FEDERAL LAW FOR THE PROTECTION OF PERSONS INVOLVED IN CRIMINAL PROCEEDINGS; AND ARTICLE 31 OF THE FEDERAL LAW ON TRANSPARENCY AND ACCESS TO PUBLIC INFORMATION IS REFORMED GOVERNMENT
Published in the DOF on June 8, 2012
Last reform published in the DOF on March 12, 2015
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
FIRST ARTICLE.- The Federal Law for the Protection of Persons Intercoming in Criminal Procedure is issued.
FEDERAL LAW FOR THE PROTECTION OF PERSONS INVOLVED IN CRIMINAL PROCEEDINGS
ARTICLE 1.- The provisions of this Law are of public order and general observance and aim to establish measures and procedures to ensure the protection and protection of persons. interveners in the criminal proceedings, when they are in a situation of risk or danger because of their participation or as a result of their participation.
ARTICLE 2.- For the purposes of this Law, it is understood by:
I. Law: Federal Law for the Protection of Persons Intercoming in Criminal Procedure.
II. Program: The Federal People's Protection Program.
III. Center: The Federal Center for Protection of Persons.
IV. Director: The Director of the Center.
V. Attorney General's Office: The Attorney General's Office.
VI. Prosecutor: Holder of the Attorney General's Office.
VII. Measures of Protection: The actions taken by the Centre to eliminate or reduce the risks that a person may suffer arising from the action of eventual retaliation on the occasion of their collaboration, or participation in a Criminal Procedure, as well as of people or relatives close to this one.
VIII. Convention of Understanding: A document that subscribes to the Center's Holder and the person to protect in a free and informed manner, where it voluntarily agrees to enter the Program and defines in detail the obligations and actions to be performed by the (a) Centre as well as the obligations and actions to which the person to be protected and the penalties for failure to comply.
IX. Protected Person: Any individual who may be at risk or danger for intervention in a criminal procedure. In addition, persons connected with links of parentage or affections with the witness, victim, offended or public servants, who are at risk or danger due to the activities of those in the process.
X. Contributing Witness: It is the person who has been a member of organised crime to voluntarily agree to provide effective assistance to the investigating authority, giving effect to his testimony or providing other evidence leading to investigate, prosecute, or sentence other members of the criminal organization.
XI. Criminal Procedure: These are the procedural steps that you understand from the beginning of the preliminary investigation to the second instance statement.
XII. Risk: Real and imminent threat that, if updated, exposes the life and physical integrity of the Protected Person, by his intervention in a Criminal Procedure.
XIII. Unit: The Center People Protection Unit.
XIV. Technical Study: It is the analysis developed by a multidisciplinary group of the Center to determine the incorporation or separation of a person into the Program.
ARTICLE 3. The Federal Public Administration's Offices and Entities, in the field of their jurisdiction, are obliged to provide the collaboration required by the Attorney General's Office, through the Center for the Application of the Protection measures provided for in this Law.
The administration and enforcement of the protection measures provided for in the Program are independent of the development of the Criminal Procedure, which will only serve to determine and eliminate risk of the person subject to protection.
Information and documentation related to protected persons will be considered as reserved and confidential, in the terms provided by the Federal Law on Transparency and Access to Public Information Government, with the exception of that of a statistical character which may be provided in the terms of the law referred to, provided that it does not put at risk the safety of persons subject to protection.
Public servants who stop providing their services at the Center, as well as those who were subject to the Protection Measures, are required not to disclose information about the operation of the Program, warning of civil, administrative or criminal consequences, as appropriate for your failure to comply.
The above obligation also includes the public servants involved in the application of this Law.
ARTICLE 4. In order to achieve the objectives of this Law, the Procurator and/or the Director, in terms of their privileges, may conclude agreements, agreements or other legal instruments with natural or moral persons, as well as with federal authorities, governments of the Federal District, the States of the Federation and Municipalities, autonomous public bodies, even constitutional ones, as well as bodies of the social and private sectors and even international ones, which are conducive to grant protection for people.
When hiring or acquiring services with individuals is required, reservation and confidentiality criteria must be applied with respect to the personal, medical or occupational history of the person incorporated into the Program. This is, the providers of such services under no circumstances will be able to have access to the information that will enable the identification of the Protected Person by any means.
