Key Benefits:
Official Journal of the Federation on May 28, 1998
Last reform published in the DOF on December 24, 2014
| Effective note: The reform of Articles 4, fraction I, and 10; and the addition of an article 12 Bis, published by Decree DOF 27-12-2012, shall enter into force in accordance with the Transitional First Article of that Decree |
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
DECREE
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
FEDERAL LAW OF PUBLIC DEFENDER AND REFORM OF THE ORGANIC LAW OF THE JUDICIARY OF THE FEDERATION.
ARTICLE FIRST.- The Federal Law of Public Defender is approved, based on the initiatives presented by Senators Amador Rodríguez Lozano and José Natividad Jiménez Moreno, to stay as follows:
FEDERAL LAW OF PUBLIC DEFENDER
TITLE FIRST
From the Public Defender's Office
CHAPTER I
General Provisions
Article 1. This Law is intended to regulate the provision of the public office of defense in matters of the federal jurisdiction, in order to guarantee the right to defense in criminal matters and access to justice through guidance, counseling and legal representation in terms that it sets.
Its provisions are of public order and enforcement throughout the national territory.
Article 2. The public defender service will be free. It will be provided under the principles of probity, honesty and professionalism and in a mandatory manner, in the terms of this Law.
Article 3. For the provision of public advocacy services, the Federal Institute of Public Defender is hereby established as the body of the judicial branch of the Federation. In the performance of its functions it shall enjoy technical and operational independence.
Article 4. Public advocacy services will be provided through:
I. Public defenders, in the cases of the federal criminal order and the Federal Justice for Adolescents, from the preliminary investigation or investigation to the execution of the penalties or measures, and
II. Legal advisers, in matters of non-criminal order, except those expressly granted by the Law to other institutions.
Article 5. To enter and remain as a public defender or legal advisor is required:
I. Being a Mexican citizen in exercise of his political and civil rights;
II. Be licensed in law, with professional cedula issued by the competent authority;
III. To have at least three years of professional experience in matters related to the provision of its services;
IV. Enjoy good fame and moral solvency;
V. Approve the corresponding entrance and opposition exams, and
VI. Not having been convicted of criminal offence with a custodial sentence of more than one year.
Article 6. Public defenders and legal advisors are required to:
I. To personally provide guidance, counseling, and representation to persons who request it in the terms of the Constitution Policy of the United Mexican States, this Law and the other applicable provisions;
II. Represent and exercise before the competent authorities the interests and legal rights of the defendants or assisted, to whose effect they shall assert actions, shall oppose exceptions or defenses, interpose incidents or resources and shall carry out any other procedure or management that proceeds in accordance with the law resulting in an effective defence;
III. Avoid at all times the defensiveness of your represented;
IV. To monitor the respect of the individual guarantees of their represented and to formulate the respective claims of protection, when the individual guarantees are estimated to be violated;
V. Take a record and form a control file for all procedures or matters in which they intervene, since they are taken until their end of their intervention;
VI. Understand with courtesy to users and provide their services with diligence, responsibility and initiative, and
VII. Others arising from the nature of their functions and the applicable legal provisions.
Article 7. Public defenders and legal advisors are prohibited from:
I. To perform other employment, office or commission in any of the three government orders, except for the performance of teaching activities;
II. The special exercise of the profession of lawyer, except in the case of his own cause, that of his spouse or his concubine, concubinaire, as well as consanguine relatives in a straight line without limitation of degree, and collateral up to the fourth grade, by affinity or civil, and
III. Act as judicial officers, guardians, curators or executors, judicial depositaries, syndicates, administrators, bankruptcy or contest controllers, notaries, commissions, arbitrators, arbitrators, or judicial officers (a) an endorsement by an attorney, or any other activity where the activity is incompatible with his or her duties.
Article 8. The civil service of career for public defenders and legal advisors, includes selection, admission, membership, permanence, promotion, training, benefits, incentives and sanctions. This civil service will be governed by this law, by the general provisions dictated by the Council of the Federal Judicature and by the general bases of organization and operation of the Federal Institute of Public Defender.
