Federal Organized Crime Law

Original Language Title: Ley Federal contra la Delincuencia Organizada

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Federal Law Against Organized Crime

FEDERAL LAW AGAINST ORGANIZED CRIME

Official Journal of the Federation on November 7, 1996

Latest reform published in the DOF 14 March 2014

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

ERNESTO ZEDILLO PONCE DE LEÓN, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

D E C R E T O

" THE CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:

FEDERAL LAW AGAINST ORGANIZED CRIME

TITLE FIRST

GENERAL PROVISIONS

UNIQUE CHAPTER

NATURE, OBJECT AND LAW ENFORCEMENT

Article 1o.- This Law is intended to establish rules for the investigation, prosecution, prosecution, punishment and execution of penalties for crimes committed by a member of organised crime. Its provisions are of public order and enforcement throughout the national territory.

Article 2o.- When three or more persons are in fact organized to carry out, permanently or repeatedly, conduct which in itself or is linked to others, has as end or result to commit any or some of the following crimes, will be sanctioned by that fact only, as members of organized crime:

I.     Terrorism, provided for in Articles 139 to 139 Ter, financing of terrorism provided for in Articles 139 Qc and 139 Quinquies and international terrorism provided for in Articles 148 Bis to the 148 Quater; against health, provided for in the Articles 194 and 195, first paragraph; falsification or alteration of currency, as provided for in Articles 234, 236 and 237; the provisions of Article 368 (4) of Article 368 (4) in respect of mineral oils; provided for in Article 400 Bis; and that provided for in Article 424 Bis, all of the Criminal Code Federal;

II.    Ascope and arms trafficking, provided for in Articles 83a and 84 of the Federal Law on Firearms and Explosives;

III. Trafficking of undocumented persons, provided for in Article 159 of the Law on Migration;

IV.   Traffic in organs provided for in Articles 461, 462 and 462 bis of the General Health Law;

V.    Corruption of persons under eighteen years of age or persons who are not capable of understanding the meaning of the fact or persons who have no capacity to resist it provided for in Article 201; Pornography of persons under eighteen years of age or persons who have no capacity to understand the meaning of the fact or persons who are not capable of resisting it, provided for in Article 202; Sexual tourism against persons under 18 years of age or of persons who have no capacity to understand the meaning of the event or persons who do not have the capacity to resist it, provided for in Articles 203 and 203 Bis; Lenocynium of persons under the age of 18 years or persons who are not capable of understanding the meaning of the fact or persons who do not have capacity to resist it, as provided for in Article 204; Assault, provided for in Articles 286 and 287; Trafficking in minors or persons who are not capable of understanding the meaning of the event, provided for in Article 366 Ter, and of vehicles, provided for in Articles 376 Bis and 377 of the Federal Criminal Code, or in the provisions corresponding to the State or Federal District criminal legislation;

VI.    Crimes in the field of human trafficking, provided for and sanctioned in the Second Title of the General Law to Combat and Eradicate Crimes in Matter of Trafficking in Persons and for the Protection and Assistance of Victims of these Crimes, except in the case of Articles 32, 33 and 34 and their respective punishable attempts.

VII.             The conduct provided for in Articles 9, 10, 11, 17 and 18 of the General Law to Prevent and Punish Crimes in the Matter of Kidnapping, Regulatory of the 21st Fraction of Article 73 of the Political Constitution of the States United Mexicans.

Article 3o.- The offences referred to in the previous article's fractions I, II, III and IV, which are committed by a member of organised crime, be investigated, prosecuted, prosecuted and punished in accordance with the provisions of this Law.

The offences referred to in fractions V and VII of that article shall be only if, in addition to being committed by a member of organised crime, the Ministry Public of the Federation exercises the faculty of attraction. In this case, the Public Ministry of the Federation and the federal judicial authorities will be competent to know about such crimes. Under no circumstances shall the penalties provided for in the laws of the federal entities be aggravated.

Article 4.- Without prejudice to the penalties that correspond to the crime or crimes committed, the member of the organized crime shall be subject to the penalties following:

I. In cases of health crimes referred to in section I of Article 2o. of this Law:

a) A who has functions of administration, direction or supervision, with respect to organized crime, from twenty to forty years of imprisonment and from five hundred to twenty-five thousand days fine, or

b) Who do not have the above functions, from ten to twenty years in prison and from two hundred and fifty to twelve thousand five hundred days fine.

