"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
ONLY ARTICLE.- The General Victims Law is issued.
VICTIMS GENERAL LAW
APPLICATION, OBJECT, AND INTERPRETATION
Article 1. This general law is of public order, of social interest and observance throughout the national territory, in terms of the provisions of the articles 1o., third paragraph, 17, and 20 of the Political Constitution of the United Mexican States, International Treaties concluded and ratified by the Mexican State, and other victims ' laws.
In the rules that protect victims in the laws issued by Congress, it will always apply the one that favors the person most.
This Law requires, in their respective powers, the authorities of all areas of government, and their constitutional powers, as well as any of their offices, offices, agencies or public or private institutions to ensure the protection of victims, to provide comprehensive assistance, assistance or reparation.
Integral repair includes the measures of restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition, in their individual dimensions, collective, material, moral and symbolic. Each of these measures shall be implemented in favour of the victim taking into account the seriousness and magnitude of the victimised fact or the seriousness and magnitude of the violation of his rights, as well as the circumstances and characteristics of the event. victimizing.
Article 2. The object of this Act is:
I. Recognize and guarantee the rights of victims of crime and human rights violations, in particular the right to assistance, protection, care, truth, justice, comprehensive reparation, due diligence and all other rights enshrined in the Constitution, in the International Human Rights Treaties of which the Mexican State is a Party and other human rights instruments;
II. Establish and coordinate actions and measures necessary to promote, respect, protect, guarantee and enable the effective exercise of the rights of victims; as well as implement mechanisms for all authorities in the field of their respective competencies meet their obligations to prevent, investigate, sanction and achieve comprehensive redress;
III. Ensure effective exercise of victims ' right to justice in strict compliance with due process rules;
IV. Establish the specific duties and obligations of the authorities and of anyone involved in the procedures related to the victims;
V. To establish penalties for non-compliance by action or omission of any of its provisions.
Article 3. This Law shall be interpreted in accordance with the Constitution and with the International Treaties, favouring the broadest protection of the rights of persons.
CONCEPT, PRINCIPLES AND DEFINITIONS
Article 4. Direct victims shall be those natural persons who have suffered any economic, physical, mental, emotional, or general damage or damage any endangering or injury to their legal assets or rights as a result of the commission of a crime or violations of their human rights recognized in the Constitution and in the International Treaties of which the Mexican State is Part.
Indirect victims are the family members or natural persons in charge of the direct victim who have an immediate relationship with her.
Potential victims are natural persons whose physical integrity or rights are at risk for assisting the victim either by preventing or stopping the rape of rights or the commission of a crime.
The quality of the victims is acquired with the accreditation of the damage or impairment of the rights in the terms established in this Law, regardless of whether it is identify, apprehend, or condemn the person responsible for the damage or to have the victim participate in any judicial or administrative proceedings.
Groups, communities or social organizations that have been affected in their rights, interests or collective legal assets are victims as a result of the commission of a crime or violation of rights.
Article 5. The mechanisms, measures and procedures set out in this Law, will be designed, implemented and evaluated using the following principles:
Dignity.- Human dignity is a value, principle and fundamental right and condition of all others. It implies the understanding of the person as the holder and subject of rights and not to be the object of violence or arbitrariness on the part of the State or of the individuals.
By virtue of the human dignity of the victim, all the authorities of the State are obliged at all times to respect their autonomy, to consider it and to treat it as an end of his performance. Equally, all State authorities are obliged to ensure that the existential minimum to which the victim is entitled is not diminished, nor is the essential core of their rights affected.
In any event, any rule, institution or act arising out of this Law shall be interpreted in accordance with the human rights recognized by the Constitution and International Treaties of which the Mexican State is a Party, always applying the most beneficial rule for the person.
Good faith.- The authorities assume the good faith of the victims. Public servants who are involved in the exercise of victims ' rights should not criminalise or take responsibility for their victim status and should provide them with assistance, care and assistance from the moment in time. that it requires, as well as respect and permit the effective exercise of their rights.
Complementarity.- The mechanisms, measures and procedures provided for in this Law, in particular those related to assistance, assistance, protection, and integral reparation to victims must be performed in a harmonious, effective and efficient way, always being understood as complementary and not exclusive.
Both individual, administrative or judicial reparations, such as collective reparations, must be complementary to achieve the integrality sought by the repair.
Debit diligence.- The State shall carry out all necessary actions within a reasonable time to achieve the purpose of this Law, in particular the prevention, assistance, care, assistance, right to truth, justice and comprehensive reparation in order for the victim to be treated and considered as the right holder.
The State must remove obstacles that prevent the actual and effective access of victims to the measures covered by this Law, to carry out priority actions. in order to strengthen their rights, contribute to their recovery as subjects in full exercise of their rights and duties, as well as to permanently assess the impact of actions to be implemented in favour of victims.
differential and specialized approach.- This Law recognizes the existence of population groups with particular characteristics or with greater vulnerability Because of their age, gender, preference or sexual orientation, ethnicity, disability status and others, it is recognized that certain damages require specialized care that responds to the particularities and degree of vulnerability of the victims.
The authorities to apply this Law will offer special guarantees and protection measures to groups exposed to a specific risk in the field of their respective competences. increased risk of violation of their rights, such as girls and boys, young people, women, older adults, persons in the disability situation, migrants, members of indigenous peoples, human rights defenders, journalists and people in situation internal displacement. The best interests of the child shall be recognised at all times.
This principle includes the adoption of measures that respond to the attention of these particularities and the degree of vulnerability, recognizing equally that certain damages Their severity requires specialized treatment to respond to their rehabilitation and reintegration into society.
Transformer approach.- The authorities that are required to apply this Law shall, in the field of their respective competences, carry out the necessary efforts to ensure that the measures of assistance, protection, care, assistance and comprehensive reparation to which victims are entitled contribute to the elimination of the discrimination and marginalisation schemes which could be the cause of the events victimizing.
Gratuity.- All actions, mechanisms, procedures and any other procedures involving the right of access to justice and other recognized rights in This Act shall be free of charge for the victim.
Equality and non-discrimination.- In the exercise of the rights and guarantees of the victims and in all the procedures referred to in this Law, the authorities shall be conducted without distinction, exclusion or restriction, exercised by reason of sex, race, colour, ethnic, social, national, language, religion, political, ideological or any other type, gender, age, preference or sexual orientation, marital status, health conditions, membership of a national minority, a heritage and a disability, or any other which has as its object or effect the prevention or cancellation of the recognition or exercise of rights and the actual equality of opportunity of persons. Any guarantee or special mechanism shall be based on reasons of differential approach.
Integrality, indivisibility and interdependence.- All the rights contemplated in this Law are interrelated. The enjoyment and exercise of these rights cannot be guaranteed without guaranteeing the rest of the rights. Violation of a right will put the exercise of others at risk.
To ensure integrality, assistance, care, assistance and comprehensive reparation to victims will be done in a multidisciplinary and specialized way.
Maximum protection.- All government orders authority should ensure the broadest application of protection measures to dignity, freedom, security and other rights of victims of crime and human rights violations.
The authorities will adopt at all times measures to ensure the safety, security, physical and psychological well-being and privacy of the victims.
Existential minimum.- It constitutes a guarantee founded on human dignity as a budget of the democratic state and consists of the obligation of the State of to provide the victim and his family with a place where appropriate care is given to them to overcome their condition and to ensure their subsistence with due dignity that must be recognised to the people at every moment of their existence.
Not criminalization.- The authorities should not aggravate the victim's suffering or treat her in any case as suspicious or responsible for the commission of the victims. facts to report.
No authority or individual may publicly speculate on the victims ' membership of organized crime or their connection with any criminal activity. Stigmatization, prejudice and subjective considerations should be avoided.
Secondary Victimization.- The particular characteristics and conditions of the victim may not be a reason to deny the victim's quality. The State shall also not require mechanisms or procedures that aggravate its condition or establish requirements that impede and impede the exercise of its rights or expose it to new harm in the conduct of public servants.
Joint Participation.- To overcome the vulnerability of victims, the State will have to implement comprehensive assistance, care, assistance and repair measures with the support and collaboration of civil society and the private sector, including victims ' groups or groups.
The victim has the right to collaborate with investigations and measures to overcome their vulnerability, taking into account the context, as long as the measures do not imply a detriment to their rights.
Progressiveness and not regressivity.- The authorities that must apply this Law will have the obligation to take all necessary actions to ensure the rights recognized therein and shall not be able to recede or subordinate the rights, standards or levels of compliance achieved.
Advertising.- All actions, mechanisms and procedures must be public, provided that this does not violate the human rights of the victims or the guarantees for protection.
The State should implement effective dissemination mechanisms to provide information and guidance to victims about rights, guarantees and resources, as well as actions, mechanisms and procedures with which it counts, which must be addressed to victims and be clearly and publicly publicised.
Accountability.- The law enforcement authorities and officials, as well as the plans and programs that this Law regulates, will be subject to effective accountability and evaluation mechanisms that provide for the participation of civil society, particularly victims and victims ' collectives.
Transparency.- All actions, mechanisms and procedures carried out by the State in the exercise of its obligations to the victims shall be be used in such a way as to ensure access to information, as well as monitoring and control.
The authorities should have effective mechanisms for accountability and evaluation of policies, plans and programs that are implemented to guarantee the rights of victims.
preferential treatment.- All authorities in the field of their competence have an obligation to ensure the dignified and preferential treatment of victims.
Article 6. For the purposes of this Act, it is understood by:
I. Legal Adviser: Federal Legal Counsel for Victim Care and its equivalents in federal entities;
II. Legal Advice: Federal Legal Counsel for Victim Care and its equivalents in federal entities;
III. Victims ' commissions: State Commission and the Federal District of Comprehensive Care for Victims;
IV. Executive Commission: Commission Victim Care Executive;
V. Compensation: Economic recovery to which the victim is entitled in the terms of this Act;
VI. Damage: Death or bodily injury, moral and material damage or damage, except property of the person liable for damages; loss of income directly arising from an economic interest; loss of income directly derived from the use of the environment incurred as a result of a significant deterioration of the environment, taking into account savings and costs; cost of restoration measures, limited to the cost of measures effectively adopted or to be adopted; and cost of preventive measures, including any loss or damage caused by such measures, to the extent that the damage results or results;
VII. Offense: Act or omission that sanctions criminal laws;
VIII. Fund: Comprehensive Relief, Assistance and Repair Fund;
IX. Victimizing fact: Acts or omissions that harm, undermine or endanger the legal goods or rights of a person by making it a victim. These may be classified as a crime or constitute a violation of human rights recognized by the Constitution and the International Treaties of which Mexico is a party;
X. Law: General Victims Law;
XI. Plan: Comprehensive Annual Victim Care Plan;
XII. Program: Comprehensive Care for Victims Program;
XIII. Procedure: Procedures followed by judicial or administrative authorities;
XIV. Registration: National Registry of Victims, which includes federal registration and records of federal entities;
XV. Regulation: Regulation of the General Law of Victims;
XVI. System: National Victim Care System;
XVII. Victim: A natural person who has, directly or indirectly, suffered damage or impairment of his or her rights arising from a violation of human rights or the commission of a crime;
XVIII. Potential victim: Natural persons whose physical integrity or rights are compromised by assisting the victim either by preventing or stopping the violation of rights or the commission of a crime;
XIX. Violation of human rights: Any act or omission affecting human rights recognized in the Constitution or in the International Treaties, when the agent is a public servant in the exercise of his or her functions or duties or a (i) special responsibility for public functions It is also considered a violation of human rights when the action or omission referred to is carried out by a particular instigated or authorized, explicitly or implicitly by a public servant, or when acting with acquiescence or collaboration of a public server.