Attorney General's Office will be able to conclude agreements with the Attorney General's Office, the Prosecutor General's Office, or its equivalent, from the States and the Federal District, to establish the necessary mechanisms for incorporate the Program into persons who must be subject to protection.
ARTICLE 5. The protection of persons shall be governed by the following principles:
I. Proportionality and Need: The Protective Measures to be agreed under this Law and other applicable provisions shall be in response to the level of risk or danger the person is in and may only be applied in how much they are needed to ensure their security, as well as their personal identity.
II. Secrecia: Public servants and persons subject to protection shall maintain the secrecy of all actions related to the Protection Measures adopted by the Center, as well as the operational aspects of the Program.
III. Voluntary: The person shall express in writing his will to avail himself and receive the protective measures and in his case the benefits that the law in the matter provides, in addition to being obliged to comply with all the provisions laid down in it. You may also request your withdrawal at any time, without prejudice to the cases in which your separation from the Program may be caused by the causes established in this Law and the other regulatory provisions of the Program.
IV. Temporality: The permanence of the person in the Program will be subject to a specific period or to the periodic evaluation performed by the Center, which will determine if the factors or circumstances that motivated the person's access continue. to the Program.
V. Autonomy: The Director shall enjoy the most extensive powers to dictate appropriate measures to ensure the exact application of this Law.
VI. Speed: The Director of the Centre shall, without delay, take decisions concerning the entry of persons into the Programme, where appropriate, the applicable protective measures and the cessation of such measures.
VII. Gratuity: Access to the Protection Measures granted by the Program will not generate any cost for the Protected Person.
FROM THE FEDERAL PEOPLE PROTECTION CENTER
ARTICLE 6. The Center is a Disconcentrated and Specialized Organ of the Attorney General's Office; with technical and operational autonomy in the implementation of the Protection Measures, which will be in charge of a Director, appointed and freely removed. by the President of the Republic, on a proposal from the Procurator.
ARTICLE 7. The Director, in order to comply with this Law, shall have the following powers:
I. Subscribe and issue legal instruments that facilitate the operation and operation of the Program, upon consideration of the Procurator.
II. Receive and analyze a person's requests for incorporation into the Program, by virtue of being at risk or danger for intervention in a Criminal Procedure.
These applications must be submitted by the Holder of the Subprocuratorate or the administrative unit equivalent to those assigned to the Public Ministry responsible for the Criminal Procedure, where the person to protect is involved or has intervened.
III. Order the practice of psychological, clinical and, in general, all those necessary to ensure the suitability of the person's incorporation into the Program, as well as for their permanence.
IV. If appropriate, authorize the addition of the Program to the proposed person.
V. Integrate and propose to the Procurator the budget for the operation of the Program, in coordination with the competent areas of the Attorney General's Office.
VI. Take the record and case of people incorporated into the Program.
VII. Maintain the Protection Measures that are provisionally issued by the Public Ministry or establish those that it deems necessary for its due protection, upon request of the Subprocuratorate Holder or of the equivalent administrative unit to which it belongs, until such time as its incorporation into the Program is determined.
VIII. Dictate the resulting Protection Measures.
IX. Agree with the Attorney General to cease the Protection Measures when the circumstances that motivated them or, in the event of non-compliance, the obligations assumed by the a person through the Convention of Understanding or by updating any of the hypotheses referred to in Articles 27, 29, 33, 34, 36, 37 and other related to this Law.
X. Managing the Office of the Attorney General of the Attorney General's Office on obtaining human, material, technological and financial resources for the correct application of its obligations, once the budget has been authorised for that purpose.
XI. Exercise direct and immediate command over the personnel assigned to you, and
XII. Other than determine other provisions and the Procurator, when they are inherent in their functions.
ARTICLE 8. For compliance with the provisions of this Law, all personnel responsible for the operation of the Program of the tools and equipment necessary for effective performance shall be provided.
In addition, selection procedures will be implemented to ensure the suitability of the staff, as well as their training for the exercise of the position.
The Center staff will have a complementary social security system for their families and dependents.
The Attorney General's Office must guarantee the budgetary, technological and diverse conditions that are necessary for the proper compliance with the provisions of this Law.