II. In the other crimes referred to in Article 2o. of this Law:

a) A who has administrative, management, or supervisory functions, eight to sixteen years in prison, and five hundred to twenty-five thousand days fine, or

b) Who do not have the above functions, from four to eight years in prison and from two hundred and fifty to twelve thousand five hundred days fine.

In all cases, this article also refers to the seizure of the objects, instruments or products of the crime, as well as the property of the sentenced and those in respect of which it is owned, if it does not credit the legitimate provenance of such goods.

Article 5o.- The penalties referred to in the previous article will be increased by up to one half, when:

I. Be any public servant involved in carrying out the crimes planned for organized crime. In addition, such public servant, dismissal and disablement shall be imposed to perform any public office or commission, or

II. Use of minors or unable to commit any of the crimes referred to in this Law.

Article 6o.- The deadlines for the prescription of the punitive claim and the power to execute the corresponding penalties and security measures will be doubled. in respect of the offences referred to in Article 2. of this Law committed by members of organized crime.

Article 7o.- The provisions of the Criminal Code for the Federal District in the Matter of Common Fuero, and for the whole of the Republic in Matter of Federal Fuero, those of the Federal Code of Criminal Procedures and those of the legislation that establishes the rules on the execution of penalties and security measures, as well as those included in special laws.

TITLE SECOND

OF ORGANIZED CRIME RESEARCH

CHAPTER FIRST

OF THE GENERAL RULES FOR ORGANIZED CRIME RESEARCH

Article 8o.- The Office of the Attorney General of the Republic shall have a unit specialized in the investigation and prosecution of crimes committed by members of organized crime, made up of agents of the Public Ministry of the Federation, assisted by agents of the Federal Judicial Police and experts.

The specialized unit will have a technical control body, which in the private communications interventions will verify the authenticity of its results; establish guidelines on the characteristics of the devices, equipment and systems to be authorized; as well as on the keeping, preservation, maintenance and use thereof.

The Regulations of the Organic Law of the Attorney General of the Republic will establish the profiles and requirements to be met by public servants. conform to the specialized unit, to ensure a high professional level according to the privileges conferred upon them by this Law.

Whenever this Law is mentioned to the Public Ministry of the Federation, it will be understood that it refers to those who belong to the specialized unit that this article sets.

If necessary, the holder of this unit may request the collaboration of other dependencies of the Federal Public Administration or federal entities.

Article 9o.- When the Public Ministry of the Federation investigates activities of members of organized crime related to the crime of operations with resources of illegal origin, you will have to carry out your investigation in coordination with the Secretariat of Finance and Public Credit.

The requirements of the Public Ministry of the Federation, or of the federal judicial authority, of information or documents relating to the banking and financial system, will do the National Banking and Securities Commission, the National Commission of the Savings System for the Retreat, and the National Insurance and Fiance Commission, as appropriate. Those of a fiscal nature, through the Secretariat of Finance and Public Credit.

The information obtained in accordance with the preceding paragraph may be used exclusively in the investigation or in the corresponding criminal proceedings, the strictest confidentiality. The public servant who improperly breaks the reservation of the actions or provides copies of them or documents, shall be subject to the administrative or criminal liability procedure, as appropriate.

Article 10.- At the request of the Public Ministry of the Federation, the Secretariat of Finance and Public Credit will be able to carry out audits to natural or moral persons, where there are sufficient evidence to show that they are members of organised crime.

Article 11.- In previous inquiries concerning the offences referred to in this Law, the investigation shall also cover the knowledge of the organisational structures, forms of operation and areas of action. To this end, the Attorney General of the Republic may authorize the infiltration of agents.

In these cases it will be investigated not only the natural persons belonging to this organization, but the moral people of those who are valued for the realization of their criminal purposes.

Article 11a.- The holder of the organ provided for in Article 8 may authorise the reservation of the identity of the infiltrated police officers, as well as those who participate in the execution of arrest warrants, flagrant arrests and searches related to the crimes referred to in this Law, by means of a resolution founded and taking into account the type of investigation, making it impossible to record in the previous investigation of your name, address, as well as any other data or circumstances that may be used for the identification of the same.

In such cases, a numerical key will be assigned, which will only be of the knowledge of the Attorney General of the Republic, of the Holder of the aforementioned organ, of the Secretary Public Security and the public server to whom the key is assigned.

