Federal Justice For Adolescents Act

Original Language Title: Ley Federal de Justicia para Adolescentes

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Federal Law of Justice for Adolescents

FEDERAL LAW OF JUSTICE FOR TEENAGERS

Official Journal of the Federation on December 27, 2012

Last Reform Published DOF 24 December 2014

Effective note: This Law shall enter into force in accordance with the First Transitional Article of the "Decree for the Exorder of the Federal Law of Justice for Adolescents and Additional to the Organic Law of the Judicial Branch of the Federation," The Organic Law of the Federal Public Administration, is added to the Organic Law of the Attorney General of the Republic and is reformed the Federal Law of Public Defender ", published in the Official Journal of the Federation on December 27, 2012, and reformed by DOF Decree 24-12-2014.

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

ENRIQUE PEÑA NIETO, 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 THE UNITED STATES OF MEXICO, D E C R E T A:

THE FEDERAL LAW OF JUSTICE FOR ADOLESCENTS IS EXPECTED; AND THE ORGANIC LAW OF THE JUDICIARY OF THE FEDERATION IS ADDED, THE ORGANIC LAW OF THE ADMINISTRATION IS REFORMED FEDERAL PUBLIC, THE ORGANIC LAW OF THE ATTORNEY GENERAL OF THE REPUBLIC IS ADDED AND THE FEDERAL LAW OF PUBLIC DEFENSE IS REFORMED

FIRST ARTICLE. Federal Law of Justice for Adolescents is issued.

FEDERAL TEEN JUSTICE LAW

TITLE FIRST

PRELIMINARY RULES

CHAPTER I

Object, Principles, and Definitions

Article 1. This Law is of public order and general interest. It aims at the creation of the Federal System of Justice for Adolescents, which includes the organs, bodies, procedures, principles, rights and guarantees provided for and derived from the Political Constitution of the United States. Mexicans, this Law, the Law for the Protection of Girls, Children and Adolescents, and applicable international treaties and conventions.

This Law will apply to those who are assigned or to check the performance of one or several behaviors classified as a crime against the federal authorities and have at the time of the commission of such conduct, between twelve years and less than eighteen years of age.

Article 2. They are subject to this Act:

I. Adolescents: Persons aged between 12 years and less than eighteen years of age who are assigned to or check the performance of one or more of the types of conduct classified as a crime;

II. Young adults: Persons between eighteen years of age and less than twenty-five years of age, who are assigned to or have established the conduct of a type of conduct as a crime committed when they were adolescents, to whom the Federal System of Justice for Adolescents in all cases; and

III. The victims or offended by the conduct referred to in the previous fractions.

The authorities, institutions and bodies provided for in this Law will take charge of operating the Federal System of Justice for Adolescents.

Article 3. These are specific objectives of this Act:

I. Establish the guiding principles of the System and ensure its full compliance;

II. Recognize the rights and guarantees of persons subject to the System and ensure their effective respect;

III. Create the specialized authorities and establish their privileges and powers for the application of the System;

IV. Establish procedures and mechanisms to determine the responsibility of adolescents and young adults for the conduct of a criminalized conduct as a crime;

V. Ensure the protection of the rights of the victim or offended; and

VI. Regulate the enforcement of measures applicable to adolescents and young adults who are responsible for the conduct of a criminalized conduct as a crime.

Article 4. They are the guiding principles of the System, in an enunciative, more non-limiting manner, the following:

I. Superior interest of the adolescent: It is based on the dignity of the human being, on the characteristics of the adolescents, and on the need to promote the development of these, with full use of their potentialities as well as in the nature and scope of the international instruments, ensuring that any action taken by the State in respect of them, when carrying out criminal acts as a crime in federal law, should be interpreted and applied in the a sense of maximizing the rights of adolescents and of restricting the effects negative of their attachment to a System that in essence has a sanctioning character.

In order to determine the best interest in a specific situation, the opinion of the adolescent must be assessed, the need for balance between the rights and guarantees of is with its duties, the requirements of the common good and the rights of the victim or offended;

II. Presumption of Innocence: It is based on the elementary consideration that every person has the right to be estimated as not responsible for the conduct attributed to him as long as he is not proven otherwise, as established by the Constitution;

III. Transversality: It establishes that in the interpretation and application of the law, the totality of the rights that participate in the adolescent will be taken into account, be it by being indigenous, female, with different abilities, worker, or any other a condition that is contingent at the time when the imputed facts occurred or the one in which the Comprehensive System of Justice for Adolescents applies in any of its phases, in accordance with the provisions of the Constitution and the laws;

IV. Legal certainty: Determines that behaviors attributed to adolescents must be found in federal laws;

V. Minimum intervention: It consists of taking measures to treat adolescents or young adults without recourse to judicial procedures, in the understanding that their human rights and legal guarantees will be fully respected. In cases where it is inevitable that they will be subject to a judicial procedure and the measures provided for in this Law will be imposed, it will be ensured that adolescents or young adults are exposed as little as possible and only if necessary, to hostile environments, when they are required to appear in front of authorities or must be in places of detention;

VI. Subsidiarity: Provides that prior to the submission of the adolescent or young adult to the Federal System of Justice for Adolescents, the application of preventive or alternative measures should be privileged;

VII. Specialization: It refers to the fact that since the beginning of the process, all the actions and actions will be carried out by specialized organs in the field of justice for adolescents;

VIII. Immediacy and procedural speed: Guarantees that the processes in which adolescents and young adults are involved, are carried out without delay and with the least possible duration;

IX. Flexibility: It consists in that the authority has the possibility to suspend the process at any time for the benefit of the teen or young adult;

X. Comprehensive protection of the rights of the adolescent and young adult: He points out that at all times the authorities of the System will have to respect and guarantee the protection of the rights of the adolescent and young adult subject to it;

XI. Social and family reintegration of the adolescent or young adult: It consists in that the measures taken when a young person or adult is punished must be aimed at reintegrating it as soon as possible into the family and social core in which it is Therefore, the duration of the penalty should be determined by the competent authority without excluding the possibility that the young person or adult may be released before that time, when the latter is decided as a last resort. internment. In addition, young adults or adolescents should be encouraged to give their sense of responsibility and to give them attitudes and knowledge that help them to develop their potential as a member of society;

XII. Restorative justice: Understands the victim or offended, the adolescent or young adult and the community with the objective of seeking solutions to the consequences of the conflict generated by the intended conduct as a crime, in order to promote the repair of damage, reconciliation between the parties and strengthening of the collective sense of security;

XIII. Proportionality: It provides that at the time of the determination of the measures to be imposed on adolescents or young adults, those which are in accordance with the social and family reintegration of young adults or adolescents must be applied, through the establishment of measures of a different nature, the imposition and enforcement of which should be for the shortest time to achieve the intended purpose;

XIV. Inmediation: It states that the hearings in the proceedings must be presided over by the Judge or Magistrate for Adolescents, without in any way being able to delegate this function.

The rights and guarantees recognized in this Law will apply to all subjects of the law, without discrimination for reasons of ethnic or national origin, gender, age, different abilities, social or health status, religion, opinion, sexual preference, marital status, or any other similar reason, whether their own or their parents, family members or other persons responsible or who have them in their care.

The right of minors to privacy will be respected at all stages of the process.

Article 5. This Law must be interpreted and applied in accordance with the Constitution, the guiding principles of the System, the Law for the Protection of Human Rights of Girls, Children and Adolescents and applicable international instruments and conventions, always in the sense of maximizing the rights of adolescents and minimizing the negative effects of the application of the System.

Only in the absence of this Law, the Federal Criminal Code and the Federal Code of Criminal Procedures may be applied in an additional way, provided that they do not oppose the guiding principles and referrals, protecting the integrity of the rights and guarantees of the adolescent and young adult.

In no case can the Federal Law against Organized Crime be applied to the young adult or adult.

Article 6. For all the purposes of this Law, the age to be considered will be the person at the time of the conduct of the conduct typified as a crime. it shall, by means of the birth certificate issued by the competent authority, or, in the case of foreign nationals, prove by apostille or legalised document. Where this is not possible, the age check shall be made by an opinion rendered by the experts who for that purpose designate the appropriate authority.

Article 7. When there is doubt as to whether it is a person older or less than eighteen years of age, it is presumed that he is a teenager. Where there is a doubt as to whether a person is more or less than 12 years old, a child or child shall be presumed. In no case shall the detention be decreed for the purpose of checking his age.

Article 8. For the purposes of this Act, it is understood by:

I. Teenager: The woman or man whose age is between the age of twelve and less than eighteen years;

II. Young adult: The woman or man whose age is between eighteen years and less than twenty-five years, who are subject to the Federal System of Justice for Adolescents because of their intended conduct as a crime, when agreement at their age were teenagers in terms of the previous fraction;

III. Interment Center: Federal Youth Internation Center attached to the Secretariat of Federal Public Security, responsible for executing the treatment measures imposed on adolescents or young adults, or those Centers for Internal Premises that are implemented by convention for such measures;

IV. Constitution: Political Constitution of the United Mexican States;

V. Federal Public Defender of Adolescents: Defender attached to the Public Defender of the Judicial Branch of the Federation, specializing in adolescents;

VI. Judge of Specialized District for Adolescents: District Judge Specialized in Justice for Adolescents in charge of the procedure followed to adolescents and young adults, to dictate the final resolution, to individualize the measures, to control the the legality of the execution of the same and the knowledge of the resources provided for in this Law that are of their competence;

VII. Law: Federal Law of Justice for Adolescents;

VIII. Circuit Magistrate for Teens: Unit Magistrate of Circuit specializing in the deahogo of the resources provided in this Law that are of their competence;

IX. Public Ministry of the Federation for Adolescents: Agent of the Public Ministry of the Federation specializing in the procurement of justice for adolescents and young adults;

X. Child and Child: Every person under twelve years of age;

XI. Individualised Implementation Programme: A programme designed by the Specialized Unit to identify the implementation of guidance and protection measures, as well as those for treatment based on multidisciplinary technical studies;

XII. Secretariat: Secretariat of Federal Public Security;

XIII. Secretary: Secretary of Federal Public Security;

XIV. System: Federal System of Justice for Adolescents;

XV. Specialised Unit: Specialized Unit for Adolescents and Young Adults of the Secretariat of Federal Public Security with technical and operational autonomy for the exercise of their privileges;

XVI. Victim: Person who directly falls to the conduct of the federal law as a crime; and

XVII. Offended: Person who has been harmed or harmed and has credited his legal interest in the proceeding.

CHAPTER II

Rights and Guarantees of the Subjects of this Law

Article 9. The rights and guarantees recognized to the subjects of this Law are unrenountable, have an enunciative and non-limiting character.

The data, accusations, processes, resolutions and measures that apply to the teen or young adult will not be a criminal record.

Article 10. They are the rights and guarantees of the adolescent or young adult subject to investigation and process, in the terms of this Law:

I. Those considered in the Constitution, in the Law for the Protection of the Rights of Girls, Children and Adolescents, as well as in international treaties that contain standards of protection in this field;

II. Teenagers have a right to freedom. Any measure involving a restriction on this right shall be applied in exceptional circumstances, as a last resort and for as short a time as appropriate, only for conduct deemed to be serious in accordance with Article 113 of the Treaty. this Act; any undue restriction on a public or private establishment shall be regarded as a form of unlawful deprivation of liberty;

III. To the record of their detention, in the terms of the Federal Code of Criminal Procedures, in the special module that corresponds to them in their quality as a teenager or young adult;

IV. In no case, be subject to precautionary or definitive measures that are not established in this Law;

V. To be always treated and regarded as innocent, as long as they are not given responsibility for the conduct of the conduct attributed to them;

VI. That the load of the test has its accuser;

VII. Be defended on an equal basis with respect to your accuser;

VIII. To be represented by a Federal Public Defender of Adolescents or private who has professional cedula who accredit him as a licensed person in law;

IX. Be informed, in clear and accessible language, without delay and personally or through their parents, guardians, who exercise parental authority or legal custody or representatives, about:

1) The reasons for stopping, judging or imposing a measure;

2) The person who attributes to them the conduct of the criminalized conduct as a crime;

3) The consequences of the attribution of conduct;

4) The rights and guarantees that assist them at all times;

5) The right to have free legal defense; and

6) All that is of interest to the Federal System of Justice for Adolescents;

X. That their parents, guardians or those who exercise parental authority or custody participate in the actions and provide them with general assistance;

XI. In the event of being indigenous, foreign, deaf, mute or unable to read or write, be assisted by trade and in all procedural acts, by a defender who fully understands his language, language, dialect, as well as his culture; or necessary, to be assisted by a translator or interpreter assigned by the appropriate authority or designated by the teen or the young adult.

When the latter claims to be indigenous, its only manifestation will be true, so that only when there is doubt, during the process, will the Community authorities shall issue the evidence certifying that they belong to a particular village or community; and

XII. To remain separate, when subject to preventive detention, from those persons to whom the definitive detention measure has already been imposed.