XX. It is repealed.
XXI. It is repealed.
XXII. It is repealed.
VICTIMS ' RIGHTS
VICTIMS ' RIGHTS GENERALLY
Article 7. The rights of the victims provided for in this Law are of an enunciative nature and must be interpreted in accordance with the provisions of the Constitution, treaties and applicable laws on the care of victims, while favoring the widest protection of their rights.
Victims will have, among others, the following rights:
I. To an early and effective investigation that leads, if any, to identification and prosecution of those responsible for violations of international human rights law, and their comprehensive redress;
II. To be repaired by the State in a comprehensive, appropriate, differentiated manner, (a) transformative and effective for the harm or impairment they have suffered in their rights as a result of human rights violations and for the damages caused to them;
III. To know the truth of what happened about the facts in which you were raped their human rights for which the authority shall report the results of the investigations;
IV. To be provided with protection and to safeguard your life and bodily integrity, in the cases provided for in Article 34 of the Federal Law against Organised Crime;
V. To be treated with humanity and respect for their dignity and human rights for part of the public servants and, in general, by the staff of the public institutions responsible for compliance with this Law, as well as by individuals who have agreements to provide services to victims;
VI. To request and receive assistance, assistance and care in a timely, prompt, and timely manner fair, free and effective by personnel specialized in dealing with the damage suffered from the commission of the victimizing fact, regardless of where it is located, as well as to that aid, assistance and care not of place, in any case, to a new affectation;
VII. To truth, to justice and to comprehensive redress through resources and accessible, appropriate, sufficient, fast and effective procedures;
VIII. To the protection of the State, including physical and psychological well-being and the security of the environment with respect to the dignity and privacy of the victim, regardless of whether a criminal procedure or any other type of procedure is in place. This includes the right to the protection of their privacy against unlawful interference, as well as the right to have effective protection measures when their life or personal integrity or personal freedom are threatened or at risk in reason for their status as a victim and/or the exercise of their rights;
IX. To request and receive clear, accurate and accessible information about the routes and the means of access to the procedures, mechanisms and measures set out in this Law;
X. To request, access and receive, in a clear and precise manner, all information official necessary to achieve the full exercise of each of their rights;
XI. To obtain in a timely, timely and effective manner all documents that require for the exercise of their rights, including identification documents and visas;
XII. To know the status of the judicial and administrative processes in which you have an interest as an intervener;
XIII. To be effectively heard by the respective authority when it is found present in the hearing, due diligence or in any other performance and before the authority is given;
XIV. To be notified of the resolutions relating to the applications for entry to the Registration and comprehensive assistance, assistance and repair measures that are issued;
XV. A that the consulate of your home country is immediately notified as per international standards protecting the right to consular assistance, in the case of foreign victims;
XVI. To family reunification when by reason of the type of victimization its core family has been split;
XVII. To return to their place of origin or to relocate in conditions of voluntariness, security and dignity;
XVIII. To come and participate in institutional dialogue scenarios;
XIX. To be a beneficiary of affirmative actions and public social programs for protect and guarantee their rights;
XX. To participate in the formulation, implementation and monitoring of public policy Prevention, help, care, assistance and comprehensive repair;
XXI. A that public policies that are implemented on the basis of this Law have a transversal gender and differential approach, particularly in the care of children, older adults and indigenous populations;
XXII. A not be discriminated against or limited in their rights;
XXIII. To receive specialized treatment that allows you to be physically rehabilitated and psychological in order to achieve their reintegration into society;
XXIV. To access the available justice mechanisms to determine the liability in the commission of the offence or the violation of human rights;
XXV. To make informed decisions about access to justice or mechanisms alternatives;
XXVI. To an early and effective investigation that leads to identification, capture, Properly processing and sanctioning all those responsible for the damage, the clarification of the facts and the repair of the damage;
XXVII. To participate actively in the search for the truth of the facts and in the mechanisms for access to justice that are at their disposal, in accordance with the procedures laid down in the law of the matter;
XXVIII. To freely express their opinions and interests before the authorities and appropriate instances and to be considered, where appropriate, in decisions affecting their interests;
XXIX. Right to exercise legal remedies against decisions affecting their interests and the exercise of their rights;
XXX. To be granted, in the cases where applicable, interim relief;
XXXI. To receive free assistance from an interpreter or translator of your language, in if they do not understand the Spanish language or have hearing, verbal or visual impairment;
XXXII. To work collectively with other victims to defend their rights, including its reintegration into society;
XXXIII. To participate in collective spaces where individual support is provided or collective to allow you to relate to other victims, and
XXXIV. The others noted by the Constitution, the International Treaties, this Law and any other applicable provisions in the field or special legislation.
OF RIGHTS OF HELP, ASSISTANCE AND CARE
Article 8. Victims will receive temporary, timely and prompt assistance according to immediate needs that are directly related to the victimizing event to meet and ensure the satisfaction of their needs for food, personal grooming, management and management. of supplies, emergency medical and psychological care, emergency transport and transitional accommodation in dignified and safe conditions, from the moment of the commission of the crime or the violation of the rights or at the moment in which the authorities have knowledge of the offence or the violation of rights. Interim relief measures shall be provided by ensuring a cross-sectional gender and differential approach, and for as long as is necessary to ensure that the victim exceeds the conditions of immediate need.
Victims of crimes or violations of rights against freedom and integrity will receive emergency medical and psychological assistance in the terms of This Law.
Public servants should provide clear, accurate and accessible information to victims and their families on each of the guarantees, mechanisms and procedures which allow timely, rapid and effective access to the aid measures referred to in this Law.
The measures of assistance, assistance, attention and other measures provided for in the Second, Third, Fourth and Fifth Titles of this Law will be provided exclusively by the public institutions of the Federal Governments, of the federal institutions and municipalities, through the programs, mechanisms and services with which they have, except in the cases of urgent or extreme need in which institutions can be used private.
Article 9. The victims will be entitled to care and attention, which will be ensured by always including a gender and differential transversal approach.
The integrated set of mechanisms, procedures, programs, measures and resources of political, economic, social, cultural, etc., are understood to be assistance, The government has been responsible for restoring the effective validity of the rights of the victims, providing them with conditions to lead a dignified life and guarantee their incorporation into social, economic and political life. Among these measures, victims will be provided with specialist medical assistance including psychiatric, psychological, trauma and tanatological.
It is understood by attention, the action of giving information, guidance and legal and psychosocial support to the victims, in order to facilitate their access to the rights to truth, to justice and to comprehensive reparation, by qualifying the exercise of them.
Assistance and care measures do not replace or replace comprehensive repair measures, therefore, the cost or expenditures incurred by the State in the provision of care and assistance services, in no case shall be discounted from the compensation to which the victims were entitled.
FROM THE RIGHT OF ACCESS TO JUSTICE
Article 10. Victims have the right to an adequate and effective judicial remedy, before the independent, impartial and competent authorities, who guarantee the exercise of their right to know the truth, to be carried out with due diligence. immediate and thorough investigation of the crime or human rights violations suffered by them; to the perpetrators of the crimes and violations of rights, with due respect for due process, to be prosecuted and punished; and to obtain a comprehensive repair for the damage suffered.
The victims will have access to the justice mechanisms of which the State has available, including judicial and administrative procedures. The legislation in the field which regulates your intervention in the different procedures should facilitate your participation.
OF VICTIMS ' RIGHTS IN CRIMINAL PROCEEDINGS
Article 11To ensure the rights set out in Article 10 of this Law, victims will have access to the mechanisms and procedures provided for in the Constitution, in applicable local and federal laws and in International Treaties.
Article 12. Victims will enjoy the following rights:
I. To be informed in a clear, precise and accessible manner of your rights by the Public Ministry or the first authority with which you have contact or know of the criminal act, as soon as it occurs. The Public Ministry must communicate to the victim the rights recognized by the Political Constitution of the United Mexican States, the International Treaties and this Law in their favor, leaving the investigation folder on record, with complete independence that there is or is not a likely person responsible for the facts;
II. To be dealt the damage in an expeditious, proportional and fair manner in the terms referred to in Article 64 of this Law and the applicable legislation. In cases where the judicial authority gives a conviction, it shall not be able to absolve the person responsible for such reparation. If the victim or his/her Legal Adviser does not seek redress for the damage, the Public Ministry is obliged to do so;
III. To assist with the Public Ministry; to receive all the data or evidence with which they have, both in the investigation and in the process, to be given the necessary measures, and to intervene in the trial. as full parties exercising during the same period their rights which in no case may be less than that of the imputed. They shall also be entitled to be granted all facilities for the filing of complaints or complaints;
IV. To be advised and represented within the research and the process by a Legal Adviser. In cases where they do not want or cannot hire a lawyer, they will be provided by the State, in accordance with the procedure to be determined by this Law and its Rules of Procedure; this will include their right to freely choose their legal representative;
V. To challenge to the judicial authority the omissions of the Public Ministry in the investigation of the crimes, as well as the resolutions of reservation, not exercise, withdrawal of the criminal action or suspension of the procedure, with whether or not the damage has been repaired;
VI. To appear at the stage of the investigation or trial and to take steps to minimize the inconvenience caused, to protect your privacy, identity and other personal data;
VII. To ensure their safety, as well as that of their family members and that of witnesses in their favor against any act of threat, intimidation or retaliation;
VIII. To render or extend their statements without being identified within the hearing, having the obligation of the judge to safeguard their personal data and, if they so request, to do so by electronic means;
IX. To obtain free simple copy and immediately of the steps in which they intervene;
X. To request precautionary or precautionary measures for the safety and protection of victims, offended and witnesses of charge, for the investigation and prosecution of the probable perpetrators of the crime and for the insurance of property for the repair of damage;
XI. To be informed about the conduct of the hearings where the rights are to be resolved and to be present in the hearings;
XII. To be notified of any resolution that may affect their rights and to challenge such resolution, and
XIII. In cases involving serious violations of human rights, to request the intervention of independent experts, in order to collaborate with the competent authorities in the investigation of the facts and the conduct of expert opinions. Civil society organizations or groups of victims may request that groups of such experts review, report and issue recommendations for access to justice and truth for victims.
Article 13. Where the person concerned is brought out of the action of justice, he must no longer appear before the competent judicial authority which is aware of his case on the days which have been indicated for that purpose or to communicate to the court or tribunal. the competent court shall, without delay, give the sum which guarantees the compensation of the damage to the victim, the competent authority of the competent court or the competent authority of the competent court, placing on the record of the final payment of the amount deposited, which is not means that the corresponding damage has been fully repaired.
In cases where the guarantee is made by mortgage or garment, the competent court will forward those assets to the relevant tax authority for its recovery, which shall be delivered without delay to the victim. In the same terms, the guarantor is obliged to pay immediately the repair of the damage, applying for its collection, in any case, the coercive economic procedure that the tax laws point out.
Article 14. The victims have the right to intervene in criminal proceedings and must be recognised as procedural subjects in the criminal proceedings, in the terms of the Constitution and the International Human Rights Treaties, but if they do not comply with it. shall be represented by a Legal Adviser or, if applicable, by the Public Ministry, and shall be personally notified of all acts and resolutions that end the proceedings, of the interposed resources, whether ordinary or extraordinary, as to the amendments to the precautionary measures which have been adopted for the existence of of a risk to your security, life, or physical integrity or modifications to the statement.