ARTICLE 9. The Center must have a multidisciplinary group of public servants, composed of lawyers, doctors, psychologists, social workers and other professionals who are needed, as well as with elements of the Federal Ministerial Police. attached to the Unit.
OF THE UNIT
ARTICLE 10. The implementation of the Protection Measures shall be the responsibility of the Unit itself which will depend on the Director and shall be integrated with Federal Ministerial Police officers, trained and trained for this purpose.
ARTICLE 11. The agents of the Federal Ministerial Police attached to the Unit shall have the following powers:
I. Run the Protection Measures dictated by the Director.
II. Collaborate on the realization of the Technical Study.
III. Perform your activities with respect to human rights.
IV. Save section of the issues that were aware of them in the exercise of their functions, in the terms of the legal instruments that are issued for that purpose. This provision should be observed even after they have ceased to serve as a member of the Federal Ministerial Police.
V. Ensure the protection of the physical and psychological integrity of the person in their care or custody.
VI. Immediately inform the Director of any breach of the Protected Person's obligations.
VII. The others provided by the Director for compliance with this Act.
ARTICLE 12. The Unit will have an area of risk analysis that will support in the elaboration of the Technical Study for the effects of the income and permanence of the Protected Person, which will depend directly from the Center.
OF THE PROGRAM
ARTICLE 13. This Programme shall apply exclusively to cases where persons who are in a situation of risk for their participation in a direct or indirect manner in a criminal procedure are found to be involved in a criminal procedure serious crimes, organised crime or where the provisions of the International Treaties of which the Mexican State is a party expressly provide for the obligation to provide such protection.
In other cases, it will be up to the Public Ministry and its auxiliaries to dictate and implement the protection measures other than those of exclusive application by the Director of the Center, which are aimed at guaranteeing the security of persons who are in a situation of risk, for their participation in any of the stages of the criminal procedure, including those provided for in Articles 17, fractions I, II and V, and 18, Fractions I, points (a) and (b), II, IV, V, VIII, points (a), (b) and (c) and X of the (a) this order, as well as any other relevant or otherwise specified in the applicable legal systems.
ARTICLE 14. The Program will establish at least the requirements for income, termination, protection mechanisms for the person, as well as the support to address their basic personal needs when for their intervention in the Criminal Procedure. requires.
ARTICLE 15. In accordance with Article 2, fractions IX and X, of this Law, may be incorporated into the Program:
d) Contributing Witnesses.
g) Public Ministry, Judges, and members of the Judiciary.
h) Those who have collaborated effectively in the investigation or in the process.
i) Other persons whose relationship is by parentage or close to those mentioned in the previous incissos and by the collaboration or participation of those in the Criminal Procedure creates situations for them imminent threat and risk.
PROTECTION CLASSES AND MEASURES
ARTICLE 16.- The Protection Measures provided for in the Program will be of two types:
I. Assistance, which will be intended to accompany the recipients of the Program. These measures will be carried out through interdisciplinarily organized professionals, according to the problem to be addressed, trying to assure the person that their intervention in the criminal procedure will not mean additional harm or the aggravation of your personal or estate situation.
II. Security, which shall be of primary purpose to provide the necessary security conditions to preserve the life, liberty and/or physical integrity of the subjects in the Article 2, fractions IX and X, of this Law.
Protection Measures may be applied indifferently.
ARTICLE 17. Assistance measures may be:
I. Assistance and/or psychological, medical and/or health treatment on a regular and necessary basis to persons, through the care and public health services, at all times by the safeguarding and protecting them.
II. Free legal assistance and advice to the individual in order to ensure due knowledge of the protection measures and other rights provided for by this Act.
III. Attend the person for paperwork management.
IV. Economic support, for accommodation, transportation, food, communication, health care, moving, job reintegration, paperwork, security systems, housing and other essential expenditure, in or out of the country, while the person is unable to obtain them by his own means. Economic assistance shall remain for the sole necessary time to be determined by the Director, in accordance with the Technical Study to be carried out, as well as to the assessment of the subsistence of the circumstances that led to their support.
V. Implement any other assistance measure that, in accordance with the assessment of the circumstances, is deemed necessary in order to ensure physical and psychological assistance of the person incorporated into the Program.
