24. The Federal Council is the collegiate body in charge of normalizing, knowing and resolving all disputes arising in connection with the proceedings. of the Professional Service, the Disciplinary Regime of the Federal Police and its Profession.
Article 25. The Federal Council will carry a data record of the members, which will be provided to the criminalistic and personnel databases of the Secretary and the National Public Safety Information System.
Article 26. They are Federal Council attributions:
I. Issue rules regarding membership, selection, permanence, stimuli, promotion, and recognition of members;
II. Set the guidelines for Professional Service procedures;
III. Formulate rules on social forecasting;
IV. Develop the plans and programs of Profession that will contain the aspects of training, training, training, and updating;
V. Set the procedures applicable to the Profession;
VI. Celebrate the conventions required for the instrumentation of the Profession;
VII. To instruct the development of academic research programs in police matters;
VIII. Set the guidelines for procedures applicable to the Disciplinary Regime;
IX. Issue General and Mandatory Compliance Agreements on Police Development for the Exact Application of the Professional Service;
X. Apply and resolve procedures regarding membership, selection, permanence, promotion, and recognition of members;
XI. Verify compliance with membership requirements;
XII. Analyze training, training, training, development, updating, applied sanctions, and the merits of members to determine who meet the requirements to be promoted;
XIII. Resolve, according to the needs of the service, the relocation of the members from one operational area to another;
XIV. Sustaining disciplinary procedures for non-compliance with the duties or obligations of the members, preserving the right to the guarantee of hearing;
XV. Know and resolve on the granting of degree constances and stimuli to the members, in accordance with the procedure laid down in the Present Law;
XVI. Establish the degree-homologous regime for service personnel, as instructed by the Commissioner-General;
XVII. Create the committees, committees and working groups of the Professional Service, Disciplinary Regime and others that are necessary, according to the activity to be developed, monitoring their performance;
XVIII. Sanctioning members for non-compliance with the duties provided for in this Law and applicable provisions arising therefrom;
XIX. Resolve the review resources promoted against sanctions imposed for violation of the Disciplinary Regime;
XX. Resolve the claim resources promoted against the agreements regarding the non-provenance of the start of the procedure;
XXI. Dictate the necessary measures for the prompt and expeditious dispatch of your competition matters, and
XXII. Other than any other legal provisions of this Law that may be derived from it.
The Rules of Operation and Operation of the Federal Council will be provided for in the Rules of Procedure.
Article 27. In the procedures that the Federal Council instructs against the members, the guarantee of hearing will be safeguarded at all times.
Of your Integration and Operation.
Article 28. The Federal Council will be integrated as follows:
I. A president, who will be the Commissioner General;
II. A General Secretary;
III. A representative of the Internal Control Body;
IV. A representative of the Secretariat's legal unit;
V. A Counsellor for each operational area, and
VI. A Counsellor for the Federal Police legal area.
Members of the Federal Council shall be of a permanent nature, and an alternate shall be appointed in accordance with the Rules of Procedure.
Article 29. The Federal Council will have the staff necessary for the dispatch of its affairs, which will be appointed by the plenary, according to the Budget availabilities.
Article 30. The Regulation of this Law shall regulate the functioning of the Federal Council, as well as the corresponding procedures for its development. attributions.
Of The Procedure.
Article 31. The procedure that establishes members for non-compliance with the requirements of permanence or for infringement of the disciplinary regime before the The Federal Council shall initiate upon a reasoned and reasoned request from the person responsible for the Internal Affairs Unit, which is the responsibility of the President of the Federal Council, and shall forward the file of the alleged infringer to that effect.
The president will resolve if there is a place to initiate proceedings against the alleged offender, otherwise he will return the case to the sending unit.
If appropriate, it will resolve if the matter will be instructed by the plenary, some committee or committee of the Federal Council itself.
The head of the Internal Affairs Unit will be appointed by the President of the Republic; he will have management autonomy and will have, in addition to supervision of the operations referred to in Article 8 (VII) of this Law, which the Regulation grants to it.
Article 32. The Agreement issued by the President of the Federal Council regarding the non-provenance of the initiation of the proceeding may be challenged by the applicant by means of a complaint to the same Council, within five days from the notification and receipt of the relevant file.