Article 11. Young adolescents and adults subject to the measures provided for in this Law are entitled to:

I. Not to be private or limited in the exercise of their rights and guarantees, but as a direct or unavoidable consequence of the measure imposed;

II. In any case involving their detention, they have the right to be housed in exclusive and specialized places, according to their age and sex, totally separated from adults;

III. To know the person concerned, his parents, guardians, who exercise parental authority or legal custody or representatives, the objective of the measure imposed, the content of the Individual Execution Program and what is required of the adolescent or young adult to comply with what is required of it;

IV. Do not be unjustifiably moved.

Where the transfer proceeds, it must be made to internment centres located as close as possible to the place of habitual residence of their family or to those who exercise the tutoring, parental rights, or custody;

V. To be informed from the start of the execution of the detention measure at least on: the content of the Individual Implementation Programme of the measure that has been determined to them; the provisions of the rules and regulations governing the implementation of the measure; their rights, prerogatives, benefits and obligations; the internal arrangements of the detention centre in which they are located and the disciplinary measures therein, as well as the procedure for their application and challenge;

VI. Receive visits in accordance with the applicable Regulation;

VII. Communicate in writing and by telephone with the persons of your choice, in accordance with the applicable Regulation;

VIII. Having access to the written, radio and television media and information which does not impair their proper development, in accordance with the applicable Regulation;

IX. Leave the internment center for:

a) Receive specialized medical care, when it cannot be provided in the same.

b) Accuse to the sepelium of their ancestors or descendants in the first degree, their spouse, concubine or concubinaire, as well as to visit them on their deathbed.

In both cases, the exits will be under specialized surveillance from the Federal Internment Center;

X. To pursue the appropriate educational level and to receive technical instruction or practical training on a trade, art or profession, to receive or to continue with teaching and instruction in other areas of knowledge and, where appropriate, to receive therapies or special education;

XI. To be formed in an environment conducive to the development of habits of personal hygiene and harmonious coexistence;

XII. Adolescent or young adult mothers shall be entitled to remain with their children under six years of age for the duration of the detention measure, in suitable places for the mother and her descendant, in terms of the applicable Regulation;

XIII. Perform recreational, artistic, cultural, sports and leisure activities, under specialized supervision;

XIV. Receive or continue with preventive and corrective health care and any other type of care related to the protection of your health, always because of your gender and particular circumstances. This right will be extended to those and children under six years of age who remain with their teenage mothers or young adults in the terms of this Act;

XV. Receive at all times adequate and sufficient nutritional nutrition for their development;

XVI. Have a safe and orderly coexistence within the internment centers;

XVII. Do not receive collective disciplinary measures or corporal punishment or any kind of measure that may endanger or violate your rights or guarantees. The adolescent or young adult may be controlled by force or instruments of coercion to prevent injury to other adolescents, as well as to cause material damage. In any case, the use of force must be proportional and tend to minimize such injuries or damage;

XVIII. Do not be isolated except in cases where it is strictly necessary to avoid or resolve acts of serious, generalized or mutiny violence in which the adolescent or young adult is directly involved. In no case will isolation involve communication.

The isolated adolescent or young adult has the right to have the Specialized Unit resolve to the brevity of the duration of this disciplinary measure, who within the 24-hour term, you must inform the Specialized District Judge for Adolescents of your determination;

XIX. Receive an intimate visit, in accordance with the Internal Rules of Procedure; and

XX. The others provided for in this Law and other applicable ordinances.

Article 12. In addition to the provisions of the Constitution and other applicable legislation, victims or offended persons have the following rights:

I. Be informed about their rights when they make the complaint or in their first intervention in the process;

II. Intervene in the process as set out in this Act;

III. That the Public Ministry of the Federation for Adolescents receives all the data or test elements with which they have, or to be constituted as interveners of this;

IV. Be informed of resolutions that end or suspend processing;

V. Whenever requested, be heard prior to each decision involving the extinction or suspension of the referral action;

VI. To be questioned or to participate in the act for which they were summoned, in the place of their residence, if by their age or physical or psychic condition, they are seriously hindered to appear before any authority of the process. To this end they shall require the waiver in advance, either by themselves or by a third party;

VII. To receive legal advice or special protection of their physical or mental integrity, including their immediate family, when they receive threats or risk due to the role they play in the process;

VIII. Demand, where appropriate, third parties civilly obliged to repair the damage;

IX. Challenge the dismissal or definitive file of the investigation;

X. Request the reopening of the investigation when the temporary file has been decreed and present elements or means of proof for it; and

XI. Make your personal data confidential.

CHAPTER III

Responsibility of the Adolescents in the face of the Federal Criminal Law

Article 13. Teens may be liable for violating federal criminal law and other legislation that provides for crimes that fall within the jurisdiction of the courts. federal authorities, in the cases and terms set out in this Act.

The child or child under the age of twelve years of age who is assigned a standardized conduct as a crime shall be exempt from all responsibility, without prejudice to the Civil liability to which there is a place. If the rights of the person under the age of 12 to whom the commission of a crime is attributed are threatened or infringed, the competent authority may refer the case to the public or private institutions responsible for the protection of the rights of the child or child.

Article 14. It will not be against adolescents who at the time of making the criminalized as a crime suffer from a mental disorder that prevents them from understand the importance and consequences of the conduct performed, unless the active subject is in a state of drunkenness or under the effect of narcotic drugs or psychotropic drugs without medical prescription, and this condition is self-provoked.

When the disorder occurs during the procedure or at the execution stage, the competent judicial or administrative authority shall suspend the development of the the procedure or the execution of the measure during the duration of the disorder, if it is temporary or definitely, if it is permanent and will give the adolescent or young adult to whom it is legally appropriate to take care of them.

The District Judge Specialised for Adolescents, where appropriate, will decide on the adequacy of the measure, provisionally or definitively, considering the characteristics of the disorder, as well as the needs of the treatment.

In cases where the adolescent or young adult has a mental disorder, the authority that is aware of the matter must request the intervention of institutions. medical-psychiatric, for the purpose of giving up their relevant opinion and, where appropriate, taking care of the treatment.

Article 15. The responsibility of the adolescent or young adult is terminated on the basis of the unrestricted respect for the principle of guilt diminished by the act and shall not, under any circumstances, admit considerations concerning personality, biological vulnerability, fearfulness, dangerousness, or any other which is founded in the personal circumstances of the author of the imputed fact.

TITLE SECOND

LAW ENFORCEMENT AUTHORITIES, INSTITUTIONS AND BODIES

CHAPTER I

General Provisions

Article 16. The application of this Law will be in charge of the following authorities, institutions and specialized organs:

I. Public Ministry of the Federation for Adolescents;

II. Federal Public Defender for Adolescents;

III. District Judge Specializing for Adolescents;

IV. Circuit Magistrate for Adolescents;

V. Specialised Unit for Adolescents and Young Adults; and

VI. Directors of the Federal Centers for Adolescents.

Article 17. The agents of the Public Ministry of the Federation for Adolescents are attached to the Attorney General's Office. Their duties and functions will be regulated in the Organic Law of the Attorney General's Office.

The criteria for specialized organization and training will be defined by that institution in the terms of its Rules of Procedure.

Article 18. Federal law enforcement officials and federal public defenders for teenagers are attached to the Federation's Judiciary. The criteria of organization, specialized training and procedures for admission, promotion, permanence and termination of the appointment, will be defined by the Council of the Federal Judicature.

Article 19. The criteria for organization, specialized training and procedures for entry, promotion, permanence and termination applicable to personnel corresponding to the Secretariat, shall be defined by the Secretariat in accordance with applicable law.

Article 20. All authorities, institutions and specialized organs for adolescents must perform their duties in strict accordance with the guiding principles of the System, must ensure at all times the effective respect of the rights and guarantees recognized in the Constitution, in this Law, in the Law for the Protection of the Rights of Girls, Children and Adolescents and in the instruments and conventions International standards applicable in this field.

Article 21. In order to achieve a better functioning of the System, the authorities, institutions and specialized organs for adolescents may celebrate Cooperation agreements with other authorities, institutions and bodies in the federal authorities, as well as with public or private bodies, non-governmental organisations and civil society organisations.

In order to achieve the objectives of this Law, the federal authorities will collaborate, in the field of their competence, with the authorities responsible for the implementation of the Federal System of Justice for Adolescents.

Article 22. The violation of rights and guarantees of adolescents and young adults is a cause of nullity of the act in which the event occurs and the responsibility of the federal public servants, in the terms of the Federal Law on Administrative Responsibilities of Public Servants, the Federal Law to Prevent and Punish Torture and other applicable provisions.

CHAPTER II

Federal Police

Article 23. Police officers who in the exercise of their duties have contact with children, adolescents or young adults allegedly engaged in conduct classified as a crime in federal law, shall perform their duties in accordance with the following duties and attributions:

I. Adhere to the principles, rights and guarantees provided for in this Law, in the Federal Constitution, in the Law for the Protection of the Rights of Girls, Children and Adolescents and in applicable international instruments and conventions;

II. Record the arrest of the adolescent or young adult in the terms of the Federal Code of Criminal Procedures, in the special module that corresponds to them in their quality of adolescents;

III. To put the teen or young adult immediately and without delay at the disposal of the Public Ministry of the Federation for Adolescents;

IV. Inform the teen or young adult at the time of contact with him, about the rights guaranteed by the applicable laws;

V. Aid, as a matter of priority, to persons under eighteen years of age who are threatened by danger or who have been victims of any crime, as well as to provide protection to their property and rights;

VI. In cases of doubt about the age of the person being held in flagrancy, presume that these are teenagers, or children, as the case may be; and

VII. To safeguard the life, dignity and physical integrity of children, adolescents or young adults who are in their custody, as long as they are made available to the Federal Public Ministry for Adolescents.

Police officers for no reason will be able to publicly display or expose the girls, boys and teenagers, as well as publish or disclose any recording, filming, image or any other information related to them.

Article 24. The violation of the duties and prohibitions established to the agents of the federal police officers will be sanctioned in the terms of the provisions applicable.

CHAPTER III

Privileges of the Specialized Unit for Adolescents and Young Adults and the Directors of the Federal Centers Adolescent Internship

Article 25. The following are the privileges of the Specialized Unit:

I. Apply measures for adolescents and perform all activities conducive to anticipating their family and social reintegration;

II. Prepare for each case the Individual Execution Program and submit it to the approval of the Specialized District Judge for Adolescents prior to the start of their execution;

III. To ensure at all times the unrestricted respect of the rights and guarantees provided for in this Law, as well as the dignity and integrity of persons subject to measures, especially those in detention;

IV. Monitor and evaluate, every six months, the Federal Centers for Internal Affairs, ensuring that they adhere to the provisions of this Law;

V. Prepare the reports that correspond to it in accordance with this order;

VI. Comply with the orders of the Specialized District Judge for Adolescents to establish this Law;

VII. To promote in people subject to some measure, the sense of responsibility, the value of respect for the rights of others and the development of the necessary capacities for constructive participation within society;

VIII. Comply with the modalities and circumstances of all kinds of measures;

IX. To conclude collaboration agreements with public and private institutions to assist in the implementation of the customized implementation of measures;

X. To have an up-to-date register of public and private institutions to collaborate in the implementation of the measures, as well as existing programs for their compliance, and to have the necessary to ensure that they are always available to the public. District judges specializing in adolescents;

XI. To substantiate the administrative complaint in the terms provided for in this Law and the respective regulations and, where appropriate, to give view to the area of control and supervision for the driving effects;

XII. To know and to resolve the means of impeachment that the adolescent or young adult, his legal representative, parents or guardian, interputs against the disciplinary measures imposed by the detention center in accordance with the respective regulations;

XIII. Establish, through the respective collegiate body, the rules regarding procedures for admission, selection, permanence, evaluation, encouragement, promotion, recognition, removal and reduction of specialized personnel;

XIV. Have certified personnel in the areas of security, custody and custody, as well as treatment and follow-up;

XV. Lead the monitoring to verify compliance with the running measures;

XVI. Apply to the Specialized District Judge for Adolescents for the adequacy and anticipated compliance of the measure;

XVII. Inform the Specialized District Judge for Adolescents of the failure to comply with the measure by the teen or young adult and request the appropriate adequacy;

XVIII. To propose to the Secretary, the appointments of the staff in administrative or managerial positions of the organizational structure of the Specialized Unit to assistant general managers, as well as that of the holders of the Federal Centers of Internment;

XIX. To determine the suspension, removal or disablement in the cases provided for in Article 152 of this Law;

XX. Coordinate and monitor the operation of the Federal Internal Centers;

XXI. To order at any time the responsible administrative authorities, to take the necessary measures to protect the physical integrity of the internalized persons and their visitors, as well as to maintain the dignified living conditions in the interior of the federal detention centres;

XXII. Establish communication mechanisms with private individuals, public and private institutions that contribute to the implementation of the customized programs for implementing measures; and

XXIII. The other ones laying down the applicable provisions.

Article 26. The following are the privileges of the Federal Internal Centers authorities:

I. Apply the detention measures, in the terms indicated by the District Judge for Adolescents;

II. Immediately implement the Individual Execution Program;

III. To inform the Specialized Unit about any transgression of the rights or guarantees of adolescents or young adults, as well as the imminent affectation to them;

IV. Seek the full family and social reintegration of adolescents or young adults;

V. Immediately comply with the resolutions and requirements of the Adolescent Specialized District Judge;

VI. Inform the Specialized Unit in writing every three months or, where appropriate, at the end of the measure, of the manner in which the measure is being complied with, any obstacles to compliance with the measure, and the conduct and general status of adolescents or young adults;

VII. To be in permanent contact with parents, relatives, guardians, or with those who exercise the parental authority or custody of adolescents subject to measure, in order to keep them informed about the fulfillment of this and their physical and mental status;

VIII. The use of physical force or instruments of coercion exclusively when all non-coercive means have been exhausted for the imposition of security and discipline, and in all cases inform the Specialized Unit on the application of these disciplinary measures, as far as possible, before resorting to them.