ARTICLE 18. Security measures, in addition to those provided for in other ordinances, may consist of one of the following:
I. The safeguarding of personal integrity in the following aspects:
III. Mode and mechanisms for the transfer of protected persons to different places, ensuring at all times the protection of the same.
IV. Police Custody, Mobile and/or Home Staff to the Protected Persons, who shall be in charge of the elements of the Unit; except in the cases of urgency provided for in Article 21 of the This Law, in which the Public Ministry may request the support of its auxiliaries in terms of Article 22 of the Organic Law of the Attorney General's Office.
V. Providing the person with temporary accommodation or the economic means for transport, food, communication, health care, moving, reinsertion of work, personal formalities and those who requires to comply with its obligations, security systems, housing conditioning and other indispensable expenses, inside or outside the country, while the Protected Person is unable to obtain them by its own means.
VI. Facilitate relocation, understood as the person's change of address and/or residence, place of work, and study center.
VII. In cases that are justified, upon agreement of the Prosecutor, it may be granted, based on the circumstances of the case, the authorization for the competent authorities to manage a new identity of the Protected Person, giving it the supporting documentation.
VIII. During the process the Public Ministry may request the following procedural steps:
a) The reservation of the identity in the proceedings in which the Protected Person intervenes, making it impossible for the minutes to make express mention to their names, surnames, domicile, place of work, profession or any other data that puts it in evidence in terms of the provisions of the applicable legislation.
b) The use of methods that make it impossible to identify the person's visual or hearing, in the steps in which he or she intervenes. The application of this measure shall not cover the proper defence of the imputed.
c) The use of mechanical or technological procedures that allow the person to participate remotely and remotely.
d) Set as the address of the person in the Center.
e) Other than in the Center's judgment are to ensure the security of the person.
IX. Dealing with persons who are held in pre-trial detention or in execution of a sentence, the following measures shall be taken:
a) Separating them from the general population of the prison, dealing with Collaborating Witnesses, will be assigned to special areas within the Federal Prison System.
b) Transfer to another prison facility with the same or higher security measures, where there is a well-founded risk that their physical integrity is in danger.
c) Other that you consider the Center to ensure the protection of people incorporated into the Program.
The federal prison authorities shall grant all facilities to the Center to ensure the security measures of the inmates who are incorporated into the Program.
When the Contributor is held in a prison administered by a federal entity, the Center with the support of the Federal Public Security Secretariat may subscribe to them. conventions necessary to ensure the protection of the persons or witnesses involved in the Programme.
X. Implement any other security measures that, in accordance with the assessment of the circumstances, are deemed necessary in order to protect the life and/or physical integrity of the person.
In order to guarantee the security of the protected person, all the requirements for the practice of a ministerial and/or judicial diligence in which the person is involved will be requested directly from the Director of the Centre, who shall take the necessary measures to present it to the relevant authority. In the event of any impediment or lack of adequate security conditions to be completed, the knowledge of the authority and, where appropriate, will request an extension for its compliance, which must be granted.
In the case of ministerial proceedings, the applications must be submitted by the Holder of the Subprocuratorate or the administrative unit equivalent to the one assigned to the Public Ministry. responsible for the investigation.
ARTICLE 19.- Protection Measures shall be feasible and proportional to:
I. The vulnerability of the Protected Person.
II. The risk situation.
III. The importance of the case.
IV. The transcendence and appropriateness of the testimony.
V. The person's ability to adapt to Program conditions.
VI. The ability of the risk-generating agent to cash the damage.
VII. Other circumstances that justify the measure.
OF INCORPORATION INTO THE PROGRAM
ARTICLE 20. The application for incorporation into the Program must be made by the Subprocuratorate Holder or administrative unit equivalent to that belonging to the Public Ministry or the judge referred to in this article of the Criminal Procedure. in which the person to be protected is involved, which shall be resolved by the Director of the Centre.
When a person is denied entry to the Program, the application for incorporation may be reassessed whenever new or overlieutenants are alleged.
In the cases that the application comes from the judicial authority in terms of the provisions of the General Law to Prevent and Punish the Crimes in the Matter of Kidnapping, Regulatory of the 21st Fraction, Article 73 of the Political Constitution of the United Mexican States shall be subject to the provisions of Article 23 of this Law.