Article 15. The victims have the right to be given the scope and significance of the expert examinations which they may undergo depending on the nature of the case, and if they are to be accompanied at all times by their Legal adviser or the person they consider.
Article 16. Any appearance before the investigating body, the judge or tribunal, or any other authority or expert which requires the presence of the victim, shall be deemed to be justified for the purposes of work and school, with the right to enjoy of the total of the emoluments referred to in the Federal Labor Law.
Article 17. Victims will have the right to opt for conflict resolution in accordance with the rules of alternative justice, through institutions such as conciliation and mediation, in order to facilitate the repair of damage and the reconciliation of parts and non-repeating measures.
It will not be possible to take the conciliation or mediation unless it is accredited through the appropriate means, that the victim is in a position to make that decision. The Public Ministry and the procuratorates of the federative entities shall keep a record and an audit of the cases in which the victim has opted for any of the alternative means of solution of conflicts, notifying the authorities in any case (a) the protection of women in order to ensure that the victim had the advice required for the decision to be taken. Public servants will be punished to lead victims to make these decisions without them being aware of the consequences that comes with it.
FROM THE RIGHT TO THE TRUTH
Article 18. The victims and society in general have the right to know the facts of the crime and the human rights violations that were the object, the identity of those responsible, the circumstances that led to their commission, as well as having access to justice on an equal footing.
Article 19. The victims have the right to know the truth and to receive specific information about the violations of rights or crimes that directly affected them, including the circumstances in which the facts occurred and, in the cases of missing persons, absent, not located, missing or deceased, to know their fate or whereabouts or the whereabouts of their remains.
Any victim who has been reported missing is entitled to effective and urgent action by the competent authorities to achieve their location and, where appropriate, their timely rescue.
Article 20. Victims and society have the right to know the historical truth of the facts.
The victims have the right to participate actively in the search for the truth of the facts and in the different mechanisms provided for in the legal orders in the which will be allowed to express their views and concerns when their interests are affected. Victims should freely decide their participation and have sufficient information on the implications of each of these mechanisms.
Article 21. The State, through the respective authorities, has an obligation to initiate, immediately and as soon as its knowledge is made, all the measures at its disposal to determine the whereabouts of the missing persons. Any victim of disappearance has the right to have the authorities deploy the relevant actions for their protection with the aim of preserving, as far as possible, their life and physical and psychological integrity.
This includes instrumentation of search protocols under applicable law and International Treaties for which Mexico is a Party.
This obligation includes the execution of exhumations of cemeteries, clandestine graves or other sites where there are or are reasonable grounds for believe that bodies or bodies of the victims are found. The exhumations must be carried out with due diligence and competence and according to the international norms and protocols on the matter, seeking to always guarantee the correct location, recovery and subsequent identification of the bodies osamentas under internationally recognized scientific standards.
The relatives of the victims have the right to be present in the exhumations, by themselves and/or through their legal advisors; to be informed about the protocols and procedures to be applied; and to appoint independent experts, accredited to the national or international human rights body, to contribute to the best development of these procedures.
Once fully identified and conducted the technical and scientific evidence to which the State is bound and which have been referred to in this Law and the codes of Criminal proceedings, the surrender of the bodies or bodies of victims to their families, must be done in full respect of their dignity and their religious and cultural traditions. The competent authorities, at the request of the family members, shall generate the necessary mechanisms to repatriate the remains of the victims already identified, in accordance with the provisions of this Law.
If necessary, in order to guarantee the investigations, the authority must notify the family of the obligation not to create the remains, until there is a executed statement. The ministerial authorities may also not authorize or process any foreign government request for the cremation of dead bodies, identified or unidentified, until there is no execution sentence.
Regardless of the rights provided for in this Law, the recognition of the legal personality of the victims of disappearance of persons and the procedure for know and resolve the judicial proceedings of a special declaration of absence by disappearance shall be subject to the provisions of the applicable laws, so that the indirect victims may exercise the rights of the property in an expeditious manner; family of the absent to safeguard the essential interests of the family core.
Article 22. To ensure the full exercise of this right of victims, their families and society, the State may generate mechanisms for independent, impartial and competent investigation, which, among others, will comply with the following: objectives:
I. The precise historical clarification of human rights violations, the dignity of victims and the recovery of historical memory;
II. The determination of individual or institutional responsibility for the facts;
III. The debate on official history where victims of such violations can be recognized and heard;
IV. The contribution to overcoming impunity through the recommendation for the formulation of research policies, and
V. The recommendation for repairs, institutional reforms, and other policies necessary to overcome the conditions that facilitated or permitted the rights violations.
For these objectives to be met, consultations should be held that include the participation and opinion of victims, victims ' groups and their families.
The investigation must guarantee the rights of the victims and witnesses, ensuring their presence and voluntary declaration. The confidentiality of victims and witnesses shall be ensured where this is a necessary measure to protect their dignity and integrity and shall take the necessary measures to ensure their safety. Also, in cases of persons who are affected by an indictment, they must provide them with the opportunity to be heard and to confront or refute the evidence offered against them, either in a personal manner, in writing or by means of appointed representatives.
The investigation should follow action protocols with the aim of ensuring that the declarations, conclusions and tests collected can be used in criminal proceedings as evidence with due formalities.
Article 23. Civil society organisations, such as professional associations, non-governmental organisations and academic institutions, will be able to provide the competent authority with the results of their investigations of violations. to human rights, in order to contribute to the search and knowledge of the truth. The authorities shall provide the necessary guarantees to enable this activity to be carried out in a free and independent manner.
Article 24. The authorities are obliged to preserve the files relating to human rights violations as well as to respect and guarantee the right to access them.
The State has a duty to ensure the preservation of these files and to prevent their subtraction, destruction, dissimulation or falsification, as well as to permit their public consultation, particularly in the interests of victims and their families in order to ensure the full exercise of their rights.
When the consultation of the archives continues to favor the historical investigation, the authorization formalities will have for the sole purpose to safeguard the integrity and the the safety of victims and other persons and, in no case, the formalities for authorisation may be applied for the purpose of censorship.
National and international courts, national and international human rights bodies, as well as researchers working on this responsibility, They will be free to consult the files on human rights violations. This access shall be ensured by meeting the relevant requirements to protect private life, including in particular the confidentiality assurances provided to the victims and other witnesses as a precondition for their testimony.
In these cases, the query of the files cannot be denied for national security reasons except that, in exceptional circumstances, the restriction is found has been established in law, the authority has demonstrated that the restriction is necessary in a democratic society to protect a legitimate national security interest and that the refusal is subject to review by the competent authority, to the time it can be subject to independent judicial review.
Article 25. Everyone will have the right to know if their personal data are in the state archives and, in that case, after exercising their right of consultation, to challenge the legitimacy of the information and contents that they make to him exercising the right of right. The authority shall ensure that the amended document after the challenge includes a clear reference to the information and contents of the document whose validity is contested and both shall be delivered together when the first is requested. For cases of deceased persons, this right may be exercised by family members considering the relationship of kinship established by the Federal Civil Code.
FROM THE RIGHT TO COMPREHENSIVE REPAIR
Article 26. The victims have the right to be repaired in a timely, full, differentiated, transformative, comprehensive and effective manner for the harm they have suffered as a result of the crime or victimization that has affected them or the violations of human rights they have suffered, including restitution, rehabilitation, compensation, satisfaction and non-repetition measures.
Article 27. For the purposes of this Law, comprehensive repair shall comprise:
I. The restitution seeks to return the victim to the situation prior to the commission of the crime or to the violation of his human rights;
II. Rehabilitation seeks to make it easier for the victim to cope with the effects suffered by the punishable act or human rights violations;
III. Compensation must be awarded to the victim appropriately and in proportion to the seriousness of the punishable act or the violation of human rights. and taking into account the circumstances of each case. This shall be granted for all the economically measurable damages, suffering and loss resulting from the crime or the violation of human rights;
IV. Satisfaction seeks to recognize and restore the dignity of victims;
V. Non-repetition measures seek that the punishable fact or violation of rights suffered by the victim does not occur again;
VI. For the purposes of this Law, collective redress shall be understood as a right of which the groups, communities or social organizations are entitled. they have been affected by the violation of the individual rights of the members of the collectives, or when the damage has a collective impact. The restitution of the rights affected will be directed to the reconstruction of the social and cultural fabric collective that recognizes the affectation in the institutional capacity to guarantee the enjoyment, the protection and the promotion of the rights in the affected communities, groups and villages.
The collective measures to be implemented will tend to the recognition and dignity of the victimized collective subjects; the reconstruction of the project of life collective, and the social and cultural fabric; the psychosocial recovery of affected populations and groups and the promotion of reconciliation and culture of protection and promotion of human rights in the affected communities and groups.
IMMEDIATE HELP MEASURES
Article 28. The severity of the damage suffered by the victims will be the axis that will determine priority in their care, in the provision of services and in the implementation of actions within the institutions responsible for providing care and treatment.
The services referred to in this Law shall take into account whether the victim belongs to a group under conditions of vulnerability, its characteristics and needs special, particularly for women, minors, older adults and the indigenous population.
Article 29. The public hospital institutions of the Federal Government, the states, the Federal District and the municipalities have an obligation to immediately give emergency attention to the victims who require it, regardless of their status. Socioeconomic capacity or nationality and without requiring prior condition for admission.
Article 30. The medical, dental, surgical and hospital emergency services shall consist of:
II. Surgical medical equipment, including prostheses and other instruments, which the person requires for mobility, in accordance with the opinion given by the physician subject matter specialist;
IV. Medical fees, in case the most accessible health system for the victim does not have the services that she requires immediately;
V. Medical analysis services, laboratories, and diagnostic imaging;
VI. Transport and ambulance;
VII. Mental care services in cases where, as a consequence of the commission of the offence or of the violation of their human rights, the person is severely affected psychologically and/or psychiatric;
VIII. Reconstructive dental services for damages caused as a result of crime or violation of human rights;
IX. Services of voluntary termination of pregnancy in cases permitted by law, with absolute respect for the will of the victim, and
X. Attention to the sexual and reproductive rights of female victims.
If the medical institution to which the victim is present or is sent does not have the same in fractions II and III and its expenses have been covered by the victim or in the case of fraction IV, the Federation, the states, the Federal District or the municipalities, as appropriate, will reimburse them in a complete and immediate manner, in accordance with what they establish applicable regulatory standards.
Article 31. The Federation, the states, the Federal District Government or municipalities where the victimizing event has been committed shall support indirect victims with the funeral costs to be covered by the death of the victim directly when the cause of death is homicide. These costs shall include transport costs, where the death has occurred in a place other than that of its place of origin or where the family members decide to leave their bodies elsewhere. For no reason will the victims be prohibited from seeing the remains of their relatives, if it is their wish to do so. If the families of the victims have to move from the place where they are to another place for the recognition procedures, their expenses must also be covered. Payment of the financial support referred to above shall be managed in accordance with the applicable regulatory standards.
Article 32. The Executive Commission will define and guarantee the creation of a Model of Comprehensive Health Care with a psychosocial approach, education and social assistance, which should include the mechanisms of coordination and coordination between different authorities obliged and institutions of public assistance which, in accordance with the Regulation of this Law, provide the subrogated services to which it refers. This model shall provide for service to persons who are not beneficiaries of a social benefit system or shall be complementary where the necessary specialised services cannot be provided by the system to which it belongs.