In the proceedings of prior investigation, in the exercise of criminal action and during the criminal proceedings, the Public Ministry and the judicial authority will cite the key numeric instead of the identity data of the agent. In any event, the Public Ministry will accredit to the judicial authority the agreement for the granting of the numerical key and that it corresponds to the respective public servant, preserving the confidentiality of the data of the identity of the agent. In the event that the police officer whose identity is reserved has to be personally involved in the proceedings of evidence, any procedure which guarantees the reservation of his/her identity may be used.

CHAPTER SECOND

OF INDICIATE DETENTION AND RETENTION

Article 12.- The Judge may issue the arraignment, at the request of the Public Ministry of the Federation, in the cases provided for in Article 2o. of this Law and with the modalities of place, time, form and means of realization indicated in the application, as long as it is necessary for the success of the investigation, for the protection of persons, of legal goods or when there is a founded risk that the defendant is taken away from the action of justice, without this measure being able to exceed forty days and be carried out with the supervision of the authority, which will be exercised by the Public Ministry of the Federation and the Police that is under its control. immediate leadership and leadership in the investigation.

The duration of the rootedness may be extended as long as the Public Ministry proves that the causes that gave rise to it remain, without the total duration of the Precautionary measure exceeds eighty days.

CHAPTER THIRD

OF THE BOOKING OF THE PERFORMANCES IN THE PREVIOUS INVESTIGATION

Article 13. To the proceedings of prior investigation for the offences referred to in this Law, only the Indian and his/her defender shall have access to it. has accepted the charge, only in relation to the facts imputed against them, and therefore the Public Ministry of the Federation and its auxiliaries shall keep the greatest reservation with respect to them, without prejudice to the fact that the person or his defender, on the basis of the information received, may submit the evidence of discharge which they deem appropriate.

No evidentiary value shall be granted to actions containing facts imputed to the person, where they have applied for access to the same to the Public Ministry of the Federation, you have been denied.

Article 14.- When it is founded that the integrity of persons who testify against any member of the crime is at risk In the judgment of the Public Ministry of the Federation, it will have to keep its identity under reserve until the exercise of the criminal action.

CHAPTER FOURTH

OF PRIVATE COMMUNICATIONS INTERVENTION AND SEARCH WARRANTS

Article 15.- When the Public Ministry of the Federation requests by any means to the district judge a search warrant for the investigation of any of the offences referred to in this order, such a request shall be settled in the terms of the Law within twelve hours after the receipt by the judicial authority.

If within the above period, the judge does not resolve the order of search, the Public Ministry of the Federation shall have recourse to the unitary court of a corresponding circuit to make it substantial and resolve within an equal time frame.

The car that denies the authorization is appealed by the Public Ministry of the Federation. In such cases the appeal must be resolved within a period of not more than forty-eight hours.

When the competent District Judge agrees to give an arrest warrant, he must also accompany it with a search warrant, if applicable, in the the case that it has been requested by the agent of the Public Ministry of the Federation, and must specify the address of the likely person responsible or the person who points out as the one of his possible location, or the place of the place to be registered for having the offence, as well as the other requirements referred to in Article 16 of The Political Constitution of the United Mexican States.

Article 16.- When in the prior investigation of any of the crimes referred to in this Law or during the respective process, the Attorney General Republic or the holder of the specialised unit referred to in Article 8. above, consider necessary the intervention of private communications, request it in writing to the district judge, expressing the object and necessity of the intervention, the indicia that they make of the crimes under investigation is a member of organised crime, as well as the facts, circumstances, data and other elements intended to be tested.

The intervention requests must also indicate the person (s) to be investigated; the identification of the place (s) where it will be performed; private communication to be addressed; its duration; and the procedure and equipment for the intervention and, where appropriate, the identification of the person to whose charge the service is provided through which the communication is carried out. intervention.

Private communications which are performed orally, in writing, by signs, signals or by the use of electrical appliances may be the subject of intervention, electronic, mechanical, wired or wireless, computer systems or equipment, as well as any other means or form that allows communication between one or more emitters and one or more receivers.

Article 17.- The required district judge must resolve the petition in the terms of law within twelve hours after the request was received, but in no case may it authorize interventions in the case of matters of an electoral, fiscal, commercial, civil, labor or administrative nature, or in the case of the communications of the detainee with his or her defender.

Article 18.- To grant or deny the application, the district judge will note the existence of sufficient indicia to make the person presumed to be He is a member of organised crime and the intervention is the ideal means to make up for evidence.

In the authorization the judge will determine the characteristics of the intervention, its modalities and limits and, if necessary, order public or private institutions, modes collaboration specific.