Article 9. The Director General, public defenders, legal advisors and the technical staff of the Federal Institute of Public Defender will be considered trusted public servers.
CHAPTER II
From Public Advocates
Article 10. Public defenders and public defenders for adolescents will be immediately assigned by the Federal Institute of Public Defender, without more requirements than the request made by the adolescent or young adult to whom the Federal Law of Justice is being applied to Adolescents, by the person in the preliminary investigation, the defendant in the criminal proceedings, the sentenced and the Agent of the Public Ministry or the Agent of the Federal Public Ministry for Adolescents, or the court, as the case may be.
Article 11. The Public Defender Service to the Public Ministry of the Federation understands:
I. Immediately attend to the requests made by the indiciate or the Public Ministry Agent necessary for the defense;
II. To request the Agent of the Public Ministry of the Federation concerned for the captive freedom, if it were to proceed or the non-exercise of the criminal action in favor of its defended, when there are not enough elements for its consignation;
III. Interview the defendant to hear the personal version of the facts that motivate the previous investigation against him, as well as the arguments and evidence that they serve to justify or explain their participation in the same facts, for the purpose of being able to assert them before the authority of knowledge;
IV. legally assist the defendant at the time he gives up his ministerial statement, as well as any other diligence established by the Law;
V. Inform the defendant or his/her family members of the legal process to be developed throughout the process to establish close communication with them on the particular;
VI. Analyze the constances that work in the case to have greater elements for the defense;
VII. Seek the continuity and uniformity of criteria in the defense, and
VIII. The other promotions necessary to perform a law-based defense that will lead to an expeditious and prompt delivery of justice.
Article 12. The Public Defender Service, before the Federal Courts and Courts, understands:
I. Immediately attend to requests made to you by the defendant, or by the judge of the cause;
II. Ask the judge for the cause of the captive freedom, if it were to proceed;
III. Make use of the means that distort the elements of the criminal type or the probable responsibility of the defendant, at any stage of the process, offering the evidence and promoting the incidents, resources, pleadings and other actions that are necessary for effective defense;
IV. Attend legally to the defendant and be present at the time you give up your preparatory statement and let you know your rights;
V. Formulate the conclusions referred to in the Federal Code of Criminal Procedures, at the appropriate procedural time;
VI. Inform the defendant or his/her family members of the legal process to be developed in the appeal phase to establish close communication with them on the subject;
VII. To analyze the constances in cars in order to have greater elements for the formulation of the respective grievances at the procedural moment appropriate, during the processing of the second instance;
VIII. Practice the necessary visits to the detention centers in order to communicate to your defendant the procedural state in which you are finds its subject, report the requirements for its provisional release under caution, as well as those to obtain the preliberational benefits that may be appropriate;
IX. To monitor the proper enforcement of the sentences, procuring for their represented the benefits that, if any, establish the legal provisions applicable, and
X. Other promotions that are necessary for proper law-based defense.
Article 12 Bis. To public defenders for adolescents, in addition to the privileges referred to in the preceding articles, the following:
I. Exercise the legal defense of adolescents or young adults to whom the conduct of a criminalized conduct is attributed as a crime, circumstances that his counterpart, from the moment they are presented to the Public Ministry of the Federation for Adolescents and while they are subject to any of the phases of the Federal System of Justice for Adolescents;
II. Attend the teen or young adult subject to the application of the Federal Law of Justice for Adolescents, especially in those times when the decision of the authority to change its legal status or to put its rights or guarantees at risk;
III. Maintain constant communication with the teen or young adult, their parents, guardians, or who exercises the parental authority, or custody, to inform them of the investigation, process or measure;
IV. Pugnar so that at all times the rights and guarantees of adolescents or young adults to whom he defends are respected, and to make knowledge immediate authorities concerned when such rights and guarantees are not respected, or if such rights are imminently imminent;
V. Immediately inform the teen or young adult subject to the application of the Federal Law of Justice for Adolescents, on their legal status, as well as the rights and guarantees granted to it by the applicable legal provisions;
VI. Promote alternative solutions to the process;
VII. To request the Public Ministry of the Federation for Adolescents not to exercise the referral to the District Judge for Adolescents, when the elements required for this are not found, and
VIII. Carry out all necessary formalities or procedures, in time and in accordance with the right for effective defense of the adolescent or young adult, including offering and proof-of-proof, carrying out the air, making allegations, torts, conclusions, interposition of resources, incidents and other acts of conduct.