In the complaint, the supporting unit shall express the reasons for the origin of the procedure and shall provide the evidence it deems necessary. The plenary session of the Federal Council shall decide on the same in a term no longer than five days from the hearing of the case.
Article 33. Resolved at the beginning of the procedure, the Secretary-General will summon the members of the instance and subpoena the alleged offender to a hearing by making it known to you for the offence, the place, the day and time when the hearing is to be verified and the right to provide evidence and to make pleadings, whether or not you have heard a human rights defender.
The hearing shall be held within a period of not less than five or more than 20 calendar days after receipt of the file by the President, in which time the alleged infringer may be imposed on file cars
Article 34. The notice of the summons will be made at the official address of the alleged offender's attachment, in the last one he would have reported, or in the place where he is physically and will be made aware of where the final resolution is to be made available as long as the final decision is made.
The infringer must also indicate domicile to hear and receive notifications within the place of residence of the Federal Council that knows about the matter, warning him if the subsequent notifications are not made in a visible place to the public within the premises occupied by the Council itself; in the same way, in the event of failure to provide evidence and defence, the imputation shall be accepted and accepted.
The president of the Federal Council may determine the temporary suspension of the employment, position or commission of the alleged infringer, prior to or after the notification of the initiation of proceedings, if it is appropriate for the continuation of the proceedings or investigations to be followed. This measure does not prejudge the liability to be imposed, and it should be expressly stated that this is not the case. The alleged suspended offender may challenge this determination in complaint to the Council plenary.
Article 35. The day and time indicated for the appearance of the alleged offender, the president of the instance will formally declare the hearing open and immediately, the Secretary will take the generals of that and his defender, whom he will protest in office and will warn the first to conduct himself with truth. The act followed shall give a reading to the constances relating to the imputation and the data of the charge, in order to make the alleged infringer aware of the facts attributed to him.
The Secretary of the Panel shall grant the use of the word to the alleged infringer and his/her human rights defender, who will set out in concrete form and specify what they are entitled to
Article 36. Members of the instance may ask questions of the alleged offender, request reports or other evidence, through the Secretary of the same, with the purpose of raising the necessary data for the knowledge of the subject.
Article 37. The evidence that is presented by the parties, will be duly analyzed and weighted, resolving which are admitted and which are discarded within the of the same audience.
They are eligible as a test medium:
I. Public documents;
II. Private documents;
IV. The photographs, writings and stenographic notes and, in general, all those elements contributed by the discoveries of science,
V. The presumptions, and
VI. All those that are permitted by law.
The confessional in charge of the authority is not admissible. The evidence shall be permitted provided that they are immediately related to the facts of the litis and only as far as they are conducive to the effective clarification of the facts and are offered in accordance with the law. Only facts are subject to test.
If the proof offered by the member is the testimonial, the presentation of the witnesses will be left to his office.
If the offeror is unable to present witnesses, he/she must indicate his/her address and ask the court to cite them. It will be cited for a single occasion, in case of failure to declare the test deserted.
Article 38. If the Secretary of the instance deems it necessary, for the extensive or particular of the evidence presented, he shall close the hearing, lifting the minutes , and will establish a ten-day probative term for his or her deahogo.
Otherwise, the pleadings will be made and then the procedure instruction is closed.
Article 39. Once all evidence has been undrowned and the pleadings presented, the President of the instance will close the instruction.
The Federal Council shall issue the resolution as appropriate, within the term of twenty working days from the closing of the instruction.
The resolution shall be personally notified to the person concerned through the staff designated by the Federal Council, the committee or the committee, as appropriate.
Against the resolution of the disciplinary procedure, the review procedure shall be carried out within five days from the date of the notification. of the resolution.
Article 40. The resolution to be delivered by the plenary of the Federal Council shall be duly substantiated and substantiated, contain a summary of the facts and one assessment of each and every evidence provided.
Article 41. The agreements dictated during the procedure shall be signed by the President of the Federal Council and authenticated by the Secretary-General.
Article 42. For the purposes of this Chapter, the Federal Code of Civil Procedures shall be applied in an additional manner.
From the aid to the Federal Police and the Specialist Technical Services.