The judicial authorization to intervene private communications, which will only be carried out by the Public Ministry of the Federation under its responsibility, with the the participation of qualified experts, shall indicate the communications to be heard or intercepted, the places to be monitored, as well as the period during which the interventions will be carried out, which may be extended by the judge District at the request of the Public Ministry of the Federation, without the period of intervention, including its carryovers may exceed six months. After that period, only interventions may be authorised where the Public Ministry of the Federation has established new elements which justify it.

The district judge may at any time verify that the interventions are made in the authorized terms and, in the event of non-compliance, may decree its partial or full revocation.

The Public Ministry of the Federation will request the extension two days in advance of the date when the previous period is over. The district judge shall decide within the following 12 hours, on the basis of the report submitted to him. If the extension is refused, the authorized intervention must be terminated, the minutes must be lifted and the supplementary report submitted to the judge.

At the end of any intervention, the Public Ministry of the Federation will inform the district judge of its development, as well as its results and will raise the respective.

Interventions performed without the aforementioned authorizations or out of the terms in them ordered, will lack probative value.

Article 19.-If within the periods indicated in the two preceding articles, the district judge does not resolve the application for authorization or its extensions, the The Public Ministry of the Federation shall have recourse to the corresponding unitary circuit court, in order to make it substantial and resolve within an equal period.

The car that denies the authorization or the extension is appealed by the Public Ministry of the Federation. In such cases the appeal must be resolved within a period of not more than forty-eight hours.

Article 20.- During private communications interventions, the Public Ministry of the Federation will order the transcription of those recordings that they are of interest to the preliminary investigation and shall be checked against them in the presence of the staff of the technical inspection body of the specialised unit referred to in Article 8. above, in which case they will be ratified by the person who made them. The transcript will contain the data needed to identify the tape from where it was taken. The data or printed reports resulting from the intervention shall also be integrated into the investigation.

The video images that are deemed convenient may, if necessary, be converted to still images and be printed for integration into the inquiry. In this case, the tape from where the image comes from, and the name and position of the person who did the conversion, will be indicated.

Article 21.- If, in the practice of a private communications intervention, the commission of various crimes were known to the commission of various crimes This circumstance shall be recorded in the relevant minutes, with the exception of those relating to the matters expressly excluded in Article 16 of the Constitution. Any action by the Public Ministry of the Federation or the Federal Judicial Police, made in contravention of this provision, will lack probative value.

When of the same practice the need to extend to other subjects or places the intervention, the Public Ministry of the Federation will present to the judge of district the respective request.

When the intervention results in the knowledge of facts and data other than those that are intended to be tested according to the corresponding authorization, it may be used as a means of proof, provided that they relate to the subject of the intervention itself and that it is one of the offences referred to in this law. If they relate to a different person, they may be used only, where appropriate, in the procedure in which the intervention was authorised. Otherwise, the Public Ministry of the Federation shall initiate the preliminary investigation or bring it to the attention of the competent authorities, as appropriate.

Article 22.- Of any intervention, a circumstantial act will be lifted by the Public Ministry of the Federation, which will contain the dates of the start and end of the intervention; a detailed inventory of the documents, objects and audio or video tapes containing the sounds or images captured during the procedure; the identification of those who have participated in the proceedings, as well as the other data that it considers relevant to the investigation. The original tapes and the duplicate of each of them shall be progressively numbered and contain the data necessary for their identification. They will be kept in sealing and the Public Ministry of the Federation will be responsible for their safety, care and integrity.

Article 23.- When the process starts, the tapes as well as all existing copies and any other results of the intervention will be delivered to the district.

During the process, the district judge will make the tapes available to the defendant, who will be able to listen to them or see them for a period of ten days, under the supervision of the federal judicial authority, who shall ensure the integrity of these evidentiary elements. At the end of this ten-day period, the defendant or his/her defender shall make their observations, if they have, and may request the judge to destroy those tapes or documents which are not relevant to the proceedings. You will also be able to request the transcription of those recordings or the image printing, which you consider relevant to your defense.

The destruction will also be sourced when the tapes or records come from an unauthorized intervention or the terms of the authorization would not have been fulfilled. respective judicial.

The auto that resolves the destruction of tapes, the transcription of recordings, or the fixing of images, is appealable with suspensory effect.

Article 24.- In case of non-exercise of the criminal action, and after the legal deadline to challenge it without it happening, the tapes will be put to District judge who authorized the intervention, who ordered his destruction in the presence of the Public Ministry of the Federation. The same procedure shall apply when, subject to prior investigation or other circumstances, the investigation has not been entered and the time limit for the limitation of the criminal action has elapsed.