Article 33. Federal, state, and Federal District governments, through their agencies, agencies, and public health entities, as well as (a) municipalities with the infrastructure and capacity to provide services, within the framework of their powers, shall be the entities required to grant the carnet identifying the victims to the health system, in order to guarantee the urgent care and assistance for restorative effects.
The process of credentialization will be carried out in a gradual and progressive manner giving priority to the victims of serious damage to health and personal integrity. However, victims who do not have such a carnet and require immediate attention must be addressed as a matter of priority.
Article 34. In the field of medical, psychological, psychiatric and dental care and care, the victim will have all the rights established by the General Health Law for the Users of the Health Services, and will have the following rights Additional:
I. To provide free quality permanent medical and psychological care at any of the federal, state, District and District public hospitals. Federal and municipal, according to their competence, when it comes to injuries, diseases and emotional traumas arising from the crime or the violation of human rights suffered by it. These services will be provided on a permanent basis, when required, and will not be denied, even if the victim has received the aid measures provided for in this Law, which, if determined by the doctor, will continue to be provided until end of treatment;
II. Federal, state, and Federal District governments, through their agencies, agencies, and public health entities, as well as those municipalities that have the infrastructure and the capacity to provide services, within the framework of their powers, to provide medical appointments within a period of no more than eight days, to the victims who so request, unless they are cases of emergency care; in health, in which case the attention will be immediate;
III. Once the general or specialized medical assessment is performed, as the case may be, and the corresponding delivery of the medical formula, delivery will be made the immediate treatment of the medicinal products to which the victim is entitled and will be channelled to the specialists necessary for the comprehensive treatment, if this is the case;
IV. A surgical medical material, including prostheses and other instruments or apparatus that may be required for mobility, shall be provided in accordance with the opinion given by the medical specialist in the field as well as the medical analysis services, diagnostic laboratories and images and the reconstructive dental services required by the damage caused as a result of the punishable act or the violation to its human rights;
V. You will be given permanent mental health care in cases where, as a consequence of the victimizing fact, you are severely affected by psychological and/or Psychiatric, and
VI. Permanent maternal and child care when it is the case including nutrition programs.
Article 35. A victim of sexual violation, or any other conduct affecting his or her physical or psychological integrity, shall be guaranteed access to emergency contraception and voluntary termination of pregnancy in permitted cases. by the law, with absolute respect to the will of the victim; likewise, it will be carried out periodic practice of examinations and specialized treatment, for the time necessary for its total recovery and according to the diagnosis and medical treatment recommended; in particular, it shall be considered a priority for the treatment of monitoring for possible infections of sexually transmitted diseases and the Human Immunodeficiency Virus.
In each of the public entities that provide services, assistance and care to the victims, trained personnel will be available in the treatment of violence. sexual with a cross-sectional gender approach.
Article 36. The federal, state and Federal District governments, through their agencies, agencies and public health agencies, as well as those municipalities that have the infrastructure and capacity to provide services, will define the procedures to guarantee free of charge the services of preoperative, post-operative, surgical, hospital and dental care to which there would be a medical concept and assessment, which would allow for the treatment of injuries temporary and permanent and other affections of physical health and psychological that have a direct causal relationship to the behaviors.
Article 37. If the medical institution to which the victim comes or is sent does not comply with the provisions of the previous articles and their expenses have been covered by the victim, the competent authority of the appropriate governing order, will reimburse in a complete and expeditious manner, having such authorities, the right to repeat against those responsible. The applicable regulatory standards shall establish the procedure necessary to request the reimbursement referred to in this Article.
ENCLOSURE AND POWER SUPPLIES
Article 38. The National System for the Integral Development of the Family (DIF) or its analogue, similar or correlative in the federal entities and municipalities, and the institutions that depend on the shelter and shelter that exist and provide these services in the federal, state, Federal or municipal district, will contract services or directly provide accommodation and food in conditions of safety and dignity to victims who are in special condition of vulnerability or that they are threatened or displaced from their place of residence for cause the crime committed against them or the violation of their human rights. The accommodation and food shall be provided for as long as is necessary to ensure that the victim exceeds the emergency conditions and can return freely in safe and dignified conditions to his or her home.
Article 39. Where the victim is in a place other than that of his place of residence and wishes to return to the place, the competent authorities of the various government orders shall pay the corresponding expenses, guaranteeing, in all cases, that the Means of transport used by the victim for his return is the safest and the one that causes him the least trauma according to his conditions.
Article 40. When the victim is threatened in his/her personal integrity or life or there are reasonable grounds for thinking that these rights are in The authorities of the Federal, State, Federal District or municipal authorities, in accordance with their powers and capacities, shall immediately take the measures necessary to ensure that they are not necessary to prevent the victim from suffering any injury or damage.
Victim protection measures should be implemented based on the following principles:
I. Principle of Protection: Considers the protection of people's lives, physical integrity, freedom, and security;
II. Principle of necessity and proportionality: Protective measures must respond to the level of risk or danger the target person is in, and they must be applied as soon as they are necessary to ensure their safety or reduce existing risks;
III. Principle of confidentiality: All information and administrative or judicial activity related to the protection of persons must be reserved for the purposes of the investigation or the respective process, and
IV. Principle of Opportunity and Effectiveness: Measures should be timely, targeted, appropriate and efficient for the protection of the victim and should be granted and implemented from the moment and for as long as they guarantee their objective.
They will be sanctioned administrative, civil, or criminally, in accordance with applicable laws, federal, state, Federal District, or federal public servants. (a) to ensure that the safety of victims is put at risk, whether through intimidation, retaliation, direct threats, negligence or where there is sufficient evidence to show that the victims could be affected again for the collusion of these authorities with the officials of the a crime or a third party that threatens or damages the physical or moral integrity of a victim.
Article 41. The measures taken must be in line with the threat they are trying to conjure and must take into account the special vulnerability of victims, as well as respect, in all cases, their dignity.
LEGAL ADVICE MEASURES
Article 42. Federal, state, Federal District, and municipal authorities will immediately provide victims with complete and clear information and advice on judicial, administrative or other judicial, administrative, and judicial resources and procedures. which they have the right for the best defence of their interests and satisfaction of their needs, as well as the set of rights of those who are the holders of their victim status. The Executive Committee shall ensure the provisions of this Article through the Federal Legal Counsel or the federal entities in the terms of the corresponding title.
Article 43. The information and advice should be provided free of charge and by professionals who are aware of the rights of the victims, guaranteeing them always a respectful treatment of their dignity and the effective access to the full and peaceful exercise of all your rights.
ATTENDANCE AND CARE MEASURES
Article 44. The Executive Committee as responsible for the creation and management of the National Register of Victims referred to in Title 7 of this Law will ensure that victims ' access to the Register is effectively, quickly and effectively differential in order to allow them to enjoy the assistance and care measures provided for in this Law.
The national public security system will collect and concentrate statistical information on victims assisted by the executive commissions of the federal entities, by means of assistance, assistance or reparation, and by type of crime or violation of rights that will motivate it. The information shall be public in nature and shall not include any personal data.
Article 45. According to the guidelines developed by the Executive Committee, the secretariats, agencies, agencies and entities of the federal order and the federal entities of the health sector, education, social development and the other obliged, as well as those municipalities which have the infrastructure and the capacity to provide services, within the framework of their powers and legal basis for action, must take into account the main effects and consequences of the event; victimizing, always respecting the general principles laid down in this Law and in particular the differential approach for women; children and adolescents; people with disabilities; older adults and indigenous people.
Article 46. All measures of assistance, care, protection or services granted by the federal public institutions, states, the Federal District and the municipalities to the victims for any event shall be free of charge and shall receive a fair treatment irrespective of its partner-economic capacity and without requiring prior condition for its admission to such capacity as those laid down in this Law.
Article 47. The policies and actions set out in this Chapter aim to ensure the access of victims to education and to promote their permanence in the education system if, as a consequence of the crime or the violation of human rights, interrupt the studies, for which measures will be taken to overcome this condition caused by the victimizing fact. Education should have a transversal gender and differential approach, social inclusion and with a perspective of rights. It will seek to guarantee the exemption for victims of all kinds of academic costs in public institutions of pre-school, primary, secondary and upper secondary education.
Article 48. The institutions of the national education system will impart education in a way that allows the victim to quickly join the society and, in its opportunity, develop a productive activity.
Article 49. All educational authorities in the field of their competencies will grant special support to schools which, for the particular condition of assistance and care for victims, face the greatest possibility of arrears or desertions. promote the actions necessary to compensate for the educational problems arising from such a condition.
Article 50. The State through its decentralised bodies and individuals with authorization or with recognition of official validity of studies, is obliged to provide educational services for free, any victim or his/her children Under the age of 18, under the age of 18, under the age of 18, the age of the child is equal to the age of the child. These services will be provided in the framework of federalism and concurrency provided for in the Political Constitution of the United Mexican States and in accordance with the distribution of the educational social function established in the Law of Education applicable.
Article 51. The victim or his or her family members shall have the right to receive full study grants in public institutions, at least up to the higher average education for themselves or the dependents who require them.
Article 52. The federal, state and federal governments, through their secretariats, agencies, entities and education agencies, as well as those municipalities that have the infrastructure and capacity to provide services, in the The framework of their competences should provide children and adolescents with victims of the respective school packages and uniforms to ensure the dignified conditions and their permanence in the educational system.
Article 53. The victim or his minor children must have access to free textbooks and other complementary educational materials that the Public Education Secretariat provides.
Article 54. The federal, state and Federal District governments, through their secretariats, agencies, institutions, and higher education institutions, within the framework of their autonomy, will establish the support for victims participate in the selection, admission and registration processes that allow them to access the academic programs offered by these institutions, for which they will include measures of exemption from the payment of registration form and rights of grade.
ECONOMIC AND DEVELOPMENT MEASURES
Article 55. Within the social development policy of the State in its various orders, it will have the obligation to ensure that every victim receives the benefits of social development according to their needs, particularly in order to attend to the victims who have suffered serious damage as a result of the victimisation.
Article 56. They are rights for social development, education, health, food, housing, the enjoyment of a healthy environment, work and social security and those relating to non-discrimination in the terms of the Political Constitution. of the United Mexican States and International Human Rights Treaties.
Article 57. The Federation, the states, the Federal District Government and the municipalities in their respective areas, will formulate and implement policies and assistance programs, which include opportunities for productive development and income for the benefit of the victims by allocating the necessary budget resources and setting quantifiable targets for this.
Article 58. The competent authorities of the various governing bodies are required to provide the necessary information for such programs, their rules of access, operation, resources and coverage, without any reason to exclude from such programs. programs to victims.
Article 59. The victims will be subject to what is determined by the respective tax laws.
ATTENTION AND ASSISTANCE MEASURES IN THE FIELD OF PROCUREMENT AND ADMINISTRATION OF JUSTICE
Article 60. The measures of care and assistance in the field of procurement and administration of justice shall be permanent and comprise at least:
I. Assistance to the victim during any administrative procedure related to her victim status;
II. Assistance to the victim in criminal proceedings during the investigation stage;
III. Assistance to the victim during the trial;
IV. Assistance to the victim during the post-trial stage.
These measures will be provided to the victim regardless of the legal representation and advice given to the victim by the Legal Counsel.
COMPREHENSIVE REPAIR MEASURES
Article 61. The victims shall be entitled to restitution in their respective rights, as well as their property and property if they have been stripped of them.