By applying physical force as an exceptional measure, the authorities must take into account the adolescent's best interests and use the appropriate, proportional and less harmful to this and only for the time strictly necessary to maintain or restore lost order or safety;

IX. Subscribe to the necessary agreements with other authorities, public and private institutions, as well as with social and civil organizations, to conduct community and family courses, workshops and seminars on relevant topics for the prevention of crime and recidivism, as well as for the family and social reintegration of adolescents and young adults;

X. To integrate a execution record of the measure that contains at least the following information:

(a) The identity data of the person subject to the measure and, where applicable, the information relating to pre-System income;

b) The conduct typified as a crime in the federal laws for which the measure was imposed, the circumstances and motivations of the measure and the federal judicial authority that the decree;

c) The start and end time of the measure;

d) Data on the physical and mental health of the person subject to measurement;

e) The Individual Execution Program, as well as its modifications, reports, and incidents;

f) A record of the behavior of the person subject to the measure during their stay at the appropriate detention facility; and

g) Any other fact, circumstance or particular characteristic of the person subject as it is considered important; and

XI. The other ones laying down the applicable provisions.

THIRD TITLE

PROCESS

CHAPTER I

General Provisions

Article 27. The process for adolescents is aimed at establishing the legal existence of a type of conduct as a crime, to determine who is its author or participate, the degree of responsibility and, where appropriate, determine the implementation of the measures that correspond to this Law.

Article 28. Provisional detention and detention of adolescents should be avoided and limited to exceptional circumstances, only to conduct The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice The restrictive measures of freedom shall be applied for the shortest possible periods.

The Public Ministry of the Federation for Adolescents, may order the provisional arrest of the adolescent or young adult, only in cases of urgency and always This is a case of conduct typified as serious crimes.

Article 29. In cases where appropriate, the Public Ministry of the Federation for Adolescents shall be obliged to request the repair of the damage; and District Judge Specialised for Adolescents will have to rule on this.

Article 30. The deadlines will begin to run the day after the notification and will be counted in business days, except for cases where there is no freedom, in which the working days must also be counted.

The procedural time limits shall be unextendable and their maturity shall precluding the right to exercise by the appropriate authority. If the teenager or young adult is at liberty, the time limits shall be extended as set out in this Law.

Article 31. All facts and circumstances relevant to the proper solution of the case submitted to knowledge will have to be tested by any means of proof, provided they do not infringe on the rights and guarantees of the adolescent or young adult.

Test elements will have no value if they have been obtained by an illicit means. Nor shall it be worth the evidence that is not incorporated into the process in accordance with the provisions of this Law.

The tests will be valued by the judges according to sound criticism, observing the rules of logic, scientific knowledge and the maxims of experience.

Article 32. To address the matters of this Law, in those places where there are no public ministries, judges or specialized federal courts for adolescents, public ministries and local specialized courts for adolescents, will be competent to carry out in aid of the federal justice, the necessary steps to comply with this Law, applying the provisions of the respective federal laws, without meaning delegation of jurisdiction.

Article 33. If in the course of the process it is proven that the person to whom the conduct of the conduct was classified as a crime was greater than eighteen If you are still in the phase of investigation, the Public Ministry of the Federation for Adolescents will have to immediately refer the actions and the person arrested to the corresponding Public Ministry. In the event that the referral has already been made to the District Judge for Adolescents, the Judge shall declare himself incompetent and shall transmit the orders and, where appropriate, the person who has been placed at his disposal to the authority. competent.

If in the course of the process it is established that the person to whom the conduct of the conduct was accused was less than twelve years of age when it was carried out, file the proceedings and return the custody to whom it is legally exercised or, where appropriate, the institutions dedicated to the care of the child shall be notified.

Article 34. If in fact one or more adolescents are involved with one or more adults, the causes will be separated and the specialized authorities for adolescents know what it corresponds to, with full autonomy of jurisdiction.

Article 35. The referral action will prescribe within a period equal to the arithmetic mean term of the custodial sentence that points to the criminal law for the event. which constitutes the offence in question; in no case shall it be less than three years and not more than seven years, except in the case of offences pursued by complaint in which case it shall be prescribed in one year.

If in the criminal law, the conduct typified as a crime only merits fine, the action of remission will prescribe in a year; if it deserves in addition to this sanction, penalty of freedom or alternative, the prescription of the action to pursue the custodial sentence shall be considered; the same shall be observed where it is appropriate to impose any other ancillary sanction.

The terms for the action prescription will be continuous and start running:

I. In the conduct typified as an instant offense, from the time it was consumed;

II. In the conduct typified as a crime in the degree of intent, from the day the last act of execution was performed or the due conduct was omitted;

III. In the conduct typified as a continued offense, from the day the last conduct was performed; and

IV. In the conduct typified as a permanent offence, when its consummation ceases.

The prescription will be run, suspended, or interrupted, individually, for each of the subjects who intervened in the conduct of the type as a crime.

In case the adolescent is subject to a process by the commission of several typical behaviors, the penalties that will be prescribed separately in the term indicated for each.

Article 36. When the teen or young adult subject to an internment measure is subtracted from the measure itself, it will be necessary for the prescription, the same The time was missing to meet it, plus half. In this case the limitation period may not be less than one year.

CHAPTER II

Rissue Research and Formulation

Article 37. The investigation of conduct classified as a crime by the federal laws attributed to adolescents corresponds to the Public Ministry of the Federation for Adolescents, who will initiate it on its own initiative or at the request of a party, on the basis of the complaint or complaint that is made in a verbal or written form.

In cases of conduct classified as a crime that is pursued only by complaint, the Public Ministry of the Federation for Adolescents will be obliged to promote the Reconciliatory agreement, in the terms of this Law.

Article 38. The referral action corresponds to the Public Ministry of the Federation for Adolescents.

For the purposes of this Law, it is understood by reference to the exercise of the faculty conferred by the Public Ministry of the Federation provided for in Article 18 of The Political Constitution of the United Mexican States.

Article 39. During the research phase, the Public Ministry of the Federation for Adolescents will have to carry out all the necessary activities to The data and elements of conviction that are indispensable, which accredit the intended conduct as a crime and the probable responsibility of the adolescent or young adult, as the basis for the exercise of the referral action.

If appropriate, the Public Ministry of the Federation for Adolescents will make the referral of the case to the District Judge Specialized for Adolescents. Otherwise, it will order the provisional or definitive file of the investigation.

The likely responsibility of the teen will be credited when the evidence of the evidence is given to the adolescent, and his participation in the conduct considered as crime, the degree of execution of the event and no credentialed in favor of the adolescent, some cause of lawfulness or some exclusionary of guilt. The estimate of the probable fact described in the Law and the probable liability, will be performed by any probative means that authorizes the same.

Article 40. The data and elements of conviction collected during the investigation by the Public Ministry of the Federation for Adolescents will have the value evidentiary that the applicable law assigns them.

Article 41. Only the admission of the facts by the adolescent or young adult shall be of probative value, when it is performed before the Public Ministry of the Federation for Adolescents, or the Specialized District Judge, and meet the following requirements:

I. To be done with the assistance of your advocate in private interview with him, if requested, and that the adolescent or young adult be duly informed of the facts that are attributed to him and of the rights that he or she is attending;

II. To be performed on a voluntary basis and free of any kind of coercion or deception;

III. That is in fact its own; and

IV. That there is no data that, in the case of the Specialized District Judge, makes it implausible.

Article 42. Only in cases of flagrancy, may the teenager be provisionally held without a warrant, for up to thirty-six hours. It is understood that there is flagrancy when:

I. The teen is surprised at the time of being engaged in a standardized behavior as a crime;

II. Immediately after he has committed it, he is materially persecuted;

III. Immediately after it is carried out, the person is identified by the victim, some witness of the facts or who has intervened with it in the conduct of the conduct attributed to him, and they are found objects or indicia that they do Assume that in fact, it has just performed a standardized conduct as a crime.

When a person is stopped for a fact that requires an offended party, it will be immediately reported who can present it, and if the person does not do so at the end of the Thirty-six hours after the arrest, the teenager will be released immediately, without prejudice to the fact that the Public Ministry of the Federation for Adolescents is able to grant freedom under the provisions of the provisions applicable.

Article 43. Police officers who detain a teenage boy are obliged to refer him immediately to the Public Ministry of the Federation. for Adolescents.

When the stop is held by any other person, it must be delivered to the nearest authority, which will proceed in the manner indicated in the preceding paragraph.

If the arrested teen shows signs of physical or psychological abuse, the Public Ministry of the Federation for Adolescents, on its own initiative or at the request of the Teen will have his or her transfer to a health facility and will open the investigation to determine the cause and type of the injuries and those responsible.

Article 44. The Public Ministry of the Federation for Adolescents will have to resolve whether or not the referral will come within the time limit stated in the Article 42 of this Law. If referral results, the teen will be immediately made available to the Adolescent Specialized District Judge. Otherwise, the investigation may be continued or its provisional or final file ordered and the teen shall be immediately released.

Article 45. The Public Ministry of the Federation for Adolescents will make the referral, through a written statement that must include the following:

I. Data of the victim or offended, if any;

II. Likely responsible teen data;

III. Founded and motivated qualification of the conduct imputed to the teenager;

IV. Brief description of the facts, establishing circumstances of place, time, and manner that will make it probable that the adolescent will be responsible for the realization of the event;

V. Relationship of the data and elements of conviction obtained up to that time; and

VI. Determination of the Public Ministry of the Federation for Adolescents to exercise the referral action, as well as the reasoning that led to that decision.

Article 46. The Public Ministry of the Federation for Adolescents will definitively file the file when the facts reported in the complaint or complaint They are the constitutive of conduct typified as a crime or when the teen's responsibility is extinguished.

Article 47. The Public Ministry of the Federation for Adolescents may provisionally file those investigations where there are no elements sufficient to proceed or not to take other measures, without prejudice to the order to reopen the proceedings, if new elements of conviction warrant it, provided that the prescription has not been dispensed with.

Article 48. The victim or the offended may ask the Public Ministry of the Federation for Adolescents to reopen the file and to carry out research activities, and if this request is denied, they may apply to the superior of the specialized agent.

Item 49. The Incompliance resource is sourced:

I. Against the determinations of the Public Ministry of the Federation for Adolescents of non-exercise of the referral action;

II. For defects in the actions of the Public Ministry of the Federation for Adolescents where the rights and guarantees of the victim or offended are enshrined;

III. Against the agreement of the Public Ministry of the Federation for Adolescents in which it omits the certification of personal data of the victim, offended, or witnesses of charge;

IV. Contrary to the agreement of the Public Ministry of the Federation for Adolescents that of processing pericial evidence notoriously imsourced, or that do not comply with the formalities established by this Law; and

V. Against the agreements of the Public Ministry of the Federation for Adolescents who do not admit the evidence offered by the representatives of the adolescents or young adults who are attributed some type of conduct as a crime.

The appeal of non-conformity shall be promoted within three days of the issue of the contested act, before the hierarchical superior of the Public Ministry of the Federation for Adolescents, who will make an analysis of the constances that make up the file, and will dictate its resolution in a term no longer than nine days.

Victims or offended persons may bring the action in the cases provided for in fractions I to V of this Article. Adolescents or young adults may be able to interpose them in the cases provided for in fractions IV and V of this Article.

The subjects empowered to bring the action, must express in a clear and concise manner the grievances caused by the actions of the Public Ministry of the Federation for Adolescents.

CHAPTER III

Of The Procedure, Judgment, and Resolution

Section I

Of The Procedure

Article 50. As of the time the referral letter is received by the Adolescent Specialized District Judge, it must determine if they exist. basis for the release of the order for the filing or detention or, where appropriate, for the subjection to process and the provenance of precautionary measures if the Public Ministry of the Federation for Adolescents so requests.

In the event that the teen or the young adult is detained at the time of receipt of the referral or completed the order of filing or detention, a hearing shall be held immediately in which the Judge of the Specialized District for Adolescents shall, where appropriate, examine the legality of the detention. If this is not the case, the hearing will be suspended and the immediate release of the teenager or young adult will be decreed. If the detention is ratified, the hearing will continue.

In this hearing, if the teenager or young adult wishes to do so, you will receive your initial statement, you will be informed that within a maximum of seventy-two hours determine their freedom or subjection to a process, which may be extended for an equal period of time, in order to provide and vent evidence for the District Judge for Adolescents to resolve his or her situation. The extension of the detention to their detriment will be sanctioned by the federal criminal law.