Article 43. In cases where necessary, the Federal Police may assist with:
I. The specialized technical staff of the Secretariat;
II. Police in the Federal District, states and municipalities, in terms of the General Public Security System Law;
III. Captains, skippers, or national aircraft managers or aircraft;
IV. The Federal Protection Service, and
V. Individuals providing private security services, without being able to replace public security institutions with their functions.
Article 44. Federal Police auxiliaries must, as soon as the result of the aid provided to it, be informed.
Of Coordination and Cooperation with other Authorities.
Article 45. In its investigative and crime-fighting functions, the Federal Police will act under the command and conduct of the Public Ministry, in order to their actions are carried out within the framework of the law and with the necessary formalities so that the results of such actions can be presented as evidence to the courts.
Article 46. When during the development of the ministerial investigation the Federal Police deems it necessary to carry out any measures requiring a Special processing or authorization of the judicial authority shall inform the Public Ministry without delay who will resolve the conduct.
Article 47. If this is a flagrant offense, the Federal Police will dictate the measures and providences necessary for the due fulfillment of the The Federal Code of Criminal Procedures is available; in all cases, and under its strictest responsibility, it will immediately inform the Public Ministry of what has happened, and will make available to people, goods or objects related to the facts.
In such cases, the Federal Police will act in accordance with the protocols that will be established in accordance with applicable legal provisions.
From The Judicial Control.
Article 48. In accordance with Articles 16 and 21 of the Political Constitution of the United Mexican States, Federal Law Against Organized Crime, Law National Security, Federal Code of Criminal Procedures and this order, exclusively the civil authorities to which these laws refer, may request the intervention of communications. In the case of the Federal Police, the judicial authorization may be granted only at the request of the General Commissioner, when there is sufficient evidence to show that the commission of the crimes indicated is being organized. In Article 51 of this Law.
If during the preventive investigation it is advised that any of the preparatory acts is punishable in itself, the Ministry will be immediately given the Public.
Article 49. The authorities responsible for making the interventions referred to in Article 8 (XXIX) of this Law shall be governed by the principles of legality, objectivity, efficiency, professionalism, impartiality, honesty and respect for individual guarantees and human rights recognised in the Constitution.
Article 50. The Commissioner General of the Federal Police will be responsible for the intervention to be carried out in the terms of the judicial authorization. The application for authorisation shall contain the legal provisions which are based on it, the reasoning for which it is considered, the type of communications, the subjects and the places to be brought in, and the period during which the application is made. carry out the interventions, which may be carried over bimonthly, without the period of intervention, including their carryovers, exceeding six months. After this deadline, new interventions may be authorized only when the Commissioner-General of the Federal Police accredits new elements that justify it.
In the authorization, the competent judicial authority shall determine the characteristics of the intervention, its modalities and limits and, where appropriate, order the institutions public or private, specific modes of collaboration.
Article 51. The preventive communications intervention referred to in this Law shall be authorized only in the offences provided for in the legal orders which are listed below:
I. Of The Federal Criminal Code:
a) Evasion of Presos; provided for in Article 150;
b) Against health, provided for in Articles 194, 195, first paragraph, 195 Bis, except in the case of the cases provided for in the first two lines horizontal of the tables contained in Appendix I, 196 Bis, 196 Ter, 197, first paragraph and 198, first part of the third subparagraph;
c) Child or child corruption, provided for in Articles 200, 201, and 201a;
d) Pornography of persons under eighteen years of age or persons who have no capacity to understand the meaning of the fact or persons who do not have the capacity to resist it, as provided for in Chapter II;
e) Sexual tourism against persons under eighteen years of age or persons who have no capacity to understand the meaning of the fact or persons which do not have the capacity to resist it, as provided for in Articles 203 and 203 bis;
f) Lenocynium of persons under eighteen years of age or persons who have no capacity to understand the meaning of the fact or persons who do not have capacity to resist it, as provided for in Article 204;
g) Exploitation of the body of a minor by means of carnal trade, provided for in Article 208;
h) Assault on roads or roads, provided for in the second paragraph of Article 286;
i) Homicide related to organized crime;
j) Child traffic, provided for in Article 366 Ter;
k) Vehicle theft, as provided for in Article 376 Bis;
l) Those provided for in Article 377;
m) Extorsion, provided in the article 390;
n) Operations with illicit provenance resources, as provided for in Article 400 Bis;
II. The Federal Law on Firearms and Explosives the crime of clandestine introduction of firearms in terms of the Federal Law against Crime Organized;