The backout measures comprise, as appropriate:
I. Freedom set, in case of abduction or enforced disappearance;
II. Reset of legal rights;
III. Resestablishing the identity;
IV. Restablishment of family life and unit;
V. Resestablishing citizenship and political rights;
VI. Dignified and secure return to the place of residence;
VII. Reintegration into employment, and
VIII. Return of all property or property values that have been seized or recovered by the authorities including their fruits and accessories, and if not possible, the payment of its updated value. In the case of consumables, the judge may order the delivery of an object equal to that which was the subject of a crime without the need for an expert trial.
In cases where a competent judicial authority revokes a conviction, the records of the respective criminal records shall be removed.
Article 62. The rehabilitation measures include, inter alia and as appropriate, the following:
I. Specialized medical, psychological and psychiatric care;
II. Legal services and advice to facilitate the exercise of the rights of victims and to ensure their full and peaceful enjoyment;
III. Social services aimed at ensuring the full restoration of the rights of the victim as a person and citizen;
IV. Education programs geared to the training and training of victims in order to ensure their full reintegration into society and the realization of your life project;
V. Work training programs aimed at achieving the full reintegration of the victim into society and the realization of their life project, and
VI. All measures aimed at reintegrating the victim into society, including their group, or community.
Article 63. When rehabilitation measures are granted, a special treatment will be given to victims ' children and children and to the children of the victims and older adults who are dependent on them.
Article 64. The compensation shall be granted for all the damages, suffering and losses economically assessable which are the result of the commission of the offences referred to in Article 68 of this order or of the violation of rights human rights, including judicial error, in accordance with the provisions of this Law and its Rules of Procedure. Such damage, suffering and loss shall include, inter alia, at least:
I. The repair of the damage suffered in the physical integrity of the victim;
II. The repair of the moral damage suffered by the victim or persons entitled to the integral repair, understanding for this, those harmful effects of the facts of the case that are not economic or patrimonial in nature and cannot be assessed in monetary terms. The moral damage includes both the sufferings and the afflictions caused to the direct and indirect victims, as well as the impairment of very significant values for the people and any disturbance that is not susceptible to pecuniary measurement;
III. The compensation of loss or loss of profit, including the payment of the corresponding wages or perceptions, when due to injury inability to work at work, art or profession;
IV. The loss of opportunities, in particular education and social benefits;
V. The property damage generated as a result of crimes or human rights violations;
VI. The payment of legal expenses and expenses of the Legal Counsel when it is private;
VII. The payment of medical or therapeutic treatments that, as a consequence of the crime or of the violation of human rights, are necessary for the recovery of the victim's physical and mental health, and
VIII. The verifiable expenses of transportation, accommodation, communication, or food that causes you to move to the place of judgment or to attend your treatment, whether the victim resides in a municipality or a delegation other than that of the prosecution or where the victim receives the attention.
The applicable regulatory rules will establish the procedure and the amount of minimum comprobable expense that must not be greater than twenty-five percent of the amount total.
Subsidiary compensation to victims of the offences referred to in Article 68 of this Law shall consist of economic support the amount of which shall be taken into account by the proportionality of the damage and the amounts referred to in Article 67 of this order.
Article 65. All victims of human rights violations shall be compensated, in the terms and amounts determined by the resolution to be issued in their case:
a) A national court;
b) An international court or tribunal recognized by the International Treaties ratified by Mexico;
c) A public human rights protection body;
d) An international human rights protection body recognized by the International Treaties ratified by Mexico, when its resolution is not which may be subject to the consideration of an international court provided for in the same treaty in which the body concerned is established.
This is without prejudice to the civil, criminal, and administrative responsibilities that the same facts may imply and in accordance with the provisions of this Law.
In cases of crime victims, the maximum amounts provided for in Article 67 shall be subject to the provisions.
Article 66. In the case of court decisions determining compensation to the victim in charge of the sentenced person, the judicial authority shall order the repair of the assets of the latter, or failing that, from the resources which, where appropriate, are obtained from the liquidation of the assets seized from the sentenced person.
Only in the event that the above assumptions are not updated, the provisions of Article 67 of this Law will be in place.
Article 67. The plenary of the corresponding Executive Committee shall determine the amount of the payment of a compensation in a subsidiary form from the respective fund in terms of this Law or applicable local law, as well as of the relevant regulatory standards, taking into account:
a) The determination of the Public Ministry when the person responsible has been removed from justice, has died or disappeared or is made to be a criterion of opportunity;
b) The firm resolution issued by the judicial authority;
The determination of the corresponding Executive Committee shall be made within 90 days from the date of issue of the corresponding resolution.
The amount of subsidiary compensation to which the State may be forced, in its federal or local areas, will be up to five hundred times the minimum monthly salary in the Federal District, has to be proportional to the severity of the damage suffered and will not be able to involve enrichment for the victim.
Article 68. The Federation and the Federative Entities shall compensate in a subsidiary manner for the damage caused to the victim of the offences considered to be serious in the field of their jurisdiction in cases where the victim has suffered damage or damage to his or her freedom, or if the victim has died or suffered an incapacitating impairment in his/her physical and/or mental integrity as a result of the offence.
Article 69. The corresponding Executive Committee shall order the subsidiary compensation when the victim, who has not been repaired, exhibits before it all the elements within its scope which demonstrate and present to the Commission its pleadings. The victim may present among others:
I. The constances of the agent of the public ministry which is responsible for the fact that the circumstances in fact make it impossible to record the alleged criminal before the judicial authority and therefore render the exercise of criminal action impossible;
II. The final judgment of the competent judicial authority, in which the concepts to be repaired are pointed out, and the repair obtained from where the concepts that the sentenced did not have the ability to repair;
III. The resolution issued by competent authority or public body for the protection of human rights from which it is detached that it has not obtained the repair of the damage, of the person directly responsible for satisfying such repair.
Article 70. The subsidiary compensation for victims of crime will be covered by the Fund in terms of this Law and its Rules of Procedure.
Article 71. The Federation shall have the right to require that the sentenced person return to the Fund the resources made available for the purpose of the subsidiary compensation awarded to the victim for the crime committed by the victim.
Article 72. The obtaining of the subsidiary compensation does not extinguish the victim's right to demand reparation of any other nature.
Article 73. Satisfaction measures include, among others, and as appropriate:
I. The verification of the facts and the full and public disclosure of the truth, to the extent that such disclosure does not cause further damage or threaten security and the interests of the victim, his family members, witnesses or persons who have intervened to help the victim or to prevent new crimes or new human rights violations from occurring;
II. The search for the missing persons and the bodies or osamentas of the people killed, as well as the help to retrieve them, identify them and return to to inplace them according to the explicit or presumed desire of the victim or the cultural practices of their family and community;
III. An official declaration or court decision that restores the dignity, reputation and rights of the victim and the persons closely linked to she;
IV. A public apology from the State, the authors and others involved in the punishable act or the violation of rights, including the recognition of the facts and acceptance of responsibilities;
V. The application of judicial or administrative penalties to those responsible for human rights violations, and
VI. The realization of acts commemorating the honor, dignity and humanity of the victims, both alive and dead.
Article 74. The measures of non-repetition are those that are adopted in order to prevent victims from becoming subject to violations of their rights and to contribute to prevent or prevent the repetition of acts of the same nature. These will consist of the following:
I. The exercise of effective control by the civil authorities of the armed and security forces;
II. The guarantee that all criminal and administrative procedures will be in line with national and international competition rules, independence and impartiality of the judicial authorities and due process guarantees;
III. Strengthening the independence of the Judiciary;
IV. The limitation of participation in the government and political institutions of the political leaders who have planned, instigated, ordered or committed. serious violations of human rights;
V. Exclusion from participation in government or military security forces, intelligence agents and other declared security personnel responsible for planning, instigating, ordering or committing serious human rights violations;
VI. The protection of legal, health and information professionals;
VII. The protection of human rights defenders;
VIII. Education, as a matter of priority and permanent, of all sectors of society with respect to human rights and training in this field officials charged with enforcing the law, as well as the armed and security forces;
IX. The promotion of compliance with codes of conduct and ethical standards, in particular those defined in international human rights and human rights standards. protection of human rights, by public officials including personnel of the armed and security forces, penitentiary establishments, the media, medical, psychological and social services personnel, in addition of the business staff;
X. The promotion of mechanisms to prevent, monitor and resolve social conflicts by peaceful means, and
XI. The review and reform of laws, regulations, or legal systems that contribute to the manifest violations of international human rights standards or allow them.
Article 75. They are understood as measures that seek to ensure the non-repetition of crimes and violations of human rights, the following:
I. Authority monitoring;
II. Prohibition of going to a particular place or obligation to reside in it, in the event of imminent danger to the victim;
III. Caution not to offend;
IV. Assistance to human rights training courses, and
V. Care for treatment of dishabituation or detox dictated by a judge and only in case the addiction had been the cause of the crime or victimizing fact.
Article 76. It is understood by the supervision of the authority, consisting in the observation and orientation of the sentenced, exercised by specialized personnel, with the purpose of contributing to the protection of the victim and the community.
This measure will be established when the deprivation of liberty is replaced by another sanction, the custodial sentence is reduced or the suspension is granted. conditional of the penalty.
Article 77. The judge in the judgment will require a guarantee not to offend that it will be effective if the defendant violates the provisions of the previous article, or in some way reincites in the acts of annoyance to the victim. This guarantee must not be lower than that of the applicable fine and may be granted in any of the forms authorized by law.
Article 78. When the subject has been sentenced for crimes or human rights violations committed under the influence or due to the abuse of alcoholic, narcotic, psychotropic or similar substances, regardless of the appropriate penalty, Only if the judge orders it, courses and treatments will be applied to avoid their recidivism and to encourage their dishabituation or detoxification.
NATIONAL VICTIM CARE SYSTEM
CREATION AND OBJECT
Article 79. The National Victim Care System will be the superior body of public policy coordination and formulation and will aim to propose, establish and monitor the guidelines, services, plans, programs, projects, actions institutional and interinstitutional, and other public policies to be implemented for the protection, assistance, assistance, care, access to justice, truth and comprehensive reparation to victims in the local, federal and municipal.
The National Victim Care System is made up of all federal, state, federal and state institutions and public entities. (a) municipal, autonomous, and other public or private organizations, responsible for the protection, assistance, assistance, care, defense of human rights, access to justice, the truth and the integral reparation of victims, refers to Chapter II of this Title.
The System aims to coordinate instruments, policies, services and actions between existing institutions and bodies and those created by this Law. for the protection of the rights of victims.
For the operation of the System and the fulfillment of its powers, the System will have a Federal Executive Commission for Victims and Executive Commissions of State and Federal District victims, who will meet and resolve the issues of their jurisdiction, in accordance with applicable provisions.
The Executive Commissions for State and Federal District Victims have an obligation to care for victims of common immunity or rape crimes. to rights committed by public servants of the state or municipal order. Victims may go directly to the Federal Executive Committee for the Care of Victims when they have not received a response within the following 30 calendar days, when the attention has been given in poor form or when they are has denied.
Article 80. The Federal Government, the States, the Federal District Government and the municipalities, in the field of their respective competences, as well as the social and private sectors, must coordinate in order to establish the mechanisms of organization, supervision, evaluation and control of services in the field of protection, assistance, assistance and care, access to justice, truth and comprehensive reparation to victims, provided for in this Law.