Article 25.- In cases where the Public Ministry of the Federation has ordered the arrest of any person as provided for in Article 16 The court may request the district judge to authorize the intervention of private communications, which must be resolved in the terms of the law within 12 hours after it was received, if it complied with all requirements established by law.

Article 26.- Dealers, permissioners, and other media holders or systems susceptible to intervention in the terms of this Chapter, they shall cooperate efficiently with the competent authority for the purpose of the conduct of such proceedings, in accordance with the applicable regulations and the relevant court order.

Article 27.- The public servants of the specialized unit referred to in Article 8o. of this Law, as well as any other public servant, which intervenes private communications without the corresponding judicial authorization, or who perform it in terms other than the authorized ones, will be punished with imprisonment of six to twelve years, Five hundred to a thousand days fine, as well as with removal and disablement to perform other employment, office or public commission, for the same term of the imposed prison sentence.

Article 28.- Those who participate in any private communications intervention must reserve the contents of the intervention.

The public servants of the specialized unit provided for in Article 8o. of this Law, as well as any other public servant or public servants of the Federal Judicial Branch, who participate in any process of the crimes referred to in this Law, who disclose, disclose or otherwise use improperly or to the detriment of other information or images obtained in the course of an intervention of private communications, authorized or not, will be punished with imprisonment of six to twelve years, of five hundred to a thousand days fine, as well as with the dismissal and disablement for carry out other employment, office or public commission, for the same time as the prison term imposed.

The same penalty shall be imposed on those who, on the occasion of their employment, office or public commission, are aware of the existence of an application or authorization to intervene. private communications and disclose their existence or content.

CHAPTER QUINTO

THE INSURANCE OF ASSETS LIABLE TO BE SEIZED

Article 29.- Where there are sufficient indications that a person is a member of organized crime, the Public Ministry of the Federation may have, subject to judicial authorization, the insurance of the assets of that person, as well as those for which the person is driving as owner, and the holders of that person are entitled to prove the legitimate origin of the goods. such goods, in which case the insurance shall be ordered to be lifted.

Article 30.- When there are sufficient indications that they can assume that there are goods that are owned by a member of organized crime, or that the owner is driving as owner, they will be able to secure prior judicial authorization. If their legitimate provenance is credited, they must be ordered to lift the insurance.

Article 31.- The insurance of goods referred to in this Law may be carried out at any time of investigation or process.

Article 32.- The insured property shall be made available to the judge of the cause, after determination of the Public Ministry of the Federation of the measures (a) provisional measures necessary for their conservation and protection, without prejudice to the provisions of Articles 40, 41 and 193 of the Criminal Code for the Federal District in the Matter of Common Fuero, and for the entire Republic in the field of Federal Fuero and 181 of the Federal Code of Criminal Procedures.

Article 33.- The judge of the cause, at all times during the process, shall take the appropriate determinations for the supervision and control of the goods. insured under the provisions of this Law. The administration of assets insured by the Public Ministry of the Federation, in accordance with the provisions of this Law and, where appropriate, the application and destination of the funds that come from such goods, shall be determined by the Technical Council of Property Insured, provided for in the Organic Law of the Attorney General's Office.

CHAPTER SIXTH

OF THE PROTECTION OF PERSONS

Article 34.- The Attorney General's Office shall provide sufficient support and protection to judges, experts, witnesses, victims and other persons, when they are intervention in criminal proceedings on crimes referred to in this Law, as required.

CHAPTER SEVENTH

OF COLLABORATION IN THE PURSUIT OF ORGANIZED CRIME

Article 35.- The member of organized crime who provides effective assistance for the investigation and prosecution of other members of the same, may receive the The following benefits:

I. When there is no prior investigation against them, the evidence elements that contribute to or are derived from the previous investigation initiated by their collaboration, shall not be taken into account against him. This benefit may only be granted on one occasion in respect of the same person;

II. When there is a prior investigation in which the contributor is involved and provides evidence for the entry of other members of the organised crime, the penalty for the offences committed for the offence, may be reduced by up to two thirds;

III. When during the criminal proceedings, the indicado provides certain, sufficient evidence to sentence other members of organized crime to administration, management or supervisory functions, the penalty for which you are judged, may be reduced by up to one half, and

IV. When a sentenced man provides certain evidence, sufficiently valued by the judge, to sentence other members of organized crime to administrative, management or supervisory functions, may be granted the partial remission of the penalty, up to two thirds of the custodial sentence imposed.