Article 13. Complaints to be made by public defenders, detainees or inmates of detention or detention facilities for lack of medical attention; torture; for cruel, inhuman or degrading treatment, by beating and any other violation of his or her human rights that come from any public servant, shall be reported to the public ministry, to the authority that holds the prisoners and social rehabilitation centres and the protective bodies of the human rights, as appropriate. In order to ensure that the authorities adopt measures to end such violations, their repetition shall be prevented and, where appropriate, those who have committed them shall be punished, in accordance with applicable law.
CHAPTER III
From Legal Advisers
Article 14. To enjoy the benefits of legal advice, a request will be filled in the formats that the Federal Institute of Defensoria will produce for this purpose. Public, and must be met with the requirements laid down in the general organizational and operating bases.
In the assignment of a legal advisor preference will be given to the choice of the user, in order to achieve greater confidence in the delivery of the service.
In case the advisory service is requested by opposing parties or with opposing interests, it will be provided to the person who has requested it first.
Article 15. Legal advisory services will be provided, preferably, to:
I. People who are unemployed and do not perceive income;
II. Retired or retired workers, as well as their spouses;
III. Casual or underemployed workers;
IV. Those who receive, under any concept, monthly income lower than those provided for in the general organizational and operating bases;
V. Indigenous people, and
VI. People who for any social or economic reason have the need for these services.
Article 16. To determine whether the applicant for legal advisory services meets the requirements set for the service to be granted, require a social and economic study, developed by a social worker at the Federal Institute of Public Defender.
In the cases of urgency provided for in the general bases of organization and operation, it should be provided immediately and for the only time, the legal advice, without waiting the results of the socio-economic study.
Article 17. Legal advice service will be removed when:
I. The user clearly manifests and expressed that he has no interest in continuing to provide the service;
II. The service user dolefully incurs falsehood in the data provided;
III. The user or his economic dependents commit acts of violence, threats or insults against the staff of the Federal Institute of Public Defender, and
IV. The socioeconomic causes that gave rise to the service delivery are displayed.
Article 18. In case of withdrawal, the appropriate legal adviser must provide a detailed report to the Director General of the Federal Institute of Defensoria Public, in which the cause justifying the withdrawal of the service is credited. The report shall be notified to the person concerned, giving him a period of five working days so that, in writing, he may provide the information which may, in his opinion, undermine the report.
Once the document has been submitted by the person concerned or, after the five-day period, the file shall be sent to the internal unit concerned, in order to resolve the what is appropriate, making it known to the data subject.
In case of withdrawal, the person concerned shall be granted a period of 15 calendar days for the legal adviser to cease to act.
Article 19. The legal advisors will perform their duties according to the general bases of organization and operation of the Federal Institute of Defensoria Public and according to the nature of each of the cases for which legal advice will be provided.
CHAPTER IV
Of Auxiliary Services
Article 20. When the needs of the service require it and for the effective attention of the affairs of its competence, the Federal Institute of Public Defender may contract the services of persons and institutions of recognised probity, capacity and experience, in accordance with the following criteria:
I. The hiring will be to perform external consulting functions at the stage of the process before the courts and to provide expert services for greater defense effectiveness;
II. The procurement shall be carried out to support the functions of public defenders and legal advisors in matters determined by the Federal Institute of Public Defender, and
III. The corresponding lawyers, in solidarity with the social purposes of the Federal Institute of Public Defender, will be able to make donation to the latter, of the fees that correspond to them for their professional performance. Such donations will be tax deductible in terms of the tax provisions.
Article 20 Bis.- In order to guarantee the right to defense in criminal matters and to legal advice in favor of persons belonging to the peoples and Indigenous communities, through access to the jurisdiction in the national indigenous language in which they are speakers, the Federal Institute of Public Defender will act in coordination with translators and interpreters who have knowledge of the language and culture to which they belong.