ARTICLE 21. If the Public Ministry responsible for the Criminal Procedure warns that a person is in a situation of risk or danger for his intervention in the criminal procedure, he may provisionally issue the necessary protective measures and, Sub-procuratorate or equivalent administrative unit to which it belongs, shall immediately forward, by any suitable means, the application for incorporation into the Program to the Director of the Center, in order for the corresponding Technical Study to be initiated.
The judge who is aware of the Criminal Procedure, taking into consideration at least the above mentioned in the preceding paragraph, may order as part of the Protection Measures, which is incorporated into the Program.
Until as long as the Director authorizes the incorporation of a person into the Program, the Protection Measures issued by the Public Ministry may be maintained.
ARTICLE 22. The request to grant Protective Measures must contain as minimum elements that allow the Technical Study to be performed, the following:
a) Full name of the candidate for protection, its address, or location location.
b) Data about the criminal investigation or process in which you intervene.
c) The role that you have in your research or in the process and the importance of your participation.
d) Data that makes it presumed that its physical integrity or that of people close to it is at risk.
e) However, the request does not contain all the information required, does not prevent the Technical Study from being started, and the data necessary for its elaboration can be obtained shortly.
f) Any other that the Public Ministry deems necessary to justify the need for its protection.
ARTICLE 23. The Director must have the Technical Study to enable him to decide on whether or not to incorporate a person into the Program.
In cases where the incorporation of the Program is ordered by a judicial authority in terms of the General Law to Prevent and Punish Crimes in the Field of Kidnapping, Fraction XXI, of Article 73 of the Political Constitution of the United Mexican States, the Center shall carry out the corresponding Technical Study, in order to determine the applicable Protective Measures.
ARTICLE 24.- Received the application for incorporation into the Program, the Director at a reasonable time, in order to determine its origin, will take into consideration the result of the Technical Study, which must contain at least the following aspects:
I. That there is a link between the person's intervention to be protected in the Criminal Procedure and the risk factors in which the person is eligible for protection.
In cases where the participation of the Protected Person in the criminal proceedings has been completed, a study will be carried out to determine whether the risk conditions exist for determining their continuity or termination of the protection measures.
II. That the person gives his consent and provides reliable and reliable information for the conduct of the Technical Study, warning that the falsehood in his or her saying may result in the non-incorporation into the Program.
III. That the person to be protected is not motivated by a different interest than that of collaborating with the prosecution and administration of justice.
IV. That the Protective Measures be the appropriate to ensure the security of the person.
V. The legal obligations that the person has with third parties.
VI. The criminal record you have.
VII. That the person's admission is not a factor that affects the security of the Program, the Center or the Attorney General's Office.
ARTICLE 25. In the application for the incorporation of the person to the Program, the Public Ministry of the knowledge prior to authorization of the Holder of the Subprocuratorate or the administrative unit equivalent to the one belonging, if appropriate, inform the Centre of the importance of the person's intervention in the Criminal Procedure.
ARTICLE 26. Upon completion of the Technical Study, the Director shall take the appropriate decision, which may be reconsidered at the request of the Prosecutor, regardless of the provisions of the second paragraph of Article 20 of this Law, which shall be in the following sense:
a) Incorporate the person into the Program and set the Protection Measures to be applied to it.
b) Do not check in the Program.
OF THE UNDERSTANDING CONVENTION
ARTICLE 27. Each Protected Person who joins the Program shall subscribe to the Agreement of Understanding, jointly with the Director, which shall at least contain:
A) The manifestation of the person, of his admission to the Program on a voluntary basis, with full knowledge, without coercion and that the Measures of Protection to grant will not be understood as payment, compensation or rewards for your intervention in the Criminal Procedure.
B) The person's manifestation of being aware of the temporality of the Protective Measures, which will be maintained while the circumstances that gave rise to it remain.
C) The scope and character of the Protection Measures to be granted by the Center.
D) The faculty of the Center to maintain, modify or delete all or some of the Protective Measures during any stage of the Criminal Procedure when the person's application exists or produce facts or circumstances that warrant it.
E) The obligations of the person, where as the case may be, must:
I. Provide truthful and timely information for the investigation and commit to testimony within the trial.
II. Commit to performing the actions requested by the Center to ensure its integrity and security.
III. The duty of confidentiality of the Program's terms and conditions, even when it comes out of it.
IV. Any other than the Center considers appropriate.
F) Sanctions for violations committed by the person, including the separation of the Program.