Article 81. For the fulfillment of its object, the System will have the following attributions:
I. Promote coordination and collaboration among institutions, federal, state, federal and municipal government agencies, self-employed bodies in charge of protection, assistance, assistance, care, defence of human rights, access to justice, truth and comprehensive reparation for victims;
II. Formulating proposals for the elaboration of the Comprehensive Care Program to Victims and other programmatic instruments related to protection, assistance, assistance, care, advocacy for human rights, access to justice, truth and comprehensive reparation for victims;
III. Analyze and evaluate the results of the evaluations to be performed to the Executive Committee for the Care of Victims and its equivalent in the entities federativas and the Federal District;
IV. Develop proposals for victim care reform;
V. Integrate the committees that are necessary for the performance of their functions;
VI. Set uniform criteria for the regulation of selection, admission, training, permanence, training, professionalization, evaluation, recognition, certification and registration of staff of victim care institutions in accordance with the provisions of this Law and other applicable provisions;
VII. Promote a monitoring and monitoring strategy that seeks professional development and joint specialization of the members of the institutions care for victims;
VIII. Promote that the applicable laws provide for an agile, effective and uniform procedure for the imposition of administrative sanctions on personnel institutions for the attention of victims, for non-compliance with the duties provided for in this Law and for other institutions to be established in the corresponding orders;
IX. Drive community involvement in victim care activities;
X. Set criteria for cooperation and coordination for medical, psychological and legal care for victims of crime, as well as for the management of social work with respect to the same;
XI. Encourage the culture of respect for victims and their rights;
XII. Formulate coordination strategies on combating corruption and victim care;
XIII. Propose international cooperation programs in the field of care for victims;
XIV. Set guidelines for the deahogo of victim care procedures;
XV. Exorder your organization and operation rules;
XVI. Promote uniformity of legal criteria, and
XVII. The others granted to you by this Law and other applicable provisions.
INTEGRATION OF THE NATIONAL VICTIM CARE SYSTEM
Article 82. The National Victim Care System shall be composed of the institutions, entities, agencies and other participants, listed here, including, where appropriate, the institutions approved in the state and municipal areas:
I. Executive Power:
a) The President of the Republic, who will preside over it;
b) The President of the Justice Committee of the National Governors Conference, and
c) The Interior Secretary.
II. Legislative Power:
a) The President of the Chamber of Deputies ' Justice Committee;
b) The Chairman of the Senate Committee on Justice, and
c) A member of the legislative branch of the states and the Legislative Assembly of the Federal District.
a) The President of the Federal Judicature Council.
IV. Public Bodies:
a) The President of the National Human Rights Commission, and
b) A representative of public human rights organizations in the states and the Federal District.
V. The Executive Committee on Victim Care and a representative of local executive commissions.
Article 83. The members of the System shall meet in plenary or in commissions which shall be established in accordance with the provisions of the Rules of Procedure of this Law.
The plenary will meet at least once every six months at the invitation of its president, who will integrate the agenda of the issues to be dealt with and in an extraordinary manner, each that an urgent situation so requires. Members are required to appear at the sessions.
The quorum for the meetings of the System will be made up of half of its members. The agreements shall be made by the majority of the members present with the right to vote.
It will be up to the President of the System to promote the effective coordination and operation of the System at all times. The members of the Committee may make proposals for agreements to enable the system to function more effectively.
The President of the System will be replaced in his absences by the Secretary of the Interior. Members of the System must attend personally.
They will have the character of guests to the sessions of the System or the commissions provided for in this Law, the institutions or private or social organizations, the collectives or groups of victims or other national or foreign institutions, which, by agreement of the plenary of the Executive Committee, are required to participate in the relevant session.
The Regulation will set the corresponding invitation mechanism. Guests will attend the meetings with a voice but no vote.
OF THE OPERATIONAL STRUCTURE OF THE NATIONAL VICTIM CARE SYSTEM
Article 84. The Executive Commission for the Attention of Victims is the operative organ of the National System of Victims ' Care, it will have legal personality, its own patrimony and will enjoy technical autonomy and management. The President of the Federal Executive shall issue the Regulation of this Law, which shall establish the powers and functions of the Executive Committee.
In the execution of the functions, actions, plans and programs provided for in this Law, the Executive Commission will guarantee the representation and direct participation of the victims and civil society organizations, promoting their intervention in the construction of public policies, as well as the exercise of surveillance, supervision and evaluation of the institutions belonging to the System with the objective of ensure a transparent exercise of their powers.
From the Executive Committee depends on the Fund, the Federal Legal Counsel and the National Registry of Victims.
In order to guarantee the effective access of victims to the rights, guarantees, mechanisms, procedures and services established by this Law, the Federal Government will count with a Fund, a legal advisory and a register of victims, which will operate through the corresponding instances, for the attention to victims in the terms laid out by this Law.
The federal entities and the Federal District will have legal advice and a casualty record in the terms of this Law and what the legislation provides for. applicable.
Article 85. The Executive Commission will be composed of seven commissioners. The Federal Executive will send to the Senate, upon public notice, three proposals for each commissioner to be elected. The Senate shall elect by the vote of two-thirds of those present.
Once the call is closed, the list of proposals received must be published.
To ensure that victims, specialists and experts working in the care of victims are represented in the Executive Committee, they will be formed in the following terms of the proposals submitted to the Federal Executive:
I. Four commissioned specialists in law, psychology, human rights, sociology or equivalent specialties with experience in the field of this Law, proposed by public universities;
II. Three commissioners representing victims ' collectives, proposed by non-governmental organizations, registered with the Secretariat of Relations External, with activity accredited to victims of at least five years, or by public human rights bodies.
[passage omitted] The Senate will make up a Plural Commission composed of the presidents of the Justice and Government Commissions, which will be constituted. in the Commission responsible for leading the selection process and who will receive the proposals of commissioners.
In its formation, the Executive and the Senate will guarantee the representation of the various geographic regions of the country, as well as the various specializations on Victimizing facts.
Article 86. To be commissioned it requires:
I. Being a Mexican citizen;
II. Not having been convicted by the commission of a criminal offence or disabled as a public servant;
III. Having performed prominently in professional, public service, civil society or academic activities related to the subject of this Law, and
IV. Not having held public office nor having held a national or state leadership position in any political party, within two years prior to his designation.
In the election of the commissioners, respect for the principles that framework this Law, especially those of a gender-based and transversal approach, must be guaranteed. differential.
commissioners will be in office for five years and will be renewed in a staggered manner every two years until the end of their term of office, without the possibility of reelection. During the same period they may not have any other employment, position or commission, except in teaching, scientific or charitable institutions.
Article 87. The Executive Commission will be chaired by a Commissioner who will last for two years, renewable for one occasion and will be elected by the commissioners.
Article 88. The Executive Committee shall have the following functions and powers:
I. Run and follow up on agreements and resolutions adopted by the System;
II. Ensuring access to multidisciplinary and specialized services that the State will provide to victims of crime or for violation of their rights human, to achieve their reintegration into social life;
III. Develop annually the Project of Integral Care to Victims with the object of creating, reorienting, directing, planning, coordinating, executing and Monitor public policy on victim care, and propose it for approval to the System;
IV. Propose to the System a comprehensive national policy and public policies for the prevention of crimes and violations of human rights, as well as attention, assistance, protection, access to justice, truth and comprehensive reparation to victims or offended in accordance with the principles set out in this Law;
V. Instrumentation the mechanisms, measures, actions, enhancements, and other policies agreed by the System;
VI. Propose to the System a mechanism for monitoring and evaluating the obligations under this Law;
VII. Propose to the System the measures provided for in this Law for the immediate protection of victims when their life or integrity is at risk;
VIII. Coordinate the competent institutions for the attention of a specific problem, in accordance with the principles laid down in this Law, as well as the coordination, concurrency and subsidiarity;
IX. Ensuring the participation of victims in actions aimed at ensuring compliance with the obligations arising from judgments International human rights law, as in those actions to ensure compliance with the recommendations of international human rights bodies not jurisdictional;
X. Establish mechanisms for training, training, updating, and specialization of public or institution-dependent officials with the provisions of this Law;
XI. Perform the necessary actions for the proper operation of the National Registry of Victims, which includes the Federal Register, and the Federal Legal Counsel Victim Care;
XII. Set the guidelines for feeding information to the National Registry of Victims. The Executive Commission will dictate the guidelines for the transmission of information from institutions that are part of the System, including federal authorities, taking care of the confidentiality of information, but allowing a monitoring and reviewing cases that will require it;
XIII. To report annually to the System, on the progress of the Program and other obligations under this Law;
XIV. Manage and monitor the proper exercise of the Fund and issue relevant recommendations to ensure its optimal and effective operation, based on the principles of advertising, transparency and accountability;
XV. Request the appropriate disciplinary measures and penalties to be applied to the competent body;
XVI. Annually elaborate the compensatory amounts tabulations in the terms of this Law and its Regulations;
XVII. Make recommendations to the System, which should give timely response to those;
XVIII. Name the Fund, Federal Legal Counsel, and the Registry;
XIX. Issue opinion on the draft Regulation of this Law and its reforms and additions;
XX. Formulating proposals for a comprehensive national policy for the prevention of human rights violations, care, assistance, protection, access to justice, truth and integral reparation to victims in accordance with the principles set out in this Law;
XXI. Propose mandatory measures, guidelines, or guidelines that facilitate dignified, comprehensive and effective conditions for care and assistance victims, who allow their recovery and restoration to achieve the full exercise of their right to justice, truth and comprehensive redress;
XXII. Promote the interagency coordination of the agencies, institutions and bodies that make up the System as well as the committees of the entities Federal District and Federal District, taking care of the due representation of all its members and especially of the areas, institutions, groups of victims or organizations that are required for the treatment of a specific problem, according to with the principles laid down in this Law and those of coordination, concurrence, subsidiarity, complementarity and delegation;
XXIII. Establish measures that contribute to ensuring the comprehensive, effective and effective repair of victims who have suffered damage as a result of the commission of a crime or of the violation of its human rights;
XXIV. Propose to the System the guidelines or guidelines that facilitate the effective access of victims to truth and justice;
XXV. Issue the guidelines for the timely and effective channelling of the human, technical, administrative and economic resources needed for the compliance with the actions, plans, projects and programs of care, assistance, access to justice, the truth and comprehensive reparation of the victims in the federal, state, Federal and municipal districts;
XXVI. Create a platform to integrate, develop and consolidate information about victims at the national level in order to guide policies, programs, plans and other actions in favor of victims for the prevention of crime and violations of human rights, care, assistance, access to truth, justice and comprehensive reparation in order to carry out monitoring, monitoring and assessment of compliance with policies, actions and responsibilities set out in this Act. The Executive Commission will dictate the guidelines for the transmission of information from the institutions that are part of the System, taking care of the confidentiality of the information, but allowing that there can be a follow-up and review of the cases. they will require it;
XXVII. Adopt actions required to ensure victims ' income to the Registry;
XXVIII. To assist in the elaboration of the general protocols of action for the prevention, attention and investigation of crimes or violations of human rights.