For the purposes referred to in the preceding paragraph, the Institute shall conclude agreements with the institutions which may assist in obtaining such aims and will promote the training of both public defenders and bilingual indigenous legal advisors.
Article 21. To promote the participation of students of the Bachelor of Law, in public and private universities in the services of defense public, the Federal Institute of Public Defender, may conclude agreements with them, so that they can provide their social service, in accordance with the requirements that the general bases of organization and operation.
Article 22. Services performed by social service providers at all times shall be supervised by a public defender or legal adviser.
TITLE SECOND
FROM THE FEDERAL INSTITUTE OF PUBLIC DEFENSE
CHAPTER I
General Provisions
Article 23. The Federal Institute of Public Defender will have a Board of Directors, a Director General and the administrative and technical staff who will For the proper performance of their functions, they shall be determined in the budget.
Article 24. The Federal Institute of Public Defender will appoint for each investigative unit of the Public Ministry of the Federation, Circuit Court and Federal Court of Criminal Matters, at least to a public defender and the necessary relief personnel.
Article 25. The investigative units of the Public Ministry of the Federation, the Courts and Courts of the Federal Judicial Branch shall provide in their local, appropriate physical location and sufficient for the performance of public defenders and legal advisors.
Article 26. For the proper performance of their duties, the Federal Institute of Public Defender will promote the conclusion of coordination agreements with all who may assist in the attainment of the purposes of this Law.
CHAPTER II
From the Board of Directors
Article 27. The Board of Directors will be composed of the Director General of the Federal Institute of Public Defender, who will chair the Board and six professionals from the Right of recognized prestige, appointed by the Council of the Federal Judicature, on the proposal of its President.
Members of the Board of Directors will perform their duties in a personal and inselectable manner. They will last for three years and can be re-elected for a single occasion.
Article 28. The Board of Directors shall meet with a minimum of four members and shall take its decisions by a majority of the votes of the members present. In case of a tie the Director General shall have a vote of quality.
Ordinary sessions shall be verified at least every six months, without prejudice to the possibility that they may be convened by the Director-General or by application to the Director-General. at least three members of the Board of Directors, where it is considered that there are reasons of importance for this.
Article 29. The Board of Directors shall have the following powers:
I. Set the policy and actions related to the public defender's office, considering the views expressed in this respect;
II. Promote that public and private institutions, bodies, and associations contribute to the raising of the professional level of public defenders and legal advisors, and also provide the Board with technical advice on specific areas or issues where this requires it;
III. To encourage the various public and private bodies to support the modalities of the system of provisional freedom of the defendants who lack sufficient economic resources for the payment of the security to be fixed;
IV. Promote the conduct of studies aimed at perfecting the public advocacy service;
V. To encourage the conclusion of agreements with the various social sectors and public and private bodies;
VI. Approve the guidelines for the selection, entry and promotion of public defenders and legal advisors;
VII. Approve the general bases of organization and operation of the Federal Institute of Public Defender;
VIII. Approve the proposal for a preliminary draft budget to be submitted to the consideration of the Federal Judicature Council;
IX. Approve the general guidelines for the hiring of private lawyers in the cases referred to in this Law, taking into account the budgetary and administrative criteria to be determined by the Federal Judicature Council;
X. Approve the Federal Institute of Public Defender's Annual Training and Stimulus Plan;
XI. Browse and approve periodic reports to be considered by the Director General, and
XII. The others that grant you this Law and other applicable legal provisions.
CHAPTER III
From The Director General
Article 30. The Director General of the Federal Institute of Public Defender will be appointed by the Federal Judicature Council, on a proposal from its President and will last three years in his office, and may be re-elected.