G) The conditions that govern the termination of your incorporation into the Program.
The Protected Person will be responsible for the consequences that arise, when for his actions he infringes the rules that the Program imposes on him. Accordingly, it must respect the obligations to which it undertakes to subscribe to the Convention of Understanding.
In case the Protected Person is a minor or incapable, the agreement of understanding must also be signed by the parent or guardian or who exercises the parental authority and/or representation.
In case they are simultaneously incorporated by the same fact or circumstance several persons for the protection, the fact that some of them does not comply with the obligations imposed, will not affect the other people who are related to this one.
OF THE OBLIGATIONS OF PERSONS INCORPORATED INTO THE PROGRAM
ARTICLE 28. The person who joins the Program may not condition his or her stay in the Program to the execution of a certain Protective Measure in his favor.
ARTICLE 29. The obligations to which the person who joins the Program is subject, in addition to the ones expressly provided for in the Convention of Understanding, are the ones below enunciative are indicated:
I. Fully inform you of your background (criminal, property, property, and civil liability, when applying for incorporation into the Program).
II. Refrain from reporting that is embedded in the Program or divulging information about how it works.
III. Cooperate in the proceedings, which are necessary, at the request of the Public Ministry or the criminal judge.
IV. Acatar and maintain appropriate behavior that makes the Center's Center-dictated Protection Measures effective.
V. Successfully use the facilities and other resources that for the development of your own life, the Program makes available to you.
VI. Refrain from taking behaviors that might endanger your security and that of the Program.
VII. Submit to medical treatments, and rehabilitation to take place.
VIII. Maintain communication with the Director, through the Unit agent that has been assigned, except for situations of extreme severity or urgency.
IX. When you are relocated to refrain from contact without authorization, with family members who are not within the Program, or with persons with whom you have sustained relationship prior to your incorporation into the Program.
X. Other measures that are necessary for the Center to be considered necessary and may be expressly mentioned in the Convention of Understanding.
PROGRAM OBLIGATIONS WITH THE PERSON
ARTICLE 30. Public servants who have contact with the Protected Person should refrain from making any offer that does not support or is not authorized by the Director.
ARTICLE 31. These are the Center's obligations:
I. Grant a worthy deal to the person, informing them in a timely and truthful manner of their rights and obligations.
II. Design and implement corresponding actions to address people's security needs.
III. Managing health care providers with comprehensive care for the person.
IV. Assist the Protected Person with legal advice to fulfill those commitments acquired from third parties.
V. When there are family, civil, labor, agricultural, administrative, or other pending processes, in which a Protected Person is a party; the Center's attorneys may assume their legal representation.
VI. Manage to foreign states, with which the agreement is reached, the relocation of the person, for which he will make before the competent authorities or through those, the legal procedures to regularise their migratory situation and leave it in the possibility of obtaining a decent and honest job for the maintenance of him and his family; in the meantime, he will take the appropriate measures for the sending of money for the sustenance of the people incorporated to the Program.
VII. To ensure that the assigned resources are properly used and that the person complies with the commitments made in the Understanding.
ARTICLE 32. The Center shall not be responsible for the obligations acquired by the Protected Person prior to its incorporation into the Program, as well as those that have not been made out of their knowledge for the purpose of ruling on their incorporation into the Program. Likewise, the Center will also not assume as its own the promises that would have made it personal not authorized for it to the Protected Person.
TERMINATION OF PROGRAM PROTECTION AND DEBOARDING MEASURES
ARTICLE 33. The Center may maintain, modify or delete all or some of the Protective Measures during any stage of the Criminal Procedure when the person's application exists or facts or circumstances warrant it.
ARTICLE 34. The granting and maintenance of the Protective Measures is conditional upon the fulfilment of the obligations described in Article 29 of this Law and the obligations laid down in the Convention of Understanding; its non-compliance may result in the revocation of their incorporation into the Programme.
The person may voluntarily waive the Protection Measures or the Program, for which the Center shall make the necessary steps to record that circumstance.
The Center may also terminate the permanence of the Protected Person in the Program, when the circumstances of the risk that originated its incorporation cease to be updated; or that their stay is a factor affecting the security of the Program, the Center or the Attorney General's Office.