III. Of the General Health Act, the offence of organ trafficking provided for in Articles 461, 462 and 462 Bis;
IV. Of the Migration Act, the crime of trafficking in undocumented persons, as provided for in Article 159, and
V. Those 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 Constitution Politics of the United Mexican States.
Article 52. In the authorization granted by the competent judicial authority, it must order that, where the intervention is necessary to extend to other subjects or places, the intervention must be submitted to the competent judicial authority, a new request; it shall also order that, at the end of each intervention, a record shall be released containing a detailed inventory of the audio or video information containing the sounds or images captured during the intervention, as well as to deliver a report on its results, in order to verify the due compliance of the granted authority.
The competent judicial authority may, at any time, verify that the interventions are made in the authorised terms and, in the event of non-compliance, decree their partial or total revocation.
The competent judicial authority shall agree to the request within a period of not more than 12 hours from its submission.
Regardless of the above, the Federal Police will have to give a monthly report on the intervention, which the competent judicial authority will make available to the Public Ministry.
Article 53. In case the competent judicial authority that authorized the intervention, concludes that there are no elements of the investigation to make the case Known by the Public Ministry, as it is not a criminal conduct, it will order the information resulting from the interventions to be made available and ordered to be destroyed in the presence of the Commissioner General of the Federal Police.
The reservation of the private communications interventions authorized to the General Commissioner, will be under its strict responsibility and, in case of non-compliance, will be penally sanctioned.
In case the commission of a crime is advised during the preventive investigation, the Public Ministry will be immediately given the view.
Article 54. They may only comply with the interventions authorized by the competent judicial authority, those members of the Federal Police who meet the following requirements, which:
a) They belong to the Research or Specialized Technical Services areas of the Institution;
b) Count with current trust control certification; and
c) Have a minimum police degree of sub-inspector.
All members of the Federal Police who comply with a communications intervention authorized by the competent judicial authority shall be obliged to submit to the trust control exams at the end of the test.
Article 55. In the case of the request for information provided in section XXVIII of Article 8 of this Law, the procedure will be applied to refers to this chapter.
Article First. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Article Second. All mentions that are made in any provision regarding the Federal Preventive Police shall be construed as referring to the Federal Police.
Article Third. The procedures that the date of entry into force of this decree are being substantial in the Commissions of Honor and Justice and that of the Civil Service of the Police Race of the Federal Preventive Police, must continue its proceedings before the Federal Council for Police Development, in accordance with the legal provisions in force at the time of its commencement.
Article 4. The programs, projects, and other actions that, in compliance with the provisions of this law and because of their competence, correspond to the agencies and entities of the Federal Public Administration, must be subject to the budgetary availability of the same and the one that is approved for those purposes in the Federation's Government Budget and the provisions of the Federal Law of Budget and Hacendaria Liability.
Article Fifth. The Federal Preventive Police Act is repealed and the provisions that are opposed to this Law are repealed.
Mexico, D.F., on April 30, 2009.-Sen. Gustavo Enrique Madero Muñoz, President.-Dip. Cesar Horacio Duarte Jaquez, President.-Sen. Adrian Rivera Perez, Secretary.-Dip. Margarita Arenas Guzman, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, to twenty-seven in May of two thousand nine.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of Government, Lic. Fernando Francisco Gomez Mont Urueta.-Heading.
TRANSIENT ITEMS OF REFORM DECREES
DECREE issued by the General Law to Prevent and Punish Crimes in the Matter of Kidnapping, Regulatory of the 21st Fraction of the Article 73 of the Political Constitution of the United Mexican States; and various provisions of the Federal Code of Criminal Procedures, of the Federal Criminal Code, of the Federal Law against Organized Crime, are being amended, added and repealed. Organic Law of the Judiciary of the Federation, of the Law of the Federal Police, Federal Telecommunications Law and the General Law of the National Public Security System.
Published in the Official Journal of the Federation on 30 November 2010
ARTICLE SIXTH. (j), fraction I and fractions III and IV are reconstituted; and part V, all of Article 51 of the Law of the Police, is added. Federal, to stay as follows:
First. This Decree shall enter into force on the ninety days of its publication in the Official Journal of the Federation.