Article 31. The Director-General of the Institute shall meet the following requirements for designation:
I. Being a Mexican citizen by birth, not having acquired another nationality and being in full exercise of your civil and political rights;
II. Be at least thirty years old, the day of your designation;
III. Credit experience of three years in the practice of law, especially related to matters related to their functions; and to own, to the day of the designation, title and professional cedula in law, issued by the legally empowered authority or institution with minimum age of five years computed on the day of its designation, and
IV. Gozar of good reputation, professional prestige and not having been convicted of criminal offense with a custodial sentence of more than one year. However, if it were illegal such as theft, fraud, falsification, breach of trust or other that seriously injured the person's good reputation in the public concept, it will disable the person to take office whatever the penalty has been. imposed.
The Federal Judicature Council will seek to prefer, on an equal basis, to those who have served as public defender or similar.
Article 32. The Director General of the Federal Institute of Public Defender's Office shall have the following powers:
I. Organize, direct, evaluate and control the public advocacy services provided by the Federal Institute of Public Defender, as well as its administrative units;
II. To follow up on the criminal cases that are being attended to know, among other things, whether those prosecuted with the right to be held captive are enjoying this benefit, if they comply with the obligation to present themselves within the time limits. fixed, as well as whether the processes are suspended or the term of limitation of the criminal action has elapsed;
III. Learn about complaints against public defenders and legal advisors and, where appropriate, investigate the likely liability of employees of the Federal Institute of Public Defender;
IV. Monitor that any and all obligations imposed on public defenders and legal advisors are met; determining, if they have incurred any causal liability on the part of these or employees of the Federal Institute of Public Defender;
V. Propose to the Board of Directors the policies it deems appropriate for the greater effectiveness of the defense of the accused;
VI. Propose to the Board of Directors the general bases for the organization and operation of the Federal Institute of Public Defender;
VII. Propose to the Federal Judicature Council, the sanctions and disciplinary corrections to be imposed on public defenders and legal advisors;
VIII. To promote and strengthen the relations of the Federal Institute of Public Defender with public, social and private institutions that, by the nature of their functions, can contribute to the fulfillment of their powers;
IX. Propose to the Board of Directors the draft Annual Training and Stimulus Plan of the Federal Institute of Public Defender; as well as a program of dissemination of the services of the Institute;
X. Develop an annual work report on comprehensive activities developed by each and every public defender and legal adviser who belong to the Federal Institute of Public Defender, which must be published;
XI. Draw up the proposal for a preliminary draft budget to be submitted for consideration by the Board of Directors, and
XII. The others that are necessary to comply with the object of this Law.
CHAPTER IV
From Administrative Units
Article 33. The holders of the Administrative Units shall meet for their designation, the following requirements:
I. Be a Mexican citizen and be in full exercise of your civil and political rights;
II. Be over thirty years of age, on the day of your appointment;
III. Have a legally issued and registered professional title and experience in the matter, in accordance with the duties to be performed, at least five years old, and
IV. Enjoy good reputation, professional prestige and not have been convicted of criminal offence with a custodial sentence of more than one year or any other offence that damages the good fame of the person, anyone who has been the penalty.
CHAPTER V
Impediments
Article 34. Public defenders must be excused from accepting or continuing the defense of an accused when there are any of the intended causes of impairment. in fractions I, II, IX, XIII, XIV and XV of Article 146 of the Organic Law of the Judicial Branch of the Federation.
Article 35. Legal advisors should be excused from accepting a subject when:
I. Tenant relationships of kinship, affection or friendship with the opposing party to the service applicant, and
II. Sean debtors, partners, tenants, heirs, guardians or curators of the opposing party to the service applicant or have any personal interest in the service subject.
The legal advisor will expose in writing its excuse to its superior, which, after making sure it is justified, will expose the applicant by designating another defender.