If the hearing is suspended at the request of the teenager or his/her defender, the District Judge for Adolescents, at the request of the Public Ministry of the Federation for Adolescents, may impose some of the precautionary measures provided for in this Law until the hearing is resumed.

This hearing must be attended by the Public Ministry of the Federation for Adolescents, the likely young adult or young person responsible, their advocate and, where appropriate, Parents, guardians or those who exercise parental authority or custody of the adolescent may attend. The absence of the latter will not suspend the hearing.

Article 51. For holding the holding hearing to process, if the teen or young adult is not in detention, the District Judge for Adolescents may dictate, at the request of the Public Ministry of the Federation for Adolescents:

I. Order of presentation in cases where the conduct under investigation does not merit a measure of detention. In case the teen or young adult does not voluntarily appear, the Judge may do so with the aid of the public force; and

II. Order of detention and preventive detention, where the conduct under investigation merits a measure of detention and there is a reasonable presumption, by assessment of the circumstances of the particular case, that the adolescent or young adult could not to submit to the process or to impede the investigation of the truth, or it is considered that the adolescent or young adult may commit some other conduct typified as a crime against the victim itself, any of the witnesses that they put against him, public servants who are involved in the process or against a third party.

Article 52. The presence of the Specialized District Judge for Adolescents is inselectable in all hearings that are held during the procedure, the judgment and notification of the judgment.

Article 53. The procedures in which adolescents or young adults are involved are in the public interest; based on the above and to safeguard fully the right they have to be heard, their statement must be:

I. Surrender only to the Public Ministry of the Federation for Adolescents or to the District Judge Specialized for Adolescents, in the presence of their advocate;

II. Voluntary, so it can only be done if the teen or young adult gives consent after consulting with their advocate;

III. Prompt, so priority will be given to the statement of the teen or young adult, ensuring that the time between the presentation and the initial statement is as little as possible;

IV. Brief, so that the appearance before the Specialized District Judge for Adolescents strictly takes the time required, considering even rest periods for the teen or young adult;

V. Efficient, so the District Judge Specialised for Adolescents will have to prepare the appearance in advance to obtain the information it requires for the exercise of its functions in as few sessions as possible;

VI. Requested by the teen or young adult so that he/she can claim what he or she agrees to, as many times as he asks within the corresponding procedural moments; and

VII. Assisted, so that it is performed with the assistance of its defender; when there is anxiety or fatigue produced by the declaration, it will be suspended, resuming as soon as possible. In cases where the adolescent is between twelve years and fourteen years old, the presence of his parents, guardians, custodians or those who exercise the parental authority will also be necessary if he and his defense consider it appropriate.

Article 54. Only at the request of the Public Ministry of the Federation for Adolescents and, in the form, under the conditions and for the time fixed in this Law, The District Judge for Adolescents may impose the following precautionary measures on the teen or young adult, after hearing their reasons:

I. The presentation of a sufficient economic guarantee;

II. The prohibition of leaving without authorization of the country, of the locality in which it resides or of the territorial scope that the Judge of Specialized District for Adolescents establishes;

III. The obligation to submit to the care or supervision of a particular person or institution, who regularly informs the District Judge for Adolescents;

IV. The obligation to report regularly to the District Judge Specialised for Adolescents or to the authority he designates;

V. The prohibition to attend certain meetings or to visit certain places;

VI. The prohibition of living or communicating with certain persons, provided that the right of defence is not affected;

VII. The immediate separation of the home address in the case of behaviors classified as sexual offenses in federal criminal law and the alleged victim living with the teen or young adult;

VIII. Preventive detention in specialised facilities; and

IX. Probation.

Precautionary measures may be issued and revoked at any time before sentencing.

Article 55. To impose any kind of precautionary measure, the Public Ministry of the Federation for Adolescents must prove to the District Judge Specialized, the existence of the fact attributed and the probable participation of the adolescent or young adult, to whom it may impose one or more of the precautionary measures provided for in this Law, and to issue the necessary orders to guarantee its compliance.

Article 56. Preventive detention shall be applied only exceptionally, up to a maximum of three months, when another precautionary measure is less This is not enough to guarantee the presence of the adolescent or young adult in the procedure, provided that the adolescent is over fourteen years of age at the time of the action, and the conduct attributed to the child is found considered to be serious, in the terms of Article 113 of this Law. In addition to the above, any of the following circumstances must be present:

I. There is a risk arising from the action of justice, the obstruction of the procedure or the destruction of the means of conviction;

II. It is estimated that the teen or young adult may commit a criminalized conduct as a crime against the victim itself, any of the witnesses that they hold against them, public servants who are involved in the process, or against a third party.

Preventive detention may not be combined with other precautionary measures and must be complied with in facilities other than those intended for compliance with the measure. Final internment.

Section II

From Judgment

Article 57. The judgment will be written and formal, giving priority to the immediate, immediate and speedy trial of the judge in the actions, taking into account the extra-age of the Federal Code of Criminal Procedures.

Article 58. The teenager, his parents, guardians or those who exercise parental authority or custody or, where appropriate, the young adult, and their advocate, may apply for the relevant hearings are to be verified behind closed doors. The District Judge for Adolescents, the teen or young adult, his defender, family or representatives, and the Public Ministry of the Federation for Adolescents will be present at the trial.

Section III

Of The Resolution

Article 59. Concluded the trial, the Specialized District Judge will rule on the responsibility of the teen or young adult, based on the this Act.

The Specialized District Judge will appreciate the test, in accordance with the rules of logic, scientific knowledge and the maximum of experience; they will only be able to value and submit to rational criticism, the means of proof obtained by a process permitted and incorporated in the judgment according to the provisions of this Law.

In case of doubt, the Specialized District Judge must resolve by taking into account what favors the teen or young adult.

Article 60. The resolution that will be issued will always be proportional not only to the circumstances and the seriousness of the conduct typified as a crime, but also to the circumstances and personal characteristics of the teen or young adult, to the public interest and to the harm caused.

Article 61. The imposition and individualization of measures in charge of the District Judge for Adolescents shall be subject to the following provisions:

I. Only the measures considered in this Law may be imposed;

II. The District Judge for Adolescents will have to assess:

(a) The seriousness of the conduct; the form of authorship or participation; the intentionality of the agent; the degree of execution in question; the circumstances of time; the way, place or occasion; the ability of the agent to have adjusted his/her conduct to the requirements of the standard; the means of work employed; the behaviour of the active subject after the fact and the behaviour of the victim in the event;

b) Age; level of education; social, economic and cultural conditions; the reasons that drove it or determined to develop its behavior; specific personal, physiological and psychological conditions in which the active subject was present at the time of the conduct of the conduct; if the agent belongs to an ethnic group or indigenous people, their uses and uses shall be taken into account; customs; and

c) The particular needs of the adolescent or young adult, as well as the real possibilities of being fulfilled.

III. The Specialized District Judge for Adolescents will abide by the rules of contest for typical behaviors;

IV. The detention measure shall be imposed exceptionally and in no case shall be imposed on adolescents under the age of fourteen years; and

V. In each resolution, the District Judge for Adolescents may impose a warning and up to a maximum of two more compatible measures, so that its execution can be simultaneous and in no case, successive.

Article 62. The resolution shall be duly substantiated and reasoned, written in language accessible to the adolescent or young adult and shall contain the The following elements:

I. Place, date, and time it is issued;

II. Teen's personal data;

III. Relationship of facts, evidence, pleadings and conclusions;

IV. Reasons and legal bases that support it;

V. Arguments from which it is decided whether or not the existence of the conduct was established;

VI. Arguments from which it is decided whether the responsibility of the teen or young adult is not credited;

VII. The extent to which it is imposed, its duration and place of implementation and enforcement, as well as the measure of greater gravity that would be imposed in the event of non-compliance;

VIII. The measures of lesser gravity for which, in the terms of this Law, the imposed measure may be replaced, as well as the order in which they are to be considered by the Specialized Unit; and

IX. The amount of damage repair to the victim or offended, if any.

The simple relation of the tests, the mention of the requirements, arguments or pretensions of the parts, dogmatic statements, generic formulas, or rituals in any case constitute grounds or reasons.

Article 63. Once the measure is signed, the Adolescent Specialized District Judge will establish the conditions and manner in which the teen or young adult it must be complied with, with the Specialized Unit being responsible for drawing up an Individual Implementation Programme.

The teenager, his parents, guardians or those who exercise parental authority or custody or, where appropriate, the young adult, and their advocate, may apply to the Judge Specialized District for Adolescents review of the Individual Execution Program within five days of the time the teen or young adult has been informed of their content.

CHAPTER IV

Alternative Procedures to Judgment

Article 64. Alternative means to the judicial process respond to the principles of subsidiarity and minimum intervention provided for by this Law; they are oriented towards the purposes of restorative justice, to the effect that the victim or offence and the young teenager or adult participate actively in the solution of the consequences arising from the fact attributed.

Section I

Reconciliation and Mediation

Article 65. Reconciliation is the voluntary procedure performed between the teen or young adult and the victim or offended, which is intended to reach an agreement of wills to be approved by the appropriate District Judge for Adolescents.

Mediation is the procedure by which a person or entity specializing in the procurement of agreements intervenes in the conflict to provide the parties with advice on the possible arrangements they may reach to settle their dispute, in cases where appropriate.

Throughout the development of conciliation and mediation, the teen or young adult and the victim or offended should be assisted by their human rights defender and the Public of the Federation for Adolescents, respectively.

Reconciliation and mediation are governed by the principles of willfulness of the parties, confidentiality, flexibility, neutrality, impartiality, fairness, legality and honesty.

Conciliators and mediators must keep secret about what they know in the deliberations and discussions of the parties.

The Specialized District Judge for Adolescents will not approve conciliation or mediation when he has reasonable grounds to estimate that any of the participants do not is on an equal footing to negotiate or has acted under duress or threat.

In the case of adolescents, the conciliatory or mediation agreement will require the consent of the parents, guardians or those who exercise the parental authority or the custody.

Article 66. Only reconciliation or mediation shall proceed in the case of conduct typified as a crime, pursued at the request of a party, or in the that they are of a patrimonial nature and do not merit detention measures, provided that the damage is repaired.

Article 67. In the cases of the previous article, it is the obligation of the Public Ministry of the Federation for Adolescents to propose and, if necessary, to carry out the reconciliation or facilitate mediation. In other cases, this alternative to the judicial process will be made before the appropriate Adolescent District Judge for Adolescents and always at the request of a party.

Article 68. Reconciliation and mediation may be performed at any time since the teenager is made available to the Public Ministry of the Federation for Adolescents and until before first instance statement is delivered.

Article 69. In strict adherence to the deadlines agreed upon by the parties and those determined by the authority in respect of which the agreement arising from the reconciliation or mediation, the procedure should be suspended while its compliance is pending.

The deadline for compliance with agreed obligations will suspend the prescription of the referral action.

Article 70. Agreements arising from reconciliation or mediation do not imply or require the recognition, by the adolescent or young adult, of having performed the behavior attributed to him.

Article 71. If the teen or young adult complies with all the obligations contained in the settlement arising from the reconciliation or mediation, the The appropriate authority must resolve the termination of the procedure and order its final file or the dismissal.

In the event of non-compliance with those obligations, the ordinary procedure shall continue on the basis of the last performance recorded in the register.

Agreements resulting from the conciliation or mediation shall be enforceable only in respect of the repair of the damage, leaving for the the rights of the victim or the offence to enforce it before the competent courts, in which case the relative procedure would no longer include the compensation for the damage.

You may not invoke, read, or incorporate as a means of proof any antecedents that are related to the proposition, discussion, acceptance, provenance, rejection or revocation of a reconciliation or mediation procedure.

Section II

Conditional Suspension of Process to Test

Article 72. In cases where the conduct typified as a crime is sanctioned with internment and whenever the teen or young adult is not found Enjoying this benefit in a different process, the conditional suspension of the trial will proceed.

The suspension of the process may be requested before the Specialized District Judge and until before he gives judgment on the responsibility of the teenager or adult young; and shall not prevent the exercise of civil action before the respective courts.

The application must contain an agreement to repair the damage caused by the type of conduct as a crime and a detail of the conditions it would be willing to comply with. the adolescent or young adult in accordance with the following Article. The agreement may consist of compensation up to the equivalent of compensation for the damage which, if any, could be imposed immediately or in time.

In order to grant the suspension, it will be essential for the adolescent or young adult to recognize his participation in the event attributed to him and to exist data from the research to corroborate its existence.

The Specialized District Judge for Adolescents will hear about the request in hearing from the Public Ministry of the Federation for Adolescents, the victim or offended and to the teen or young adult, and will resolve immediately, except that it differs from that discussion for the holding hearing to process, if any. The resolution shall fix the conditions under which the process is suspended or the application is rejected, and approve or amend the proposed repair agreement, in accordance with reasonableness criteria. The only lack of economic resources on the part of the adolescent or young adult cannot be adduced to reject the possibility of suspension of the trial.

If the request is not supported, or the process resumes later, recognition of your participation in the facts by the teen or young adult is not have any evidentiary value.