In the imposition of the penalties, as well as in the granting of the benefits referred to in this article, the judge will take into account in addition to what the Articles 51 and 52 of the Criminal Code for the Federal District in Materia de Fuero Común, and for the entire Republic of Federal Fuero, the seriousness of the crimes committed by the collaborator. In the cases of section IV of this Article, the competent authority shall take into account the seriousness of the offences committed by the contributor and the provisions laid down by the legislation on the execution of penalties and security measures.

Article 36.- In case there is evidence other than self-incrimination against the person who collaborates with the Public Ministry of the Federation, at the request of the latter may be reduced to three fifths, provided that, at the discretion of the judge, the information supplied is corroborated by other evidence of evidence and is relevant to the detention and processing of other members of organised crime of greater danger or hierarchy that the contributor.

Item 37. When an arrest warrant is made against a member of organized crime, the authority may offer reward to those who assist efficiently for their location and apprehension, in the terms and conditions that, by agreement specific, the Attorney General of the Republic determines.

In the case of kidnapping, the authority may offer reward to those who have not participated in the crime, assist with any information that is true and effective for the release of the victims or the apprehension of the alleged perpetrators. The authority shall ensure the confidentiality of the informant.

Article 38.- In the event that anonymous information is received on facts related to the commission of the crimes referred to in this article Law, the Public Ministry of the Federation will have to order that these facts be verified. If the information is verified and sufficient evidence is derived from the commission of these offences, a preliminary investigation must be initiated, evidence or witnesses shall be examined from this check, but in no case shall be the case. Such information, by itself, will have any probative value within the process.

For the exercise of criminal action, it will necessarily be required of the corresponding complaint, accusation or complaint.

Article 39.- Every person whose power is found to be objects or documents that may serve as evidence has an obligation to display them, when that is required by the Public Ministry of the Federation during the previous investigation, or by the judge during the process, with the provisos that they establish the laws.

TITLE THIRD

OF THE RULES FOR TEST AND PROCESS VALUATION

UNIQUE CHAPTER

Article 40.- For the purposes of checking the elements of the criminal type and the liability of the defendant, the judge will prudently value the imputation make the various participants in the event and other people involved in the previous investigation.

Article 41.- The judges and courts will appreciate the value of the indicia until they can consider their whole as full proof, according to the nature of the facts, the test of them and the link that exists between the known truth and the one that is sought.

Evidence admitted in a process may be used by the investigating authority for the pursuit of organised crime and be valued as such in other procedures related to the offences referred to in this Law.

The irrevocable judgment of the court which has established the existence of a particular criminal organisation shall be fully evidence of the existence of such a criminal organisation. organization in any other procedure, so it would only be necessary to prove the connection of a new person to this organization, in order to be sentenced for the crime of organized crime.

TITLE FOURTH

UNIQUE CHAPTER

PREVENTIVE IMPRISONMENT AND ENFORCEMENT OF SECURITY PENALTIES AND MEASURES

Article 42.- The authority shall keep the defendants in detention or sentenced to cooperate in the prosecution and prosecution of other members of the organised crime, in establishments other than those where the latter are held, either in pre-trial detention or in execution of a sentence.

Article 43.- Those sentenced for the offences referred to in this Law shall not be entitled to the benefits of preparatory or conviction conditional, except in the case of those who cooperate with the authority in the investigation and prosecution of other members of organised crime.

Article 44.- The same rule shall apply in relation to preliberational treatment and partial remission of the penalty referred to in the law establishing the rules on the execution of penalties and security measures.

Article 45.- Those sentenced for the crimes referred to in this law will not have the right to commend their sentences in the prison facility closest to their address.

The legislation laying down the rules on enforcement of penalties and security measures shall provide for the definition of the special centres for preventive detention and the execution of sentences, the restriction of communications of the accused and sentenced and the imposition of special surveillance measures on inmates for organized crime.

TRANSIENT

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

Mexico, D.F., on October 28, 1996.-Sen. Melchor de los Santos Ordonez, President.-Dip. Serafin Núñez Ramos, President.-Sen. Eduardo Andrade Sanchez, Secretary.-Dip. Severiano Pérez Vázquez, 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 at the residence of the Federal Executive Branch, in Mexico City, Federal District, six days in November of a thousand nine hundred and ninety-six.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Governor, Emilio Chuayffet Chemor.-Heading.