Second. The criminal proceedings initiated before the entry into force of this Decree on the offences provided for therein will continue to be processed until its conclusion in accordance with the provisions in force at the time of the commission of the facts which gave rise to them. The same shall be observed in respect of the execution of the corresponding penalties.
Third. All legal provisions that are opposed to this Decree are repealed.
Fourth. The implementation of this Decree will be carried out by the respective budgets approved at the request of the three government orders comply with the requirements set forth herein.
Fifth. The provisions relating to kidnapping offences provided for in both the Federal Criminal Code and the local Criminal Codes in force until the This Decree shall continue to apply for the purposes of its validity. Those provisions shall also continue to apply to persons prosecuted or sentenced for the offences provided for and punished for the same articles.
Sixth. The Attorney General of the Republic and the Attorney General of the States and the Federal District will have one year counted from the publication of this Decree in the Official Journal of the Federation, in order to issue the corresponding administrative provisions regarding the protection of persons in the terms indicated by this Law, without prejudice to the measures of protection that you previously grant.
Seventh. The National Public Security Council and the National Conference of Attorney General of Justice will have to work out a National Program to prevent, prosecute and to sanction the conduct provided for in this order, regardless of the program of each individual entity, having a period of six months, counted from the publication of this Decree in the Official Journal of the Federation.
Eighth. The reform to the XIV fraction of article 44 of the Federal Telecommunications Law will take effect the day after the publication of the Decree on of mobile telephone users in any of their forms acquired prior to the entry into force of this Decree and, in respect of new mobile phone users, in terms of the transitional article 4 of the decree of reforms to that law, published in the Official Journal of the Federation on 9 February 2009.
Ninth. The Federal Institute of Public Defender of the Judicial Branch of the Federation, in the field of its competence, will establish the specialized areas in defense of victims of kidnapping, in the terms of the provisions of the law of the matter.
Tenth. For the establishment and organization of the specialized units against kidnapping referred to in this Law, the federal entities will have the resources of the Public Security Support Fund that they have received respectively.
Tenth First. The H. Congress of the Union may empower the victims or offended by the crimes provided for in the General Law to Prevent and Punish Crimes Article 73 (21) of the Political Constitution of the United Mexican States, to exercise the right to exercise criminal proceedings before the judicial authority for the crime of kidnapping, in the the law of the matter which the effect is issued.
Tenth Second. Within one hundred and eighty days from the entry into force of this Law, the necessary adjustments will be made to the provisions applicable to the corresponding resources for the Fund referred to in Article 38 of the General Law to Prevent and Punish the Crimes in Kidnapping, Regulatory of the 21st Fraction of Article 73 of the Constitution Politics of the United Mexican States.
Mexico, D. F., as of October 7, 2010.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Jorge Carlos Ramírez Marin, President.-Sen. Martha Leticia Sosa Govea, Secretary.-Dip. Maria de Jesus Aguirre Maldonado, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request this Decree at the Federal Executive Branch, in Mexico City, Federal District, on November 29, 2010.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, José Francisco Blake Default.-Heading.
DECREE issuing the Law on Migration and Reforming, repealing and Additional Provisions of the General Population Law, of the Code Federal Criminal Law, Federal Code of Criminal Procedures, Federal Law against Organized Crime, Federal Police Law, Law on Religious Associations and Public Cult, Foreign Investment Law, and General Law
Published in the Official Journal of the Federation on May 25, 2011
ARTICLE SIXTH. Article 51, fraction IV of the Federal Police Law, is reformed to remain as follows:
TRANSITORY OF THE DECREE ISSUED BY THE LAW OF MIGRATION AND REFORM, REPEAL AND ADD VARIOUS PROVISIONS OF THE GENERAL LAW OF THE POPULATION, OF THE PENAL CODE FEDERAL LAW, FEDERAL LAW OF CRIMINAL PROCEEDINGS, FEDERAL LAW AGAINST ORGANIZED CRIME, FEDERAL POLICE LAW, THE LAW OF RELIGIOUS ASSOCIATIONS AND PUBLIC WORSHIP, FOREIGN INVESTMENT LAW, AND THE GENERAL LAW OF TOURISM.