Article 73. The District Judge for Adolescents shall set the time limit for the trial to be suspended, which may not be less than one year and no longer than two, and determine in addition to the repair of the damage, one or more of the rules to be met by the teen or young adult, among the following:

I. Reside in a given place;

II. Frequent or stop frequenting certain places or people;

III. Refrain from using drugs, drugs or alcoholic beverages;

IV. Participate in special programs for the prevention and treatment of addictions;

V. Start or finish basic schooling, learn a trade or follow training courses at the place or institution determined by the District Judge for Adolescents;

VI. Provide social service in favour of the State or institutions of social assistance;

VII. Staying in a job or job;

VIII. Submit to the surveillance determined by the District Judge for Adolescents;

IX. Do not drive automotive vehicles; or

X. Refrain from traveling abroad.

When it is fully credited that the teen or young adult is unable to meet any of the above obligations for being incompatible with their physical state or contrary to their health or some other cause of particular relevance, the District Judge Specialised for Adolescents may replace them, founded and motivated, on the other hand or other similar ones which are reasonable and which guarantee the rights of the victim or offended.

To set the rules, the Adolescent-Specialized District Judge may arrange for the teen or young adult to undergo a prior assessment. In no case can the Judge impose more burdensome measures than those requested by the Public Ministry of the Federation for Adolescents.

The decision on the suspension of the process will be pronounced in the audience, in the presence of the teen or young adult, their advocate, the parents, guardians or those who exercise the parental authority or the custody of the teenager, the victim or offended, and the Public Ministry of the Federation for Adolescents, who may express observations to the rules imposed in the terms of this article, which will be resolved by immediate. The Specialized District Judge for Adolescents will prevent the teen or young adult about the rules of conduct imposed and the consequences of their non-compliance.

Article 74. In cases suspended under the provisions corresponding to this Section, the Public Ministry of the Federation for Adolescents will take the measures necessary to prevent the loss, destruction or ineffectiveness of the known test means and those requested by the parties.

Article 75. If the teen or young adult deviates considerably and in an unjustified manner from the conditions imposed for the suspension of the process proof, the District Judge Specialised for Adolescents, upon request of the Public Ministry of the Federation for Adolescents or the victim or offended, will summon the parties to a hearing in which they will discuss the revocation and It will immediately, founded and motivated, resolve the resumption of the process. Instead of the revocation, the District Judge Specialized for Adolescents will be able to extend the term of the trial suspension for up to two more years. This extension of the term can be imposed only for once.

Article 76. The suspension of the trial process does not extinguish the civilian actions of the victim or third parties. However, if the victim receives payments due to the origin of the suspension, they will be used for compensation for the repair of the damage that may be affected.

After the period to be fixed without the suspension being revoked, the process shall cease, and the withdrawal shall be made on its own initiative or at the request of the party, when the repair of the corresponding damage has been covered.

During the period of suspension of the trial process, the corresponding procedural deadlines will be suspended.

Article 77. The effects of the trial suspension will cease while the teen or young adult is deprived of his or her freedom by another process.

If you are subject to another process and are free, the time limit for the suspension will continue, until the resolution that is delivered within the course remains firm. process.

The revocation of the suspension of the process will not prevent the delivery of an absolute judgment or the granting of some of the substitute measures to the internment when they are from.

TITLE FOURTH

MEASURES

CHAPTER I

General Provisions

Article 78. The measures governed by this Law are intended to provide restorative justice, social reintegration, and family members of the adolescent or young adult. to provide this with an experience of legality and an opportunity to value the benefits of harmonious coexistence, civics and respect for the norms and rights of others. To this end, they should be used, as far as possible, with the participation of the family, the community and, where appropriate, with the support of specialists.

All the measures of this Law are limited in duration and will not, under any circumstances, exceed the maximum foreseen for each of them. This does not preclude the possibility of determining the compliance of the measure before time, nor of adapting it for the benefit of the subject of the measure, in the terms provided for by this Law.

The decision on the measure to be imposed will be directly related to the damages caused, the degree of participation of the adolescent in the events and the marked in the first paragraph of this article.

Article 79. Measures that may be released are of priority application; whereas those involving deprivation of liberty must be applied as last resource.

Article 80. When measures are unified, the legal maximums that for each measure provide for this Act must be addressed.

CHAPTER II

Guidance and Protection measures

Article 81. The guidance and protection measures consist of warnings, commandments or prohibitions, imposed by the District Judge Specialised for Teenagers. These measures are intended to regulate, while respecting the rights of adolescents or young adults, the conduct of young adults and adolescents, which affect the interests of society, promoting their training, understanding of the meaning of the measure, promoting socially positive links and the full development of your personality.

The guidance and protection measures will be implemented under the monitoring of the public servants designated by the Specialized Unit, except for the warning system, and in possible with the collaboration of the family and their community.

Section I

Power

Article 82. The warning is the strong attention call that the District Judge Specialised for Adolescents makes to the teen or young adult, in form oral, clear and direct, in a single act, to make you understand the seriousness of the conduct performed and the consequences that it has had or may have had, both for the victim or the offended, and for the adolescent or young adult himself, urging him to change his behavior, not to reoffend and to conminating him to take advantage of the opportunity given to him to impose this measure, which is the most benevolent among those he considers to be this Law. The purpose of this measure is to conmine the adolescent or young adult to avoid the future carrying out of any type of conduct classified as crimes, as well as to warn him that, in the case of reoffending in his conduct, he will be applied more severe.

Article 83. When the resolution in which the teen or young adult is sanctioned with warning is firm, the District Judge Specialised for Adolescents will proceed to execute the measure.

The execution of the warning shall be recorded by means of the minutes to be signed by the District Judge Specialised for Adolescents, the adolescent or young adult, if any, the parents, guardians or those exercising the parental authority or custody of the teenager and those who have been present.

In the same act, the District Judge Specialized for Adolescents should remind parents, guardians, or those who exercise parental rights or custody, their duties in the training, education and supervision of the adolescent or young adult.

Section II

Assisted Freedom

Article 84. Assisted freedom is to order the teen or young adult to continue their daily lives, but under the supervision of a supervisor and compliance with the Individual Execution Program. The duration of this measure may not be less than three days or more than four years.

The purpose of this measure is to inculcate in the adolescent or young adult the appreciation for the life in freedom and the importance that in the common coexistence has the respect to the rights of others; consequently, the Individual Implementation Programme must contain activities aimed at the effect, so that the culture of legality is affirmed and the disadvantages of irresponsible behaviour are assessed against the laws and rights of other persons.

The supervisor appointed by the Specialized Unit will follow up on the activity of the adolescent or young adult for the duration of the measure and will have the following obligations:

I. Monitor the assistance and use of the adolescent or young adult to the programs and activities provided for in the Individual Execution Program, and provide the required guidance;

II. Socially promote young adult or adolescent and their family by providing guidance and;

III. Submit the reports required by the Specialized Unit as well as the District Judge for Adolescents.

Section III

Community Favor Services station

Article 85. In compliance with the service provision measure in favor of the community, the teen or young adult must perform free of charge general interest, in public or private assistance entities, hospitals, schools or other establishments in the social sector. The purpose of this measure is to inculcate in the adolescent or young adult respect for the public goods and services, as well as the value they represent in the satisfaction of the common needs.

The services to be provided must be assigned in accordance with the purposes of the measures provided for by this Law and the skills of the adolescent or young adult. They may not exceed in any case of twelve hours a week that can be fulfilled on Saturday, Sunday, holidays, or in business days, but in any case, they must be compatible with the educational or work activity that the adolescent or young adult perform.

The nature of the service provided by the adolescent or young adult must be linked, where possible, to the species of the legal good injured by the conduct performed.

The duration of this measure must be directly related to the damage caused, as well as the existence of a willingness to cause them, but in no case may it be less than three days or exceed in any case of four years.

Article 86. When the resolution of the Specialized District Judge for Adolescents that imposed this measure is signed, the Specialized Unit will cite the adolescent or young adult, as well as parents, guardians or those who exercise the parental authority or custody of the adolescent to make their knowledge of the content of the Individual Execution Program, in which it must be clearly stated:

I. The type of service to provide;

II. The place where you should perform it;

III. The time at which the service should be provided;

IV. The number of hours, days, weeks, months, or years during which it must be borrowed; and

V. The data from the teen's or young adult's supervisor who must verify that the service is provided in accordance with the resolution of the District Judge in Adolescents.

The supervisor should periodically visit the place where the service is provided and inform the Specialized Unit of how the measure is being met. The supervisor of the Specialized Unit may be assisted by a member of the institution or public or private organisation in which the measure is to be complied with, without the inspection function being delegated to it.

For the determination of the service, the entities and programs of the adolescent or young adult's place of origin will be preferred, or where they normally reside.

The entity, institution, or organization in which the service is being provided, must report weekly to the Specialized Unit on the performance of the adolescent or young adult and any situation that arises during the execution of the measure.

Unjustified inattendance of the teen or young adult for more than three times within thirty days, as well as misconduct or lack of discipline, and the under performance in the performance of the service provision, they will be caused by failure to comply with this measure, in which case it will be made of the knowledge of the District Judge Specialized for Adolescents to resolve the conduct.

Article 87. The collaboration agreements concluded between the Specialized Unit and the social and private institutions or organizations should be knowledge of the District Judge Specialised for Adolescents. Respect for the rights of the adolescent or young adult must be fully guaranteed in those conventions.

Section IV

Dano Repair

Article 88. The damage repair measure is intended to infuse the young adult or young adult with respect for the right to moral, physical integrity. and the psychological nature of the persons, as well as the right to property, the value of private property and guarantee the rights of the victim or offended. This measure includes:

I. The restoration of the well injured by the conduct of the offence, as a crime and if it is not possible, the payment of the price;

II. Compensation for material and moral damage caused, including the payment of curative treatments which, as a result of the conduct, are necessary for the recovery of the victim's health;

III. In cases of conduct typified as a crime in the federal criminal law against freedom and normal psychosexual development, the payment of the psychotherapeutic treatments necessary for the victim will be understood; and

IV. The compensation for damages caused.

Article 89. For the purpose of this measure, it will be ensured that the repair of the damage consists of restorative agreements and not necessarily the payment of a sum of money, but where this is unavoidable, it will be ensured that it comes from the adolescent or young adult's own effort and will seek, as far as possible, not to cause a transfer of responsibility for the latter towards his/her parents, guardians or persons exercising parental authority or custody.

Section V

Limitation or Prohibition of Residence

Article 90. The limitation or prohibition of residence is to force the teen or young adult to avoid residing in places where they live. It is detrimental to its development. The purpose of this measure is to modify the daily environment of the adolescent or young adult to develop in a context prone to respect for the law and the rights of others. In no case can this measure consist of a deprivation of liberty.

Article 91. The District Judge for Adolescents, when imposing the measure, must establish the place where the teen or young adult must reside, where you will be prohibited from doing so and the time by which you must comply with the measure, which in no case may be longer than four years.

The Specialized Unit must inform the Specialized District Judge for Adolescents about the residency alternatives for the teen or young adult, giving priority to family options and informing them at least every three months about the extent to which the measure is being implemented and assessed.

Section VI

Ban on Relating to Determined People

Article 92. The prohibition on relating to certain persons consists in ordering the adolescent or young adult to refrain from frequenting persons of the which are presumed to contribute negatively to their development. The purpose of this measure is to avoid the use or induction of young adults by other people, as well as the learning and carrying out of socially negative behaviors.

Article 93. The District Judge for Adolescents, when determining this measure, must indicate clearly and precisely with which persons he or she must not relate to the adolescent or young adult, the reasons for which this determination is taken and the length of time it takes effect, which in no case may be less than six months and may not be longer than four years.

The staff of the Specialized Unit must carry out the necessary actions to ensure that the adolescent or young adult understands the inconveniences and disadvantages for his/her social coexistence and development involves engaging with the people identified in the resolution.

Article 94. When the prohibition relates to a member of the family core of the teen or young adult or any other person residing in the same place This measure must be combined with the prohibition of residence, with the need to give priority to family options.

Section VII

Ban on Attend Places

Article 95. The prohibition on attending certain places is to order the teen or young adult not to attend certain addresses or establishments which are inconvenient for the full development of their personality. The purpose of this measure is to prevent the adolescent or young adult from having contact with establishments in which they deprive environments that motivate socially negative learning, misassessment of the law and the rights of others.

Article 96. The District Judge for Adolescents must clearly and clearly indicate the places that the teen will not be able to visit or frequent. or young adult, the reasons for this decision, as well as its duration, which may in no case be less than six months or longer than four years.

Article 97. The Specialized Unit must inform the owner, administrator or manager of the establishments, that the adolescent or young adult has prohibited entry to those places.

In the event of failure to comply with this measure, knowledge of the Adolescent Specialized District Court will be made to resolve the conduct.

Section VIII

Prohibition of Driving Automotive Vehicles

Article 98. When the teen or young adult has performed the sanctioned conduct driving an automotive vehicle, the District Judge Specialized for Adolescents may impose a prohibition on driving such vehicles for as long as they deem necessary, which in no case may be less than six months or more than four years.