The authorities of the different government orders should adapt their manuals, guidelines, programs and other actions to the requirements of these protocols, and adapt them to the local situation as long as they contain the minimum of procedures and guarantees that general protocols establish for victims;
XXIX. In cases of serious human rights violations or serious crimes committed against a group of victims, propose to the System comprehensive programs emerging from help, care, assistance, protection, access to justice, truth and comprehensive redress;
XXX. Create and coordinate special care committees for victims of crimes or human rights violations that require prevention, attention and research with an integral perspective such as in cases of disappearance of persons, loss, absence or non-location of persons, trafficking in persons, human trafficking and kidnapping, in order that in addition to actions, proposals, plans or programs that are derived for a specific group of victims, be saved an integrality with regard to the treatment of victims and comprehensive repair, with their authorised budget;
XXXI. Perform national diagnostics to assess the concrete problems faced by victims in terms of crime prevention or violations of human rights, care, assistance, access to justice, right to truth and comprehensive reparation for harm;
XXXII. Generate specific diagnostics on the needs of federal entities and municipalities in terms of training, human resources, and materials are required to ensure a minimum standard of care for victims when they require assistance, support, assistance or access to justice, truth and comprehensive reparation in such a way as to be available and effective. These diagnoses will serve as a basis for the channeling or distribution of resources and services that correspond to the National System of Care for Victims;
XXXIII. Provide support to civil society organizations that engage in assistance, care and assistance in favor of victims, prioritizing those who are find in places where the conditions of access to aid, assistance, care and comprehensive repair are difficult due to the precarious conditions of development and marginalization;
XXXIV. Implement control mechanisms, with the participation of civil society, that allow the monitoring and evaluation of actions, programs, plans and policies public on the subject of victims. The supervision shall be permanent and the specific committees or bodies established in this respect shall issue recommendations to be answered by the institutions concerned;
XXXV. Receive and evaluate reports rendered by the Fund holder, Federal Legal Counsel, as well as the Program and issue relevant recommendations in order to ensure optimal and effective functioning, following the principles of advertising and transparency, and
XXXVI. The others that are derived from this Act.
Article 89. The Executive Committee may conclude coordination, collaboration and consultation agreements with federal entities and institutions as well as state and Federal District entities and institutions, including agencies. autonomous human rights protection that is necessary for the fulfilment of the purposes of the System.
Article 90. In cases of serious human rights violations or crimes committed against a group of victims, non-governmental organizations, executive and legislative powers of the federal entities, the Congress of the Union, the municipalities, or any other public or private institution that has between its ends the defense of human rights may propose the establishment of emerging programs of aid, care, assistance, protection, access to justice, access to the truth and integral reparation of the victims.
These programs may also be created by the Executive Committee on the proposal of one of its members when the analysis of the information with which it is determine that special attention is required for a particular situation or groups of victims.
Article 91. National diagnoses to be developed by the Executive Committee should be situational and focused on specific situations that are faced in certain territory or faced by certain groups of victims such as children, indigenous people, migrants, women, persons with disabilities, crimes such as family violence, sexual violence, kidnapping, homicide or certain human rights violations such as enforced disappearance, arbitrary execution, torture, cruel treatment, inhuman or degrading, arbitrary detention, among others.
Diagnostics will serve as a basis for creating special programs, reorganizing or redirecting actions, public policies or laws that according to their nature and competence are performed by the System's members, as well as to channel or distribute the necessary resources.
The Executive Committee will also be able to count on the advice of expert groups on specific topics, request opinions from national or international organizations. public human rights, public or private national or private organizations or organizations with extensive experience in a certain problem related to care, assistance, justice; truth and integral reparation to victims. The resources allocated for this purpose must be public, monitored and easily accessible to civil society.
addition to technical and scientific expertise, the contribution of victims ' groups and grassroots organizations should be sought at all times. with victims.
Article 92. The Executive Committee shall meet at least once a week and in an extraordinary session, each time the urgent situation so requires. The members are obliged to attend the sessions. If a commissioner did not attend ordinary sessions on more than three consecutive occasions for a year in an unjustified manner he will be removed from office.
The determinations of the Executive Committee shall be taken by the majority of those present.
Article 93. In order to achieve a specialization, comprehensive and coordinated attention on issues that need to be addressed throughout the country, the Executive Committee will have the following committees, whose powers will be determined in the Rules of Procedure of this Law:
I. Family Violence Committee;
II. Sexual Violence Committee;
III. Human trafficking and trafficking committee;
IV.-- Missing, missing, or missing persons committee;
V. Committee of Persons Victims of Homicide;
VI. Committee on torture, cruel, inhuman or degrading treatment;
VII. Arbitrary stop committee;
VIII. Interdisciplinary Committee Evaluator, and
IX. Committee on Economic, Social, Cultural and Environmental Rights.
Committees may also be established by group of victims such as children, older adults, women, indigenous people, migrants, persons with disabilities, other.
Article 94. The executive commissions for victims of each federal entity will also have their special committees to focus on the needs and comprehensive public policies that respond to local reality.
These committees will generate accurate situational diagnoses that will allow them to evaluate laws, public policies or state actions that prevent effective access by the victims to care, assistance, protection, justice, truth or comprehensive reparation. They will also evaluate prevention policies on the concrete situation that is evaluated from a citizen and human security vision.
The authorities are obliged to provide all the information required by these committees for the assessment and preparation of the diagnoses, taking care of the information private character of the victims.
Article 95. The President Commissioner will have the following powers:
I. Manage, legally represent, and direct compliance with the Executive Commission's privileges;
II. Call, direct, coordinate and follow up on the sessions held by the Executive Committee;
III. Create the guidelines, mechanisms, instruments and indicators for monitoring and monitoring the functions of the Executive Committee;
IV. Notify members of the System of the agreements they have entered into and follow up through the sessions that are held;
V. Coordinate the functions of the National Registry of Victims, including the federal registry, by creating guidelines, mechanisms, instruments, and indicators to implement and monitor the proper functioning of that record;
VI. To be accountable to the Chamber of Deputies when required, on the duties entrusted to the Executive Committee, to the National Registry of Victims and to the Background;
VII. Coordinate actions for compliance with the functions of the Executive Commission;
VIII. Ensure the registration of victims who come directly to the Executive Commission to request their registration in the National Register of Victims, as well as the services of assistance, assistance, care, access to justice, access to the truth and comprehensive reparation that request through the competent authorities, following up to the final stage to ensure the effective implementation of the functions of the institutions;
IX. Propose to the plenary of the Executive Commission the collaboration agreements or the hiring of experts that is required for the performance of its functions;
X.-Perform annual operational programs and annual budget requirements that correspond to the Executive Commission;
XI. Apply any measures that are necessary to ensure that the functions of the Executive Committee are performed in an appropriate, efficient, timely, and expeditious manner. articulated;
XII. Collect information that can improve the management and performance of the Executive Commission, and
XIII. Other required for effective compliance with the functions of the Executive Committee.
NATIONAL CASUALTY REGISTER
Article 96. The National Registry of Victims, is the administrative and technical mechanism that supports the entire process of entry and registration of victims of crime and human rights violations to the System, created in this Law.
The National Register of Victims is a fundamental support to ensure that victims have timely and effective access to relief, assistance, and assistance measures. attention, access to justice and comprehensive reparation provided for in this Law.
The National Victim Registry shall be an administrative unit of the Executive Committee and shall have a holder appointed by the Executive Committee's plenary session.
The Registry is the administrative unit responsible for bringing and safeguarding the register of victims, at the national level, and to register the data of the victims of crime and crime. human rights violations of the federal order.
The states and the Federal District will have their own records. The Federation, the states and the Federal District will be obliged to exchange, systematize, analyze and update information that is generated daily in the field of crime victims and human rights violations. integration of the Register. The integration of the federal registry shall be the responsibility of the Executive Committee.
The President of the Executive Committee will dictate the necessary measures for the integration and preservation of the information administered and systematized in the Register National of Victims, including that contained in the federal registry.
Members of the System will be required to share information on victims in their databases with the National Registry of Victims.
Article 97. The National Registry of Victims shall be composed of the following sources:
I. Applications for entry made directly by victims of crime and human rights violations, through their legal representative or some family or trusted person to the Executive Committee or to their equivalents in the federal entities, as appropriate;
II. Applications for admission by any of the authorities and individuals referred to in Article 99 of this Law, as responsible for entering the name of victims of the crime or human rights violation of the system, and
III. The records of existing victims at the time of the entry into force of this Law that are in any institution or entity in the scope federal, state, federal or municipal district, as well as public human rights commissions in cases where recommendations have been made, precautionary measures or conciliation agreements have been concluded.
The entities and institutions that generate and use information about the victims and who currently own records of victims, will make available to the Registry National of Victims the information they generate and manage, in accordance with the laws that regulate the handling of personal data, for which the respective agreements of confidentiality for the use of the information.
In cases where documentary support exists for records that recognize the quality of the victim, digital copy must be given to the National Registry of Victims. Where such media does not exist, the entities referred to in this Article shall certify that fact.
Such entities will be responsible for the content of the information they transmit to the National Registry of Victims.
Article 98. The applications for admission will be made in a totally free way, before the Executive Commission and its state or Federal District, as appropriate according to the competition. Applications stemming from federal crimes or violations involving federal authorities will be submitted to the Executive Commission who will take the federal registry.
Mexicans domiciled abroad will be able to present the incorporation of data to the National Registry of Victims at the Embassy or Consulate of the country where they are located. find. In countries where there is no representation of the Mexican State, they will be able to go to the nearest country that has diplomatic headquarters.
The information accompanying the incorporation of data into the register will be entered in the single declaration format designed by the Executive Committee and its use will be mandatory by the authorities responsible for ensuring the entry into the law, in accordance with the provisions of the Law. The single format for incorporation into the register should be accessible to all persons and for simplified use and seek to collect the information necessary to enable the victim to fully access all his rights, including those recognised in the register. This Act.
The application for registration of the victim does not automatically imply entry to the Registry. In order to access the comprehensive care, assistance and repair measures provided for in this Law, the revenue must be made, and the corresponding authority must be assessed in compliance with the provisions of Chapter III of this Law. Title.
The entry to the Registry may be requested and processed in a personal and direct manner by the victim, or through a representative who, in addition to complying with the provisions applicable, is duly registered in the register of representatives to be established by the Executive Committee or those corresponding to the federative entities, in accordance with the provisions of the relevant regulatory provisions.
Article 99. For the competent authorities of the Federation, the federative entities or other entities that are empowered by this Law, to proceed to the registration of the victim's data in the Register shall be at least the following information:
I. The identification data for each of the victims requesting their income or on whose behalf the income is requested. In case the victim for security reasons requests that his personal data are not public, the confidentiality of his data must be ensured. In case it is counted, an official identification must be displayed;
II. Where applicable, the full name, title, and signature of the public server of the entity that received the data entry request to the Registry and the stamp of the dependency;
III. The signature and fingerprint of the person requesting the registration; in cases where the person manifests or does not know how to sign, the person will be taken as valid. fingerprint;
IV. The circumstances of previous mode, time, and place, during and after the occurrence of the victimizing facts;
V. The official who collects the declaration will settle it in a textual, complete and detailed manner in the terms that are issued;
VI. The contact data of the person requesting the record, and
VII. The information of the parentage or affective relationship with the victim of the person requesting the registration, when it is not the victim who does it. In case the entry is requested by a public servant, the name, position and dependency or institution to which it belongs must be detailed.
In the event of missing information, the Executive Commission will ask the entity that initially processed the data entry, to supplement this information within the deadline. maximum of 10 working days. The foregoing does not, in any sense, affect the guarantee of the rights of the victims who directly applied to the National Registry or on whose behalf the entry was requested.