FIRST. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND. The reforms to the General Population Law will take effect the day after its publication in the Official Journal of the Federation, except for derogations from Articles VII and VIII of Article 3o. and Articles 7 to 75, which shall enter into force until the Regulation of the Law on Migration is in force.
The reforms to the Law of Religious Associations and Public Cult, to the Foreign Investment Law and the General Law of Tourism, will take effect until it is found. the Migration Law Regulation in force.
THIRD. References that in other laws and other legal provisions are made to the General Population Law for what it does to character issues migration, they will be understood as referring to the Migration Law.
FOURTH. The resolutions issued by the immigration authority during the validity of the provisions of the General Population Law that will be repealed will take their full legal effects.
Mexico, D. F., on April 29, 2011.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Jorge Carlos Ramirez Marin, President.-Sen. Renan Cleominy Zoreda Novelo, Secretary.-Dip. Maria Dolores Del Rio Sanchez, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to twenty-four of May of two thousand eleven.- Felipe de Jesús Calderón Hinojosa.-Rubrica.-The Secretary of the Interior, José Francisco Blake Mora.-Heading.
SENTENCE handed down by the Full Court in the Action of Unconstitutionality 48/2009, promoted by the National Commission on Human Rights, as well as a particular vote formulated by Minister Sergio A. Valls Hernández.
Published in the Official Journal of the Federation on 24 June 2011
UNCONSTITUTIONALITY ACTION 48/2009.
PROMOTING: NATIONAL COMMISSION ON HUMAN RIGHTS.
MINISTER FOR THE RAPPORTEUR: SERGIO A. VALLS HERNANDEZ.
SECRETARY: LAURA GARCIA VELASCO.
Mexico, Federal District. Agreement of the Full Court of the Supreme Court of Justice of the Nation, corresponding to the fourteen of April of two thousand eleven.
SEEN; AND RESULTING:
FIRST TO EIGHTH.- ..........
FIRST TO EIGHTH.- ...........
From the above and well founded, it resolves:
FIRST.- This unconstitutionality action is partially and partially founded.
SECOND.-This action of unconstitutionality is dismissed in relation to the concept of invalidity relating to Article 7o, fraction I of the Law of the Federal Police is a violation of Article 1. The Constitution, by discriminating against Mexicans by naturalization with respect to Mexicans by birth.
THIRD.-Invalidity of Articles 17, paragraph A, fraction I of the Federal Police Act, 23, second paragraph, point (a), 34, fraction I, paragraph a), 35, fraction I, paragraph a) and 36, fraction I, paragraph (a), of the Organic Law of the Attorney General's Office, in the respective normative portions that indicate "by birth"; as well as 17, section A, fraction I of the Law of the Police Federal and 35, fraction I, paragraph (a), of the Organic Law of the Attorney General's Office Republic, in the normative portions which indicate: "without having any other nationality", which shall have effect from the date of notification of the present resolution points to the Congress of the Union.
FOURTH.-The validity of articles 7o, fraction I, is recognized in the normative portion indicating: "have no other nationality", 8o., fraction VII, 10, fraction XII and 22, fraction I, paragraph a) of the Federal Police Act; and 18, fraction I and 36, fraction I, paragraph a), except in the normative portion indicated in the previous resolutive, of the Organic Law of the Attorney General's Office, as well as 87 of the Law of Taxation and Accountability of the Federation, in terms of the Fifth, sixth and seventh recitals of this resolution.
QUINTO.-Publish this resolution in the Official Journal of the Federation and the Judicial Weekly of the Federation and its Gazette. "
Notify; by means of trade to the parties and, in your opportunity, file the case as a concluded matter.
This was resolved by the Supreme Court of the Nation's Supreme Court:
In relation to the resolutive point First:
It was approved unanimously by the votes of the ministers Aguirre Anguiano, Cossio Diaz, Luna Ramos, Franco Gonzalez Salas, Zaldivar Lelo de Larrea, Pardo Rebolledo, Aguilar Morales, Valls Hernández, Sánchez Cordero de García Villegas, Ortiz Mayagoitia and President Silva Meza.