The measure implies disablement to obtain a permit or driver's license, or the suspension thereof if it has already been obtained, so the Specialized Unit make known to the competent authorities that this prohibition, to deny, cancel or suspend the permission of the teenager or young adult to drive motor vehicles, until as long as it does not comply with the measure. The purpose of this measure is for the adolescent or young adult to learn the value of trust in the granting of a prerogative and the consequences of missing it.

If the authority in charge of issuing permits or licenses to drive motor vehicles is aware that the teen or young adult has failed to the measure imposed, must immediately inform the Judge of the Specialized District for Adolescents, who will proceed in the terms of what is established in this Law.

Section IX

Obligation to Accuse Certain Institutions for Educational, Technical, Orientation or Education Training advice

Article 99. The District Judge Specialised for Adolescents may require the teen or young adult to go to certain institutions for receive educational training, technical training, guidance or counselling. The purpose of this measure is to motivate the adolescent or young adult to start, continue or finish their studies, at the appropriate educational level, as well as to receive technical training or, where appropriate, to be able to enter higher education.

Article 100. The District Judge for Adolescents must indicate in the sentence the time during which the teen or young adult must enter and to attend the institution, taking into account that in no case may it be less than three days or more than four years.

Preference will be given to educational centers that are closer to the family and social environment of the adolescent or young adult. If it is a private institution, it will require the consent of the private institution, as well as the parents, guardians or the child's parental authority.

For the purposes of the preceding paragraph, the District Judge Specialised for Adolescents may ask the Specialized Unit for a list of the institutions and their more salient features, as well as a reasoned opinion on which or which would be the most convenient.

Article 101. The Specialized Unit will subscribe to collaboration agreements with public and private agencies and agencies, in order to facilitate the access of the adolescent or young adult to the existing educational centers. You will need to inform the District Judge for Adolescents.

Article 102. The educational center that has concluded collaboration agreements as referred to in the previous article, will be obligated to:

I. Accept the teen or young adult as one of their students;

II. Do not divulge the causes by which the teen or young adult is at that center;

III. Do not discriminate against the teen or young adult for any reason; and

IV. Provide all information required by the Specialized Unit supervisor or the Specialized District Judge for Adolescents in respect of the teen's or young adult's compliance with the measure.

Article 103. The Specialized Unit shall designate a supervisor to report, at least every three months, on the progress, progress or setbacks of the teen or young adult.

Article 104. Inattendance, lack of discipline or low academic performance, in accordance with the requirements and conditions required by the Center They are a cause of failure to comply with the measure, in which case it will be made known to the District Judge for Adolescents to resolve the conduct.

Section X

Obligation to Get a Job

Article 105. The obligation to obtain a formal job is to order the teen over fourteen or the young adult to enter and remain in a The aim is to develop positive attitudes of social coexistence and to strengthen self-esteem, provided that it does not impair their school performance. The aim of this measure is to find a living environment for the adolescent with a view to its work development. For the best performance of its purpose, this measure can be combined, when deemed appropriate, with the one provided in the previous section, in its technical training modality.

Article 106. The District Judge for Adolescents, when determining the measure and after consulting the teen or young adult about the type of work which it may carry out, it shall state the reasons for which it takes the determination, the places and the time during which it must comply, which shall not be less than one month and no longer than four years. In any case, it will be preferred to those workplaces that are close to the family or social environment in which the adolescent or young adult develops.

Article 107. The Specialized Unit must sign collaboration agreements with those public or private work centers that are interested in employing to adolescents or young adults.

Article 108. When there are different possibilities, the teen or young adult will choose the appropriate work center for the measure, previously authorised by the District Judge Specialised for Adolescents, without prejudice to the fact that he requests the opinion of the Specialized Unit.

Article 109. The pattern that has entered into any collaboration agreement, in accordance with Article 107 of this Law, will have the following obligations:

I. Accept the teen or young adult as one of their workers;

II. Do not divulge the causes by which the teen or young adult is in that job center;

III. Do not discriminate against the teen or young adult for any reason; and

IV. Provide all the information required by the Supervisor or the District Judge for Adolescents, regarding compliance with the measure by the teen or young adult.

This measure may only apply to adolescents over fourteen years of age or young adults, in accordance with applicable labour law.

Article 110. The failure to comply with your work obligations will be a cause of failure to comply with the measure by the teen or young adult, in which case will be made aware of the District Judge Specialised for Adolescents to resolve the conduct.

Section XI

Obligation to Abstain From Ingesting Alcoholic Beverages and Narcotic Drugs

Article 111. The measure of abstaining from ingesting alcoholic and narcotic beverages consists in ordering the teen or young adult for a period that does not may be less than six months or more than four years, do not consume such drinks or substances in any public or private place where it has been established that the conduct was carried out as a result of taking them.

The purpose of this measure is to hinder the access of the adolescent or young adult to alcohol and drugs, thereby contributing to the medical treatment and psychological of possible addictions. This measure does not imply or accept the obligation to submit to such treatments, without prejudice to the fact that the Individual Implementing Programme provides for the mechanisms necessary to undermine the adolescent or young adult so that, on a voluntary basis, admits the intervention that the problem corresponds to and to continue with it until it is discharged.

Article 112. As far as this measure is concerned, the Specialized Unit must:

I. To have general programmes aimed at reducing and eliminating the consumption of alcohol and narcotic drugs;

II. Count on the specialized personnel required to implement the above mentioned programs;

III. Apply medical checkups and clinical analyses, directly or through public or private institutions with which collaboration agreements are concluded, to verify that the adolescent or young adult has effectively refrained from ingesting alcoholic beverages, drugs and narcotic drugs; and

IV. Inform the Specialized District Judge for Adolescents of the collaboration agreements that he or she subscribes with public or private laboratories or institutions.

The violation of this prohibition by the adolescent or young adult will be a cause of failure to comply with the measure, in which case it will be made of the judge's knowledge of Specialized District for Adolescents to resolve the behavior.

CHAPTER III

Internship Measures

Article 113. By measure of detention, the various degrees of deprivation of the right to freedom of movement of adolescents and young adults are understood. they warrant it in the terms of this Law.

The detention measures are the most serious among those envisaged by this order and must therefore be applied as a last resort, for the shortest time that (a) to apply, in the alternative, and may only be imposed on those who have or have had, at the time of the conduct, an age of between 14 years and 18 years of non-compliances; in so far as it is one of the following conduct serious typified as a crime:

I. Terrorism, provided for in Article 139, first paragraph of the Federal Criminal Code;

II. Against health, provided for in Articles 194, 195, 196 Ter, 197, first paragraph and 198, first part of the third paragraph of the Federal Criminal Code and those provided for in Articles 464 Ter, II and III, and Articles 475 and 476 of the Law General Health;

III. Attacks on the communication routes, provided for in Article 170, first and third paragraphs of the Federal Criminal Code;

IV. Violation, provided for in Articles 265, 266 and 266 Bis fractions I and II of the Federal Criminal Code;

V. Assault on roads or roads, provided for in Article 286 of the Federal Criminal Code;

VI. Injuries, provided for in Articles 291, 292 and 293, when committed in any of the circumstances provided for in Articles 315 and 315 Bis of the Federal Criminal Code;

VII. Homicide, provided for in Articles 302 to 307, 312, 313, 315, 315 Bis, 320 and 323 of the Federal Criminal Code;

VIII. In the matter of kidnapping, provided for in Articles 9, 10, 11, 12, fourth paragraph, 14, 15, 17 and 18 of the General Law to Prevent and Punish the Crimes in Matter of Kidnapping, Regulatory of the 21st Fraction of Article 73 of the Constitution Mexican United States policy, and trafficking in minors, provided for in Article 366 Ter of the Federal Criminal Code;

IX. Qualified theft, provided for in Article 367, when carried out in any of the circumstances referred to in Articles 372, 381, fractions VII, IX, and X, and 381 bis; and the amount of the stolen exceeds a hundred times the minimum wage in accordance with the provisions of Article 370, second and third paragraphs, as well as the theft provided for in the last paragraph of Article 371 of the Federal Criminal

;

X. Use, collection, carrying and introduction of firearms for the exclusive use of the Army, Navy or Air Force, provided for by Articles 83, fraction III, 83-Bis fraction II, 83-Ter, fraction III and 84, fraction I of the Federal Law of Firearms and Explosives; and

XI. Theft of hydrocarbons provided for in Article 368 Quater of the Federal Criminal Code.

The purpose of these measures is to limit the freedom of movement of adolescents or young adults, in order to facilitate reflection on their responsibility. individual and social in relation to the consequences of the conduct committed. During periods of deprivation of liberty, group activities should be conducted by trained technical personnel for these purposes.

In no circumstance, the detention measures involve the deprivation of rights other than those limiting the resolution of the Specialized District Judge for Adolescents.

The punishable attempt of the conduct referred to in this article shall not be considered as serious.

If the attempt or the execution of the conduct considered as a crime is undertaken, the person has been removed from the consummation of the result, in such a way that Later behavior makes reasonable to avoid it, due to a conscious and voluntary motivation according to the legal order, will not be imposed any measure by attempt.

The co-author, the participant-inductor, or the participant-accomplice, who disposes of his contribution to the fact, must do what is reasonable to neutralize the risk created by his preceding behavior.

The withdrawal of the author of the main event will not favor either the participant-inducer or the participant-accomplice of the case in question.

The withdrawal of the attempt to participate, neither of the inductor, nor of the participant-accomplice will not be sanctioned.

This detention measure may also be applied in the cases provided for in the second paragraph of Article 145 of this Law.

Article 114. Except in the case of home detention, the detention measures shall be applied exclusively in the federal detention centers. The duration of these measures must be directly related to the conduct committed, without being able to exceed the limits that in each case determine this Law.

Under no circumstances will the adolescent or young adult be allowed to remain in any of the federal detention centres, on the grounds that they do not there is another way to guarantee your rights.

Article 115. At any time when the staff of the federal detention centers or the supervisor of the Specialized Unit realize that the teen or young adult has a mental illness or disability, will inform the District Judge for Adolescents of their status, so that they are ordered to do so.

Section I

Home Interment

Article 116. Home internment consists of a ban on the teen or young adult from leaving his or her home. If this is not possible, for reasons of convenience, this measure may be practised in the home of any family member.

The purpose of this measure is the deprivation of the right to freedom of movement within the limits of the domicile itself, without affecting the fulfilment of the obligations working or school children of the adolescent or young adult, the duration of which may not be less than one month and no longer than four years. A supervisor appointed by the Specialized Unit shall monitor compliance with this measure and shall report in the terms of this Act.

Article 117. The District Judge for Adolescents will fix the duration of this measure, the permits that correspond to leave the address and the reasons for which they can be granted. In the Individual Execution Program, the activities that the person subject to the measure can perform must be established.

Section II

Free Time Internship

Article 118. The measure of internment in free time consists in restricting the freedom of the teen or young adult who forces him to go and stay at a Federal Interment Center, during the time periods imposed on it in the resolution.

The purpose of this measure is the intermittent deprivation of freedom of transit and consists of periods of daytime, night or weekend internment.

As far as possible, the District Judge for Adolescents will take into account the work and/or educational obligations of the teen or young adult to determine the periods of detention.

The duration of this measure may not be less than one month or exceed four years.

Article 119. In the Individual Execution Program, at least the following aspects are set:

I. The Federal Internal Center where the teen or young adult must comply with the measure;

II. The days and hours at which you must present and stay in the facilities specified in the program;

III. The activities to be performed in federal detention centers; and

IV. The regulatory provisions of the Federal Internal Center that are applicable during the periods of deprivation of liberty to which the person to whom the measure has been imposed is subject.

Article 120. The spaces for internment in free time will not have extreme security and must be totally separate from those destined for the compliance with the permanent detention measure.

Section III

Permanent Internment

Article 121. The permanent detention measure is the most serious provided in this Law; it consists of the deprivation of liberty and must be fulfilled exclusively in the federal detention centres, which may be issued by the teenager or young adult only by written order of judicial authority.

The duration of this measure must be directly related to the damage caused, without being able to be less than one year or more than five years when the adolescent or adult young person is between fourteen years of age and less than sixteen years of age at the time of the conduct, and when he is sixteen years old and under eighteen years of age, he shall not be less than two years and not more than seven years.

Article 122. Except for the conduct referred to in Article 113 of this Law, the District Judge for Adolescents is not required to impose the permanent detention measure, and the other measures will therefore be considered as a priority application.

Article 123. When the permanent detention measure is imposed, it will be computed as part of the compliance of the permanent internment, the provisional internment time that is has applied to the teen.

Article 124. The imposition of the measure provided for in this section is of exclusive and inselectable competence of the judicial authorities specialized in justice for adolescents, provided for in this order. Its execution is the competence of the Specialized Unit and the directors of the federal detention centers for adolescents and must be met in places other than those intended for adults.

TITLE FIFTH

RUNNING THE METRICS

CHAPTER I

General Provisions

Article 125. The implementation and enforcement stage of the measures includes all actions aimed at ensuring compliance and achieving the end of the the application is pursued, as well as all matters relating to the processing and resolution of incidents during this phase.

Article 126. The Specialized District Judge for Adolescents is the judicial authority responsible for the control and oversight of the legality of the application and enforcement of the measures; it must therefore resolve the incidents that occur during this phase, as well as monitor and ensure compliance with the objectives set by this Act.