The above resolution in any case shall be notified in writing to the Protected Person and in the event that its location is unknown and after a search has not been achieved (a) to give his whereabouts, the record of that circumstance shall be recorded and his corresponding discharge shall be agreed. No appeal shall be admissible against such determination.
ARTICLE 35. The Center, upon completion of the Criminal Process and imposed the sanctions of the case may, whenever it considers that the circumstance of threat or danger is maintained, extend the continuation of the Measures of Protection.
ARTICLE 36. The termination of the granting of the Protection Measures or the revocation of the incorporation into the Program shall be decided by the Director prior to agreement with the Attorney General, on its own initiative, at the request of the Deputy Attorney General an equivalent administrative person who applied for his/her income from the protected person, or when the circumstances that led to the protection were overcome, or for failure to comply with the obligations assumed by the Protected Person.
When the incorporation into the Program would have been carried out by the judicial authority, in terms of the provisions of the General Law to Prevent and Punish the Crimes in Kidnapping, Regulatory of the 21st fraction, of article 73 of the Political Constitution of the United Mexican States, the Director shall request the revocation of the incorporation of the Program to the judge who knows of the criminal procedure, where the provisions of Article 29 of the said Law and the causes of the revocation or termination referred to in the following Article.
ARTICLE 37. Are causes of termination or revocation of incorporation into the Program:
I. The extinction of the assumptions outlined in Article 24 of this Act, at the discretion of the Director.
II. The Protected Person has been driven with a lack of veracity.
III. The Protected Person has executed a malicious offense while remaining in the Program.
IV. The Protected Person does not comply with the corresponding Protection Measures.
V. The Protected Person refuses to declare.
VI. The repeated non-compliance with the obligations assumed in the Convention of Understanding.
VII. The others set forth in this Act.
ARTICLE 38. The State or any of its public servants applying this Law shall not be subject to any civil liability for the sole decision to provide or not to provide protection, provided that the same has been taken in accordance with the provisions of this Law. established in the same, as well as the circumstances that served at the time to make such a determination.
ARTICLE 39. With regard to the incorporation into the Program, of the Collaborating Witnesses, the Director shall consider the opinion of the Holder of the Specialized Unit referred to in Article 8 of the Federal Law against Organized Crime.
ARTICLE 40. The Protection Measures granted to the Collaborating Witnesses shall be governed by the provisions of the General Law to Prevent and Punish Crimes in the Field of Secuestro, Regulatory of the 21st Fraction, of Article 73 of the Constitution. Policy of the United Mexican States; the Federal Law against Organized Crime, this Law and other applicable provisions.
INTERNATIONAL COOPERATION FOR PROTECTION FOR PEOPLE
ARTICLE 41. The Mexican State in order to guarantee the security and protection of persons, will contribute to the efforts of other States in the matter, committing to provide mutual assistance, for the fulfillment of the object of the present Law, in the fields of:
I. Implementation of People Protection Measures, and
II. Application of jurisdictional procedures.
This will be done through the following mechanisms:
a) Mutual Legal Assistance.
b) Mutual Technical Assistance.
c) Experiences exchange meetings.
ARTICLE 42. In the event that the person's appearance is required in any other country, either to render a statement or to facilitate the investigation of crimes in which he is involved or to have knowledge of information relevant to his or her persecution; the respective application shall be complied with in accordance with the provisions of the International Treaties in criminal matters and other applicable rules.
They shall apply the principles of double criminality and reciprocity where there is no International Treaty and shall be observed at all times, the limits of the provisions of their internal legal systems.
In the event that the testimony that the person in another country is going to testify relates to crimes in which he has been involved, the requesting country must grant the guarantee sufficient by diplomatic means. that it will not stop or prosecute the person and will return him to Mexico as soon as he finishes rendering the declaration that he is responsible for, in addition to granting the security measures that are necessary to preserve his security and integrity.
ARTICLE 43. Requests for assistance in the protection of persons shall be requested in compliance with the internal rules and regulations of the requested State and the bilateral and multilateral agreements in the matter.
Requests for assistance in relation to the protection of persons shall be processed through the appropriate conduit designated for that purpose in the International Treaties.