In relation to the Second resolver point:
Ministers Aguirre Anguiano, Cossio Diaz, Zaldivar Lelo de Larrea, Valls Hernández, Sánchez Cordero de García Villegas and President Silva Meza voted in favour of (a) to declare that the concept of invalidity is based on the fact that Article 7 (1) of the Federal Police Act is a violation of Article 1 (1). The Constitution, by discriminating against Mexicans by naturalization with respect to Mexicans by birth. Ministers Luna Ramos, Franco Gonzalez Salas, Pardo Rebolledo, Aguilar Morales and Ortiz Mayagoitia voted against the bill.
Therefore, given the vote of six votes in favour of the proposal to declare the concept of invalidity as a matter of which Article 7o (I) of the Law of the Federal Police, is a violation of Article 1. The Constitution, by discriminating against Mexicans by naturalization in respect of Mexicans by birth, in accordance with the provisions of Articles 105, II, and the last paragraph of the Political Constitution of the United Mexican States, and 72 of the Regulatory Law of Fractions I and II of Article 105 of the Constitution, the action of unconstitutionality was dismissed as no qualified majority of eight votes had been obtained.
In relation to the Third Resolutive Point:
By a majority of ten votes of the ministers Aguirre Anguiano, Cossio Diaz, Luna Ramos, Zaldivar Lelo de Larrea, Pardo Rebolledo, Aguilar Morales, Valls Hernandez, Sánchez Cordero de García Villegas, Ortiz Mayagoitia and President Silva Meza, as regards declaring the invalidity of Article 17 (A), fraction I, of the Federal Police Law, in the normative portion that indicates "by birth", as violation of Article 1. It is constitutional to discriminate against Mexicans by naturalization with respect to Mexicans by birth. Minister Franco González Salas voted against.
By a majority of nine votes of the ministers Cossio Diaz, Luna Ramos, Zaldivar Lelo de Larrea, Pardo Rebolledo, Aguilar Morales, Valls Hernandez, Sanchez Cordero García Villegas, Ortiz Mayagoitia and President Silva Meza, as regards declaring the invalidity of Article 23, second paragraph, point (a), of the Organic Law of the Attorney General's Office in the normative portion that states: "by birth," when it is a violation of Article 1. It is constitutional to discriminate against Mexicans by naturalization with respect to Mexicans by birth. Ministers Aguirre Anguiano and Franco González Salas voted against the bill.
By a majority of ten votes of the ministers Aguirre Anguiano, Cossio Diaz, Luna Ramos, Zaldivar Lelo de Larrea, Pardo Rebolledo, Aguilar Morales, Valls Hernandez, Sánchez Cordero de García Villegas, Ortiz Mayagoitia and Presidente Silva Meza, as regards declaring the invalidity of Articles 34, fraction I, (a), 35, fraction I, (a) and 36, fraction I, point (a) of the Organic Law of the Attorney General's Office. General of the Republic, in its normative portions indicating "by birth", when violation of Article 1. By discriminating against Mexicans by naturalization with respect to Mexicans by birth, they voted in favor. Minister Franco González Salas voted against the bill.
By a majority of eight votes of the ministers Aguirre Anguiano, Cossio Diaz, Luna Ramos, Zaldivar Lelo de Larrea, Pardo Rebolledo, Aguilar Morales, Sanchez Cordero García Villegas and President Silva Meza, in order to declare the invalidity of Article 17 (A), section I, of the Federal Police Law, in the normative portion that indicates "without having any other nationality." Ministers Franco González Salas, Valls Hernández and Ortiz Mayagoitia voted against it.
By a majority of nine votes of the ministers Aguirre Anguiano, Cossio Diaz, Luna Ramos, Zaldivar Lelo de Larrea, Pardo Rebolledo, Aguilar Morales, Sanchez Cordero García Villegas, Ortiz Mayagoitia and President Silva Meza, in order to declare the invalidity of Article 35, fraction I, paragraph (a), of the Organic Law of the Attorney General's Office, which indicates "without having any other nationality." Ministers Franco González Salas and Valls Hernández voted against it.
In relation to the Fourth resolver point:
By a majority of six votes of the ministers, Luna Ramos, Franco Gonzalez Salas, Pardo Rebolledo, Aguilar Morales, Valls Hernandez, and Ortiz Mayagoitia, as soon as possible. recognition of the validity of Article 7o., fraction I, of the Law of the Federal Police, in its normative portion that indicates "have no other nationality". Ministers Aguirre Anguiano, Cossio Diaz, Zaldivar Lelo de Larrea, Sánchez Cordero de García Villegas and President Silva Meza voted against.