In the terms of the applicable laws, the administrative authority that does not comply with the orders of the Specialized District Judge is responsible for Adolescents.

In no case will administrative authorities or other authorities of the Judicial Branch of the Federation be able to decree the modification, replacement or early compliance of the imposed measure.

Article 127. The Secretariat and the holders of the federal detention centres shall take the necessary administrative decisions to ensure the compliance with the measures, but they will not be able to do so when changes are involved in the legal status of the adolescent or young adult subject to measures, or when their rights are compromised, except where the integrity of who are in the detention center, and the security of the internment. The Specialized District Judge for Adolescents will monitor the proper compliance with this provision.

All decisions taken by the administrative authorities referred to in this Article shall be duly substantiated and reasoned; they shall be notified immediately to the person subject to the measure, to his or her human rights defender, to the parents, guardians or to the custody of the adolescent and to the District Judge for Adolescents.

Article 128. It is up to the Secretariat to issue the regulation in accordance with the necessary regulations governing compliance with the measures. provided for in this Law and shall ensure that the rights and guarantees of persons subject to such measures are not infringed in their application.

Article 129. The Specialized Unit may conclude collaboration agreements with other public or private institutions or bodies, as well as with the community, in order to generate and have support networks, governmental and non-governmental, as well as civil society, for the implementation of the mechanisms for implementing the measures provided for in this Law. With regard to the implementation of measures, the participation of the bodies concerned shall be under the control and supervision of the Specialized Unit.

Article 130. The authorities of the Specialized Unit may conmine the parents, relatives, guardians, guardians, who exercise the parental authority or custody, to provide support and assistance to the teen or young adult, if any, during the implementation of the measures. For these purposes, the Specialised Unit shall endeavour to ensure that:

I. Training programs for parents, guardians, family members, responsible persons, who exercise parental authority or custody, in the terms of the Federal Law on the Protection of the Rights of Girls, Children and Adolescents;

II. School programs for families responsible;

III. Guidance and treatment programs in case of alcoholism or drug addiction;

IV. Health care programs;

V. Courses and guidance programmes; and

VI. Any other action that allows parents, relatives, guardians, guardians, who exercise parental authority or custody to contribute to ensuring the integral development of adolescents or young adults.

CHAPTER II

Execution Procedure

Article 131. If the resolution imposes measures, the Adolescent Specialized District Judge who issued it shall immediately notify the Unit Specialized, in order to initiate the procedure of execution of the imposed measure.

Article 132. Once the measure is notified, the Specialized Unit will develop an Individual Execution Program that must:

I. Subject to the purposes and functions of the or the measures imposed by the District Judge for Adolescents;

II. Take into account the particular characteristics of the adolescent or young adult;

III. Contain a clear and detailed description of the particular objectives of the programme;

IV. Clearly state the conditions and form in which it must be met;

V. Focus on the parameters of education for peace, peaceful resolution of conflicts and meaningful learning of human rights as criteria for harmonious coexistence; and

VI. Indicate whether the application of the measure will be in charge of the federal detention centres, in charge of any public or private institution or, where appropriate, of both instances.

For the determination of the content and scope of the Individual Execution Program, the opinion of the person subject to the measure and, where appropriate, with the parents, guardians or those who exercise the parental authority or custody of the adolescent, in relation to the setting of the conditions and the manner of execution of the same.

It should also be provided that such a programme is completed within a period of no more than five days from the date of the final decision ordering the measure.

Article 133. The personnel responsible for the elaboration of the Individual Execution Programs, as well as the implementation of the measures provided for in this (a) the system must be competent, sufficient and specialised in the disciplines required to fulfil the tasks assigned to the Specialized Unit and to the federal detention centres. Care should be taken in any case that they are specialists with the experience and knowledge necessary for the work with adolescents.

Article 134. Once you are informed of the content of the Individual Execution Program, the Adolescent-Specialized District Judge will review the rights are limited or add obligations that exceed what is strictly determined in the resolution. In the event that this occurs, the Adolescent Specialized District Judge will order the Specialized Unit to make the modifications to which there is a place.

At the suggestion of the staff responsible for implementing the Individual Implementation Programme, the Specialized Unit may modify its content, provided that the changes do not exceed the limits of the measure imposed and is authorized by the District Judge for Adolescents.

Article 135. The Specialized Unit shall record the date, time and place in which compliance with the measure is initiated. At that time you will personally inform the teen or young adult about the rights and guarantees that you are attending during such compliance, as well as your duties and obligations.

Article 136. The supervisor of the Specialized Unit or, if applicable, the Federal Internal Center shall collect the necessary information on the development of the Individual Implementation Programme, with emphasis on the progress or obstacles that have been presented. It is the obligation of the Specialized Unit to inform family members, legal representatives and the adolescent or young adult, when required.

Section I

Measurement and Anticipated Compliance

Article 137. At the time of the completion of half the duration of the measure imposed by the District Judge for Adolescents, the In the event of a child, the parent, guardian or the parent, the parent, guardian or the child's custody, the young adult or his/her advocate may request the conclusion of an appropriate hearing of the measure, to which the parties shall be summoned, which will be performed within ten days after notification.

Article 138. As of the notification of the adequacy hearing of the measure and up to a day before, the parties may offer the evidence they consider appropriate. The deahogo of the same will be carried out during the hearing.

Article 139. At the end of the hearing, the Specialized District Judge for Adolescents will let the parties know, their determination regarding the provenance or refusal of the amendment or replacement of the measure, as well as the obligations, which, where appropriate, the young person or adult must comply with. In no case shall the anticipated compliance of the measure, nor the replacement of the permanent detention measure, be decreed at this first hearing.

Article 140. The modification or replacement of the measure will only be possible if the teen or young adult manifests their conformity.

Article 141. The resolution confirming in its terms the measure imposed may only be reviewed at the request of the teen, the young adult or his/her Seventy-five percent of the duration of the same was fulfilled.

In this case, a new adequacy hearing will be held, which will be conducted in accordance with the provisions of this section. At the end of this second hearing, the District Judge for Adolescents shall determine whether or not to modify or replace the measure or, where appropriate, to declare that the measure is in advance.

Section II

Measure Default Equation

Article 142. The Specialized Unit may request, at any time, the District Judge Specialized for Adolescents the adequacy of the measure imposed or the person who was appropriate during the execution stage, where he considers that the adolescent or young adult has incurred a breach of such gravity as to put at risk or prevent the purpose of the measure imposed. Such a request shall be duly substantiated and substantiated.

Article 143. The Specialized District Judge for Adolescents will subpoena the parties to a default adequacy hearing, to be held within the ten days after notification.

Article 144. At the end of the hearing, the District Judge for Adolescents will determine whether or not the measure has been breached. In the event, the Judge may either warn the adolescent or young adult to comply with the measure within a specified time limit or to decree the adequacy of the measure.

Article 145. If the adolescent or young adult does not comply with the judicial warning that has been made, the Specialized Unit may request a new the adequacy hearing of the measure, in which, if the reiteration of the non-compliance is demonstrated, the District Judge for Adolescents will have to decree in the act the adequacy of the measure without a new warning.

Once the adequacy of the measure provided for in the previous paragraph is determined, if the adolescent or young adult is unable to observe the measure, it will be carried out by failure to impose any measure of detention, taking into account the principle of proportionality.

Section III

Control of the Internal Measure

Article 146. In case of an internment measure, the Specialized Unit will check the teen's or young adult's income to the center. and that he has been made aware of the regulation to which he is subject, as well as the rights and guarantees that will be attended to him while he is in detention, and a detailed record will be drawn up in which he will record:

I. The personal data of the teen or young adult subject to measure;

II. The result of medical screening performed on the teen or young adult;

III. The project of the Individual Implementation Programme, and in its case the definitive one;

IV. The information that the authorities of the Federal Internal Center provide to the teen or young adult about the rules of behavior and coexistence inside, as well as the applicable disciplinary measures; and

V. The physical conditions of the bedroom in which it will be incorporated and the other facilities.

Article 147. In the case of the permanent detention measure, the District Judge for Adolescents will verify that the Individual Program of Run specify, plus:

I. The Federal Interment Center and the section thereof where the person must comply with the measure;

II. Guidelines for determining the possible permissions to which the teen or young adult will be entitled to temporarily leave the center;

III. The determination of educational, sports, cultural, labour or training activities in which it will participate;

IV. Special assistance to be provided to the teen or young adult;

V. The possibilities of attenuation of the effects of the measure; and

VI. The necessary measures to prepare for the release of adolescents and young adults at the time.

It will be sought to include the realization of collective activities among the internal adolescents, as well as among the young adults, in order to foster a similar coexistence. to the practice of freedom.

Article 148. The Specialized Unit shall verify that the federal detention centers have the capacity to internalize persons under appropriate conditions. and that their spaces respond to the objective of avoiding social exclusion, so that their structure and equipment must comply, at least, with the following provisions:

I. To respond to the particular needs of access and care of those who are interned, such as intimacy, visual stimuli, special requirements for gender, different abilities, promotion of the possibilities of association with his colleagues and participation in cultural activities, education, training, artistic development, job performance, recreation and recreation, as well as other needs arising from the development of everyday life, which includes dormitories, canteens, kitchens and toilets;

II. To have an effective system of alarm, evacuation and good protection, for cases of fire, flooding, tellurian movements or any other risk against the safety and integrity of those who are inside the center of internment;

III. Not located in health risk areas;

IV. Having separate areas according to sex, age, and legal status of persons who comply with an internment measure, in the terms of this Act;

V. The bedrooms must have electric light and have a maximum capacity for four people. They must be fitted with individual bedding, which must be delivered clean, maintained in good condition and regularly moved for hygiene reasons;

VI. Health facilities should be clean and located so that the people in the hospital can meet their physiological needs with hygiene and privacy;

VII. Canteens must have adequate and sufficient furniture to ensure that the food intake is given in conditions of hygiene and dignity;

VIII. Have adequate spaces so that everyone can save their belongings;

IX. Have adequate spaces and equipment for permanent medical care, taking into consideration the specific needs according to the age and gender of the people in the hospital; and

X. Count on appropriate areas for:

a) The family visit;

b) The intimate visit;

c) The coexistence, if any, of the adolescent mothers with their children and to cover the needs of care of the latter;

(d) The provision of legal, medical, social, psychological and dental services for the persons involved;

e) Educational instruction, job training and job performance;

f) Outdoor and indoor recreation;

g) The celebration of religious services with an ecumenical perspective, in accordance with the possibilities of the center; and

h) The disciplinary containment of persons subject to the permanent detention measure in the terms of the regulations of the federal detention centres, under conditions that prevent the application of cruel, inhuman or degrading treatment or any other situation that violates the dignity and physical and mental security of the persons involved.

You must also verify that the facilities of the Federal Adolescent Internal Center are completely separate from those of the federal detention center. of young adults and, in any case, each of these centres has its own regulations, as well as authorities, technical, administrative and custodial staff. The staff of the areas for the internment of adolescent women should be female.

Article 149. The internal regime of federal detention centers shall be governed by a regulation to be considered:

I. The rights, guarantees and duties of persons who are interned;

II. The privileges of the public servants attached to the centres;

III. Conduct that constitutes faults and the disciplinary measures to which they give rise, clearly stating the intensity and duration of the offences, as well as the procedures for imposing them;

IV. The procedures for authorization, surveillance and screening for visitors, as well as for the review of bedrooms and belongings;

V. The guidelines for family visitation;

VI. Provisions for teens or young adults to receive an intimate visit;

VII. The guidelines and requirements for the provision of educational, job training and respective health, sports and health services;

VIII. The general schedules and guidelines for the provision of the food service that will in no case be denied or limited;

IX. The ban on the internment of adolescents in federal youth detention centers; and

X. The ban on the detention of young adults in detention centers for adolescents.

Article 150. The Specialized Unit may at any time instruct the responsible administrative authorities to take the necessary measures to to protect the physical integrity of the internalized persons and their visitors, as well as to maintain the dignified living conditions inside the federal detention centers.

Article 151. When the measures referred to in the previous article involve the protection of the physical integrity, health, and personal safety of persons (a) where the measures involve corrections and adjustments to the services and facilities of the federal detention centres, the specialised unit shall provide a reasonable period of time for the purpose of the measures to be taken; compliance and enforcement are ensured with decent living conditions in the interior of the center.

Article 152. The Specialized Unit may, after hearing with the directors of the federal detention centers, order their suspension, removal, or disabling when:

I. Do not extend the measures ordered by;

II. Repeat acts or omissions deemed to be in violation of the rights and guarantees of persons interned or their visitors in the resolution of the complaint; and

III. Obstruct or prevent the obstruction of the functions of the defenders, the visitors of the public and international bodies for the protection of human rights.

TITLE SIXTH

RESOURCES

CHAPTER I

General Rules

Article 153. The resolutions shall be used only by the means and in the cases expressly established, provided that they cause tort to the appellant. The right of appeal shall be the responsibility of the person expressly granted. Where the law does not distinguish between the various parties, the appeal may be brought by either party. Only the following resources will be supported in the process, as appropriate:

I. Revocation;

II. Appeal;

III. Complaint;

IV. Administrative complaint; and

V. Claim.

Article 154. The resources will be interposed in the time and form conditions that are determined in this Law.