CHAPTER VI
From The Annual Training and Stimulus Plan
Article 36. For the best performance of the staff of the Federal Institute of Public Defender, an Annual Training and Stimulus Plan will be developed, according to the following criteria:
I. The guidelines provided by the Institute's Board of Directors will be collected;
II. broad participation will be granted to public defenders and legal advisors in the formulation, implementation and evaluation of the results of the plan;
III. Will seek to extend the training to social workers and experts, as appropriate and to interrelate all professionals of the Federal Institute of Public Defender and to optimize their preparation and the service they provide, and
IV. Economic stimulus will be provided for personnel whose performance warrants it.
CHAPTER VII
From the Responsibility of Public Advocates and Legal Advisers
Article 37. In addition to those arising from other legal provisions, regulations or general agreements issued by the Federal Judicature Council, or the Organic Law of the Judiciary of the Federation, will be causes of responsibility of the public servants of the Federal Institute of Public Defender:
I. Improperly interfere in matters that fall within the competence of other organs of the judicial branch of the Federation, or act unduly when they are prevented by any of the causes provided for by fractions I, II, IX, XIII, XIV and XV of the Article 146 of the Organic Law of the Judicial Branch of the Federation; precisely in contravention of the provisions of Article 148 of the legal order by appointment;
II. Unjustifiably neglect and abandon the performance of the duties or duties to be performed by virtue of your order;
III. Do not bring to the attention of the Director, and this of the Council of the Federal Judicature, any act aimed at violating the independence or autonomy of its functions;
IV. Do not preserve the dignity, impartiality, ethics and professionalism of the exercise of their powers;
V. Issue public opinion that involves prejudging on a matter of your competence;
VI. Unjustifiably refuse to sponsor the defense of the indiciados that, having no particular defender or sufficient economic resources to cover the fees of any, be designated by them, the Public Ministry of the Federation or the relevant court;
VII. Stop bringing in time and form the legal remedies that proceed, disregard their processing, desist from them or abandon them to the detriment of their defended or assisted;
VIII. Accept handouts or any remuneration for the services they provide to their defended or assisted, or to ask these or the persons who are interested in them, money or any other remuneration to fulfil the functions that free of charge, and
IX. Stop complying with any of the other obligations which, by virtue of the existence of the institution, have been conferred upon them.
Article 38. They will also be responsible for any server of federal law enforcement and administration systems, conduct conduct that attacks the autonomy and independence of public defenders or legal advisors. or any other action that would create or imply undue subordination of these public servants to any person or authority.
Article 39. The procedure for determining the responsibility of the Director General and other members of the Federal Institute of Public Defender, as well as the applicable sanctions, will be the one provided for in the Eighth Title of the Organic Law of the Judicial Branch of the Federation, and your knowledge, will be the exclusive competence of the Council of Federal Judicature.
ARTICLE SECOND.- ..........
TRANSIENT
FIRST. The Federal Law of Public Defender and the reforms to the Organic Law of the Judiciary of the Federation, will enter into force from the day after its publication in the Official Journal of the Federation.
SECOND. The Law of the Federal Office of the Office of the Federal Office, published the Official Journal of the Federation opened on 9 February 1922.
THIRD. All the human and material resources assigned to the Office of the Federal Office of the Federal Ministry of Defense will go to the Federal Institute of Public Defender. The labor rights of the personnel who provide their services in the said Unit will be respected in all its terms. The matters that are in charge of the Office of the Ombudsman will be passed to the Federal Institute of Public Defender.
FOURTH. The Federal Judicature Council shall appoint the Director-General of the Federal Institute of Public Defender, within thirty days and within sixty days, to the persons who will integrate the Board of the Institute itself; both periods counted from the entry into force of this Law.
QUINTO. Within six months of the entry into force of the Federal Law of Public Defender, all members of the Federal Institute of Public Defender's Office must be exercising their functions and providing the services provided by the Federal Public Defender's Office. Law.
SIXTH. Within six months of the entry into force of this Law, the Board of Directors of the Federal Institute of Public Defender shall approve the General Bases of Organization and Operation of the Institute itself.
SEVENTH. All provisions which are contrary to this Decree shall be repealed.
Mexico, D.F., at April 28, 1998.-Sen. Dionisio Pérez Jacome, President.-Dip. Aurora Bazan Lopez, President.-Sen. José Luis Medina Aguiar, Secretary.-Dip. Francisco Antonio Ordaz Hernandez, 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, at the twenty-seven days of the month of May of a thousand nine hundred and ninety-eight.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Governor, Francisco Labastida Ochoa.-Heading.