By a majority of six votes of the ministers, Aguirre Anguiano, Luna Ramos, Pardo Rebolledo, Aguilar Morales, Valls Hernandez, and Ortiz Mayagoitia, as soon as possible. recognition of the validity of articles 8o., fraction VII and 10, fraction II, of the Law of the Federal Police. The Ministers Cossio Díaz, Zaldivar Lelo de Larrea, Sánchez Cordero de García Villegas and President Silva Meza voted against (Minister Franco González Salas was absent during the vote on these precepts).
By unanimity of eleven votes of the ministers Aguirre Anguiano, Cossio Diaz, Luna Ramos, Franco Gonzalez Salas, Zaldivar Lelo de Larrea, Pardo Rebolledo, Aguilar Morales, Valls Hernández, Sánchez Cordero de García Villegas, Ortiz Mayagoitia and President Silva Meza, regarding the recognition of the validity of Article 22, part I, paragraph (a) of the Federal Police Law.
By a majority of six votes of the ministers, Aguirre Anguiano, Luna Ramos, Franco Gonzalez Salas, Pardo Rebolledo, Aguilar Morales, and Ortiz Mayagoitia, as soon as possible. recognition of the validity of Article 18, fraction I, of the Organic Law of the Attorney General's Office. Ministers Cossio Diaz, Zaldivar Lelo de Larrea, Valls Hernández, Sánchez Cordero de García Villegas and President Silva Meza voted against.
By a majority of six votes of the ministers, Aguirre Anguiano, Luna Ramos, Franco Gonzalez Salas, Pardo Rebolledo, Aguilar Morales, and Ortiz Mayagoitia, as soon as possible. recognition of the validity of Article 36, fraction I, paragraph (a), of the Organic Law of the Attorney General's Office, without taking into account the normative portion that indicates "by birth". Ministers Cossio Diaz, Zaldivar Lelo de Larrea, Valls Hernández, Sánchez Cordero de García Villegas and President Silva Meza voted against.
By a majority of seven votes of the ministers Aguirre Anguiano, Luna Ramos, Franco Gonzalez Salas, Zaldivar Lelo de Larrea, Pardo Rebolledo, Aguilar Morales and Ortiz Mayagoitia, regarding the recognition of validity of Article 87 of the Law of Taxation and Accountability of the Federation. Ministers Cossio Diaz, Valls Hernández, Sánchez Cordero de García Villegas and President Silva Meza voted against.
In relation to the fifth resolver point:
It was approved unanimously by the votes of the ministers Aguirre Anguiano, Cossio Diaz, Luna Ramos, Franco Gonzalez Salas, Zaldivar Lelo de Larrea, Pardo Rebolledo, Aguilar Morales, Valls Hernández, Sánchez Cordero de García Villegas, Ortiz Mayagoitia and President Silva Meza.
The Ministers Aguirre Anguiano, Cossio Diaz, Luna Ramos, Franco Gonzalez Salas, Zaldivar Lelo de Larrea, Valls Hernández, Sánchez Cordero de García Villegas, and President Silva Meza, reserved their right to formulate particular, minority or concurrent votes.
Minister President Juan N. Silva Meza stated that the matter was resolved in the precise terms. I give faith.
The Minister President, John N. Silva Meza.-Heading.-The Minister-Rapporteur, Sergio A. Valls Hernández.-Heading.-The Secretary General of Agreements, Rafael Coello Cetina.-Heading.
THE LICENSED RAFAEL COELLO CETINA, SECRETARY GENERAL OF AGREEMENTS OF THE SUPREME COURT OF JUSTICE OF THE NATION, CERTIFIES: That this photocopy of a hundred twelve useful fojas, is faithful and exactly with its original corresponding to the sentence of the fourteenth of April of two thousand eleven, dictated by the Full Court in the action of unconstitutionality 48/2009, promoted by the National Commission of the Human Rights. It is certified for publication in the Official Journal of the Federation.-Mexico, Federal District, to eight June of two thousand eleven.-Heading.