Article 155. The parties may only contest court decisions that cause tort to them, provided they have not contributed to causing it; except for adolescents, the young adult or their defence who may challenge a court decision even if they have contributed to causing the vice, in cases where legal provisions on their intervention, assistance and representation are injured.

Article 156. The Public Ministry of the Federation for Adolescents may present an appeal against decisions that are contrary to the interests of the represents.

Article 157. The court that knows of the appeal, will fill in the deficiency of the grievances when the appellant is the teen or young adult, or if the defender, it is warned that the clumsiness did not properly enforce them.

Article 158. The victim or offended will be able to make use of the decisions that deal with the repair of the damage. They will also be able to request the Public Ministry of the Federation for Adolescents to intervene, to intervene in the legal deadlines.

When the Public Ministry of the Federation for Adolescents does not present the challenge, it must found and motivate in writing to the applicant the reason for its proceeding, within five days of the expiry of the legal period for appeal.

Article 159. When there are several adolescents or young adults involved in the same cause, the action brought by one of them will also favor the other, in any of the following causes:

I. For the lack of the fact attributed to them;

II. By typing the facts in a different figure to the one by which the subjection to the process was decreed, or by accreditation of some other modality that favors the legal situation of the adolescents or young adults;

III. When determining the amount of the damage caused or the profit obtained, the reduction of measures shall be carried out.

It shall not be possible to extend the resolution that is given in the appeal, in respect of those to whom a firm resolution has been issued.

It will also favor the other adolescents or young adults involved in the use of the adolescent or young adult respondent by the civil road, as soon as it has an impact on their responsibility.

Article 160. The contested resolution will not be suspended while the resource is being processed, except for the final statement caused by the state.

Article 161. The Public Ministry of the Federation for Adolescents may withdraw from its resources, on the basis of a reasoned and reasoned request.

To desist from a resource, the advocate must have express permission from the teen or young adult.

Article 162. When the resolution has been challenged by the teen or the young adult or his or her defender, it cannot be modified to the detriment of the child.

The resources brought by any of the parties will enable the contested decision to be confirmed, modified or revoked.

Article 163. The errors of law in the substantiation of the contested judgment or judgment, which have not influenced the resolutive part, do not invalidate it, but shall be corrected only as soon as they have been notified or indicated by any of the parties, as well as any errors in the designation or the calculation of the time-limits for the measures.

CHAPTER II

Revocation Facility

Article 164. The revocation facility will proceed only against determinations that will decide without substantiation a process of the process, so that the same Judge who issued them again examines the issue and dictates the appropriate resolution.

Article 165. This resource shall be filed in writing within three days of the notification of the determination under appeal. The District Judge Specialised for Adolescents will decide, after hearing the interested parties, within the same time limit.

Article 166. During the hearing of the hearings, only the revocation appeal, which shall be resolved immediately, without suspending those proceedings, shall be admissible. The interposition of the revocation appeal involves the reservation of enforcing the procedural violation in the appeal, if the vice is not sanitized and causes a tort to the appellant.

CHAPTER III

Appeal Resource

Article 167. The appeal case is intended to examine whether the corresponding law was applied in the contested decision or was applied is inaccurately, if violated the regulatory principles of the test assessment, whether the facts were altered or not properly founded or motivated.

Article 168. The appeal will proceed against the resolutions handed down by the District Judge for Adolescents, except for provided for in the revocation facility.

You will also appeal the resolutions of the Specialized District Judge for Adolescents that will fit or comply with a measure.

Article 169. The second instance will only open at the request of a legitimate party, to resolve the grievances that the appellant considers to cause the resolution recurrences. The grievances must be expressed when the appeal is brought or in the view of the case.

Appeals against determinations prior to the first instance resolution must be settled by the court of appeal before the judgment is issued. same.

Article 170. The appeal may be filed in the act of the notification or in writing or appearance within five days from the date of the notice. effects of the notification if it is the case of the first instance resolution, or three days if it is filed against any procedural determinations.

When the teen or young adult is notified of the decision of the first instance, the term that the law grants to bring the appeal will be made known to him. which will be noted in the process.

The omission of this requirement will have the effect of duplicating the legal term to interject the resource.

Article 171. Filed with the appeal, the corresponding judge will notify the other parties that within three days they will manifest what they are entitled to

Without further processing and immediately, you will forward the performances to the Circuit Magistrate for Adolescent competent to resolve the conduct.

In both effects, the final judgments in which some sanction is imposed are appable.

In the other cases where the appeal proceeds, only a copy of the relevant actions will be submitted or a special file will be formed, so as not to delay the process.

Exceptionally, the court of appeal may request other copies or original performances. This will not involve the cessation or suspension of the process.

Article 172. Addicted to the cause, the Circuit Magistrate for Adolescents will decide whether to admit the appeal and, if appropriate, within ten days of quoting a hearing in which the question raised will be resolved immediately.

Article 173. The hearing will be held with the parties who appear, who will be able to make use of the word, without any replicas being admitted. If you force two or more of the appellants, they shall use the word in the order designated by the presiding officer.

Those involved in the discussion will be able to leave brief written notes on their approach.

The teen or young adult will be represented by your advocate, but you will be able to attend the hearing and, in that case, you will be granted the word in the final term.

In the hearing, the Circuit Magistrate for Adolescents will be able to question the appellants about the issues raised in the appeal.

Declared the case, the debate will be closed and the Circuit Magistrate for Adolescents will decide the appropriate ruling, at that time or at the latest, within five days, confirming, revoking, or modifying the appealed resolution.

Article 174. On appeal, supervenlient evidence may be offered to prove the illegality of the contested decision, from the time of the interposition from the resource to the view audience.

Tests that can be drowned in the hearing can be of all kinds. The evidence of proof shall be admissible only if the facts to which it relates have not been the subject of the examination of witnesses in the first instance.

If after the hearing of the hearing the Circuit Magistrate for Adolescents considers necessary the practice of some diligence to illustrate his criterion, he will be able to decretarla to better provide and practice within the next ten days in accordance with the provisions of the Federal Code of Criminal Procedures. Practiced as it may, the matter will fail immediately.

Article 175. Issued the resolution of the appeal, the legitimized parties will be notified immediately, and the second instance will cease.

The sentences issued by the Circuit Magistrate for Adolescents will contain the basic steps to safeguard the guarantees of minors, as well as the effects of the new court decision.

CHAPTER IV

Complaint Resource

Article 176. The complaint resource to the Circuit Magistrate for Adolescents proceeds against judges who do not issue the resolutions to which they are required, or do not order the practice of proceedings within the time limits and the terms specified in this Law, or when they do not comply with the formalities or do not issue matters in accordance with the provisions of this Law.

The complaint will be filed within the following three days, counted from the time the situation occurred that brought the case to the Circuit Magistrate for Adolescents. In the case of delay in the case of a case without a detention, the complaint can only be filed by the Public Ministry of the Federation for Adolescents.

The Circuit Judge for Adolescents, in the forty-eight hour term will require the District Judge Specialized for Adolescents to comply with the obligations specified in the law, within a period not longer than two days, without prejudice to the responsibilities resulting therefrom.

CHAPTER V

Administrative Complaint and Claim Resource

Article 177. The person subject to an internment measure may file the administrative complaint, either by his or her own right or through his or her parents, guardians, who exercise the rights, custody or rights of the rights of the public, against the staff of the federal detention centres or against the representatives of the public, private or social institutions or organisations which are applying or collaborating in the application of the measure, by the transgression or imminent violation of their rights.

Article 178. The administrative complaint shall be filed in writing within 10 days of the act deemed to be in violation of the rights of the person subject to the detention measure, to the Specialized Unit who shall immediately carry out the respective investigation and issue a decision within a period not longer than five days.

The Specialized Unit shall, where appropriate, provide the necessary precautionary measures to safeguard the rights of the aggrieved while the complaint is resolved. administrative.

Article 179. Against resolutions issued by the Specialized Unit in administrative complaint filed under the terms of the previous article or against the lack of In response to this, the complaint will proceed to the District Judge for Adolescents.

Article 180. The claim facility must be filed in writing within five days of notification of the determination under appeal or the deadline that the decision referred to in Article 178 of this Law should have been given to the Judge of the Specialized District for Adolescents who, if he qualifies it, will convene within the five days a hearing to which they must attend the teen or young adult, his parents or guardians, if any, his or her the executing authority identified as responsible, who will make a brief presentation of their positions. The judge will immediately resolve once you have heard the participants.

The District Judge for Adolescents will be authorized to ask the executing authorities for all the necessary reports to support his or her resolution.

If the executing authority does not send the requested reports or does not appear to the hearing, the District Judge for Adolescents will have the facts subject matter of the resource.

The application of the contested decision shall be suspended by the action of the complaint, until it is finally settled, except in the case of suspend the resolution, put third parties at risk.

The Specialized District Judge for Adolescents, once you know the determination, will resolve within a period of no more than five days.

ARTICLE SECOND. ...........

ARTICLE THIRD. ...........

ARTICLE FOURTH. ...........

ARTICLE QUINTO. ...........

TRANSIENT

FIRST. This Decree shall enter into force once the National Code of Criminal Procedures has entered into force in the Federation, in all Entities Federativas and the Federal District, in the terms provided for in the declaratory referred to in the Second Transitional Article of the Decree for which the National Code of Criminal Procedures is issued, published in the Official Journal of the Federation on 5 March 2014, without it being able to exceed 18 June 2014 2016.

SECOND. The Law for the Treatment of Juvenile Offenders for the Federal District in the field of the Common Fuero and for the entire Republic in the matter of Federal Fuero is opened in its federal-wide application.

THIRD. Within the period of entry into force of this Decree, the Federal Executive and the corresponding federal authorities shall issue the regulations provided for in this Law, as well as to make the budgetary and organic adjustments. corresponding. The initial and ongoing selection and training of the officials to be integrated by the system staff, as well as those who will serve as trainers, should also be envisaged. For these purposes, it will be possible to use the agreements that the various agencies have signed with the decision-making bodies specialized in the protection of the rights of the adolescents.

FOURTH. The institutions responsible for the training of federal police officers must include, within a period not exceeding the current school cycle at the time of entry into force this Law, in the cross-sectional curriculum, plans and programmes of study of all levels and modalities in which training is provided, a comprehensive training in the rights of adolescents contained in the Political Constitution of the United Mexican States, international treaties and other applicable federal orders.

QUINTO. Adolescents who are subject to the procedure or who are complying with a measure in accordance with the Law that is open will be subject to the regime provided for in this Law in all that benefits them.

SIXTH. The fees that are generated for the federal authorities resulting from the entry into force of this Decree, will be subject to the revenue provided by the Federation's Revenue Law, as well as to the budgetary availability. approved for this effect by the Chamber of Deputies in the Federation of the Federation of the Federation of the Federation of the Fiscal Year concerned and the provisions of the Federal Law on Budget and Accountability.

SEVENTH. For the purposes of the application of physical force on adolescents and young adults as an exceptional measure, the action protocols for the use of force which are necessary shall be issued within six months of the Entry into force of this Decree.

EIGHTH. The Congress of the Union shall make the amendments corresponding to this Law within six months of the entry into force in the federal field of the criminal justice system provided for in Articles 16, paragraphs second and thirteenth; 17, third, fourth and sixth paragraphs; 19; 20 and 21, seventh paragraph, of the Political Constitution of the United Mexican States.

NINTH. All provisions which are contrary to this Decree shall be repealed.

Mexico, D.F., as of November 28, 2012.-Sen. Ernesto Cordero Arroyo, President. -Dip. Jesus Murillo Karam, President.-Sen. Maria Elena Barrera Tapia, Secretary.-Dip. Javier Orozco Gomez, Secretary.-rubrics. "

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, This Decree is issued at the Federal Executive Branch in Mexico City, Mexico City, in the twenty-sixth of December of two thousand twelve. Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.


TRANSIENT ITEMS OF REFORM DECREES

DECREE amending the first transitional article of the Decree for which the Federal Law of Justice for Adolescents is issued and added to the Organic Law of the Judicial Branch of the Federation, reform of the Organic Law of the Federal Public Administration, is added to the Organic Law of the Attorney General of the Republic and is reformed the Federal Law of Public Defender, published on December 27, 2012.

Published in the Official Journal of the Federation on December 24, 2014

Article Unique. Reform of the Transitional First Article of the Decree that Exasks the Federal Law of Justice for Adolescents and is added to the Organic Law of the Judicial Branch of the Federation, reform of the Organic Law of the Federal Public Administration, is added the Organic Law of the Attorney General of the Republic and reform the Federal Law of Public Defender, published in the Official Journal of the Federation on December 27, 2012, to remain as follows:

.........

Transient

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

Mexico, D.F., at December 15, 2014.-Dip. Silvano Aureoles Rabbit, President.-Sen. Miguel Barbosa Huerta, President.-Dip. Javier Orozco Gomez, Secretary.-Sen. Maria Elena Barrera Tapia, 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-three December of two thousand fourteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.