ARTICLE 44. In consideration of the provisions of Article 59 of the Federal Code of Criminal Procedures, the practice of measures to obtain the declaration of a Witness resident in the The foreign ministry will be required to comply with the applicable legal provisions and through the diplomatic or consular representation of the Mexican State in the country concerned, with intervention in the care of the staff of the Attorney General's Office. General of the Republic which for this purpose is designated.
ARTICLE 45. If authorized by the judicial authority and/or in its case by the Holder of the Subprocuratorate or administrative unit equivalent to that of the Public Ministry in charge of the Research, and technical conditions permit, the testimonial declaration in another country of a person who is in Mexico and vice versa, can be done by videoconference.
ARTICLE 46. In the event that a person who is within the Program is free, informed and voluntarily, as well as in the presence of his or her defender, his desire to be transferred to another country to collaborate indefinitely with the law enforcement authorities of that country, will immediately inform those authorities so that, if they accept, it will be managed before the corresponding migratory authorities of both countries the exit of Mexico and the entry to the country in the migratory quality that it determines, as long as its situation In addition, if it is appropriate in accordance with the law applicable in the foreign country and in the light of international principles, as well as the conventions which exist for this purpose, security shall be ensured. appropriate, as long as the person subject to protection so requests.
This shipment will not cause any liability for the Mexican State and the authorities in charge of the Program.
In the event that the recipient country of the requested person intends to process it criminally, it must be established in the Law of International Extradition and in the International Treaties in the material.
ARTICLE 47. The Director through the Attorney General shall submit an annual report to the H. Congress of the Union on the results and operations of the Program. These reports shall be drawn up in such a way as to provide the most detailed statistical relationship possible. However, under no circumstances can data be established that risks the integrity of persons incorporated into the Program.
ARTICLE 48. The Internal Control Body in the Office of the Attorney General and the Higher Audit Office of the Federation may carry out all audit activities to the Program; its staff must be enabled and subscribe to a letter of commitment in which the obligation of confidentiality is established, in respect of the operation of the Programme, even once it has been separated from its employment, position or commission.
OF THE DELITES
ARTICLE 49. To the person who knows information related to the application, execution and persons related to this Program and divulges the same, without the authorization corresponding, a penalty of six to twelve years of imprisonment will be applied.
In case it is a public server that reveals the information, the penalty will be increased up to a third, regardless of other possible crimes you may incur.
Those charged by the commission of this crime, during the criminal proceedings, will be subject to remand.
OF PROGRAM FUNDS
ARTICLE 50. The Program will operate with the resources that will be assigned to the Federation's Government Budget.
FIRST. This Law shall enter into force on the 180 days following its publication in the Official Journal of the Federation.
SECOND. The Office of the Attorney General of the Republic within 180 days following the publication of this Decree shall develop the guidelines, protocols, agreements and other instruments necessary for the proper functioning of the Federal Program of Protection for Persons and the Federal Center for Protection of Persons.
The Attorney General's Office will carry out the necessary administrative actions to comply with the objectives of this Law, according to the budget approved for this purpose in the fiscal year
THIRD. Persons who are under protection from the date of entry into force of this law may be incorporated into the Program, subject to the satisfaction of the requirements set forth in this Law.
FOURTH. All provisions contrary to the purpose of this Law shall be repealed.
Article Second.- Article 31 of the Federal Law on Transparency and Access to Government Public Information is reformed, to remain as follows:
Article 31. The Center for National Security and Research; the National Center for Planning, Analysis and Information for Combating Crime; the Federal Center for Protection of Persons; Directorate for the Coordination of Intelligence of the Federal Preventive Police; the Subprocuratorate of Specialized Investigation in Organized Crime; the Presidential General Staff, the General Staff of the National Defense, and the General Staff of the Armed or, the administrative units that replace them, will not be subject to the authority of the Committees referred to in Article 29, their duties being the sole responsibility of the holder of the administrative unit.
Unique.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
Mexico, D.F., on April 27, 2012.-Sen. José González Morfin, President.-Dip. Guadalupe Acosta Naranjo, President.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Dip. Mariano Quihuis Fragoso, Secretary.-Rubicas."
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States, and for its due publication and observance, I request this Decree in the Residence of the Federal Executive Branch, in Mexico City, Federal District, to June 5, two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrica.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.