Article 100. It will be the responsibility of the entities and institutions that receive applications for admission to the National Registry of Victims:
I. Ensuring that persons applying for admission to the National Register of Victims are treated in a manner that is both preferential and dignified respectful;
II. For records entered in the Register directly, correctly, in full and in a readable form, the single format of statement designed by the Executive Committee;
III. Dispose of the technological and administrative means necessary for the taking of the declaration, according to the parameters that the Executive Committee determine;
IV. Rissue the original of the statements taken directly, the following business day to the taking of the statement to the place that the Executive Committee, State or Federal District according to the competition;
V. Orienting the person who requests income on the processing and effects of diligence;
VI. Collect the necessary information about the circumstances of time, mode, and place that generated the victimizing fact, as well as its socioeconomic characterization, for the purpose of providing accurate information to facilitate their assessment, in accordance with the principle of joint participation enshrined in this Law;
VII. Indagar the reasons why the registration request was not previously carried out;
VIII. Verify the minimum readability requirements in the documents provided by the declarant and relate the number of pages that are attached to the declaration;
IX. Ensure confidentiality, reservation and security of information and refrain from making use of the information contained in the application for registration or process of prosecution to obtain benefits for itself or for third parties, or for any use other than that provided for in this Law, and those relating to the Protection of Personal Data;
X. Deliver a copy or receipt or record of your registration request to the victims or those who have made the request, and
XI. Meet other obligations to be determined by the Executive Committee.
Under no circumstances shall the authority refuse to receive the application for registration of the victims referred to in this Law.
Article 101. The application must be submitted to the Registry, and the information collected in the single format shall be assessed together with the documentation accompanying the application.
To better provide, the Executive Commission and the victims ' commissions, may request the information they deem necessary to any of the law enforcement authorities. federal, local and municipal, which will be in the duty to supply it within a period not exceeding ten working days.
If there is a reasonable doubt about the occurrence of the facts, the victim will be heard or the person who has applied for the registration, who will be able to attend the commission respective. In the event of proven facts or public nature, the principle of good faith referred to in this Law shall apply.
The performance of the valuation process referred to in the preceding paragraphs does not, under any circumstances, suspend the emergency aid measures to which the is entitled to the victim, as set out in the Third Title of this Law.
Not requiring assessment of statement facts when:
I. There is a conviction or resolution by the competent judicial or administrative authority;
II. There is a determination of the National Human Rights Commission or the state commissions in this matter to account for those facts, including recommendations, reconciliations or precautionary measures;
III. The victim has been recognized as such by the Public Ministry, by a judicial authority, or by a public human rights body, even if no judgment or resolution has been given;
IV. When the victim has a report that recognizes such a character issued by an international human rights protection mechanism to which Mexico recognizes competition, and
V. When the authority responsible for the violation of human rights recognizes such a character.
Article 102. The victim will also have the right to know all the actions taken during the registration process. When a third party requests entry, it must be notified in writing if it has been accepted or not.
Article 103. The registration in the National Register of Victims may be cancelled when, after the assessment referred to in Article 101 has been made, including having heard the victim or who has applied for the registration, the Executive Committee or their equivalents in the federative entities find that the application for registration is contrary to the truth regarding the victimizing facts in such a way that it is possible to colegir that the person is not a victim. Denial will be made in relation to each of the facts and cannot be done in a global or general manner.
The decision that cancels the entry in the Register must be founded and motivated. The victim, his legal representative, the person duly authorised by the victim to be notified, or the person who has applied for the registration must be notified personally and in writing so that the victim may, if he wishes, review of the decision before the Executive Committee to be clarified, amended, added or revoked in accordance with the procedure laid down in the Rules of Procedure of this Law.
The notification will be made directly. In the case of no other means more effective in making the personal notification, the victim shall be sent a summons to the address, to the fax number or to the e-mail appearing in the single declaration format or in the other systems of information in order to make it comparable to the personal notification diligence. The submission of the summons shall be made within five days of the adoption of the non-inclusion decision and the notification due shall be recorded in the file.
Article 104. The information systematized in the National Register of Victims will include:
I. The account of the victimizing fact, as recorded in the single declaration format. The initial report will be updated to the extent that progress is made in the respective criminal investigation or through other mechanisms of clarification of the facts;
II. The description of the damage suffered;
III. The location identification and the date on which the victimizing event occurred;
IV. The identification of the victim or victims of the victimizing fact;
V. The identification of the person or entity that requested the victim's registration, when it is not her who directly requests it;
VI. The detailed identification and description of the aid and care measures that have effectively been guaranteed to the victim;
VII. The detailed identification and description of the repair measures that, if any, have been granted to the victim, and
VIII. The detailed identification and description of the protective measures that, if any, have been provided to the victim.
Information on the National Victim Registry must ensure that the differential approach is respected.
Article 105. The Executive Committee shall draw up a plan for the disclosure, training and updating of the procedure for the receipt of the declaration and its processing up to the decision of inclusion or not in the National Registry of Victims. The entities in charge of receiving and processing the registration of data in the Registry shall ensure the implementation of this plan in the respective federal, state and municipal orders.
VICTIM ' S ENTRY TO RECORD
Article 106. The entry of the victim to the Register shall be made by the complaint, complaint, or news of facts which may be made by the victim himself, the authority, the public body for the protection of human rights or a third party who has knowledge of the facts.
Article 107. Any authority that has contact with the victim shall be obliged to receive its declaration, which shall consist of a narrative of the facts with the details and elements of evidence which it offers, which shall be recorded in the unique format of statement. The Public Ministry, public defenders, victims ' legal advisors and human rights commissions shall not refuse to receive such a declaration.
Where the above authorities are not accessible, available or refused to receive the declaration, the victim may go to any other federal authority, state or municipal to make their declaration, which will have the obligation to receive it, among which, in an enunciative and non-limiting form, the following are indicated:
I. Embassies and consulates of Mexico abroad;
II. Health and education institutions, whether public or private;
III. Women's Institutes;
V. Public Defender, and
VI. Municipal receiver.
Article 108. Once the complaint, complaint, or news of facts has been received, they must be brought to the attention of the most immediate authority in a term that will not exceed twenty-four hours.
In the case of persons who are in the custody of the State, the authorities who are in charge of the institutions will be obliged to receive the declaration. social rehabilitation.
When a public servant, especially those who have an obligation to take the victim's complaint without being a ministerial or judicial authority, has knowledge of a Human rights violations, such as: torture, cruel, inhuman or degrading treatment, arbitrary detention, enforced disappearance, arbitrary execution, sexual violence, must be immediately reported.
Article 109. Any authority, as well as individuals who are aware of a crime or human rights violation, will have the obligation to enter the victim's name to the Registry, thereby contributing the elements it has.
When the victim is over 12 years old, you can apply for registration by yourself or through your representatives.
In cases of victims under the age of 12, you may apply for admission through your legal representative or through the authorities mentioned in the article. 99.
Article 110. The recognition of the quality of the victim, for the purposes of this Law, is carried out by the determinations of any of the following authorities:
I. The criminal judge, by executing statement;
II. The criminal or peace judge who has knowledge of the cause;
III. The judge in matters of protection, civil or family who has the elements to prove that the subject is a victim;
IV. The international human rights protection courts to which Mexico recognizes competition, and
V. The Executive Committee that may take into consideration the determinations of:
a) The Public Ministry;
b) The authority responsible for violation of human rights that recognizes such a character;
c) Public human rights protection bodies, or
d) International human rights protection agencies to which Mexico recognizes competition.
The recognition of the quality of the victim will have the effect that the victim can access the resources of the Fund and the integral repair in accordance with the provisions in this Law and in the Regulation.
Article 111. The recognition of victim quality will have the effect of:
I. Access to rights, warranties, actions, mechanisms and procedures, in the terms of this Act and the regulatory provisions, and
II. In the case of serious injuries, crimes against psychosexual freedom, family violence, human trafficking, kidnapping, torture, cruel, inhuman or demeaning, disappearance, deprivation of liberty and all those who prevent the victim by the nature of the damage adequately attend to the defence of his rights; whereas the judge of the cause or the authority responsible for the procedure shall, immediately, suspend all administrative and stop trials and procedures the periods of limitation and expiry, and all the effects resulting from them, as long as their condition is not exceeded, provided that the victim's inability to properly exercise his rights in such trials is justified and procedures.
By recognizing the quality of the victim, the victim may access the resources of the Fund and the integral repair, in accordance with the provisions of this Law and the Regulation. The procedure and the elements to be accredited shall be determined in the relevant Regulation.
Article 112. The National Victim Care System will guarantee the services of assistance, care, assistance, access to justice, the truth and the comprehensive reparation of foreigners who have been victims of crime or violations of human rights. human rights in Mexico, signing the relevant collaboration agreements with the competent authorities of the country where the victim returns and with support from Mexican consulates in Mexico.
OF COMPETENCIES DISTRIBUTION
Article 113. The various government orders shall contribute to the fulfilment of the objectives of this Law in accordance with the powers provided for in this legislation and other applicable legal instruments.
OF THE FEDERATION
Article 114. Corresponds to the Federal Government:
I. Ensuring the full exercise of victims ' rights;
II. Formulate and conduct comprehensive national policy to recognize and guarantee the rights of victims;
III. Ensure in the field of their competence, compliance with this Law and applicable international instruments;
IV. Elaborate, coordinate and implement the Program referred to in the Law, assisting with the other authorities responsible for implementing this order. legal;
V. Ensure the dissemination and promotion of the rights of indigenous victims based on the recognition of the nation's multicultural composition;
VI. Perform through the National Human Rights Commission and with the support of the state and Federal District Commissions, and local authorities, information campaigns, with an emphasis on the doctrine of the integral protection of victims ' human rights, in the knowledge of laws and measures and the programs that protect them, as well as the legal resources that assist them;
VII. To promote the formation and updating of inter-institutional coordination agreements between the different government agencies, so that they can be used as a channel to achieve comprehensive victims ' attention to facilitate the action of the Executive Committee;
VIII. Celebrate cooperation, coordination, and concertation agreements in the field;
IX. Coassist with public or private institutions dedicated to victim care;
X. Ensure that the rights of victims and the protection of victims are taken care of by all authorities, in the field of their respective competencies;
XI. Evaluate and consider the effectiveness of the actions of the Program, based on measurable results;
XII. Develop all necessary mechanisms for compliance with this Law, and
XIII. The others who trust this Act or other applicable ordinances.
Article 115. The Federal Government is responsible for interinstitutional coordination:
I. Instrumentation necessary measures to prevent victims ' rights violations;
II. Design comprehensive policy with a gender-based cross-cutting approach to promote the culture of respect for victims ' human rights;
III. Develop the Program in coordination with the System;
IV. Coordinate and follow up the actions of the various government orders regarding comprehensive repair, non-repetition, assistance and assistance victims;
V. Coordinate and follow up the work of promoting and defending the human rights of the victims, which carry out the dependencies and entities of the Federal Public Administration;
VI. Establish, use, monitor, and maintain all instruments and actions aimed at improving the System and the Program;
VII. Run and follow up the actions of the Program, in order to evaluate their effectiveness and redesign actions and measures that require it;
VIII. Watch and promote guidelines for the media to strengthen dignity and respect for victims;
IX. Act under the law to the media that does not comply with the provisions of the previous fraction;
X. Make a national diagnosis and other periodic follow-up studies on victims in all areas, providing objective information for the development of government policies in the field of prevention, care, assistance and protection of victims;
XI. Spread through various means, the results of the System and the Program referred to in this Law;
XII. Celebrate cooperation, coordination, and concertation agreements on the subject, and
XIII. The others intended for compliance with this Act.
Article 116. The public authorities, competent in matters of public security, social development, integral development of the family, health, education and external relations, of each of the orders of government, within its field of competence, must:
I. To organize, develop, direct and adapt the necessary measures, through plans, programs, action lines, cooperation and coordination agreements, between others, to ensure the rights of victims of crime or of violation of their human rights;
II. Carry out the necessary actions to empower your staff to ensure access to the specialized services you provide to them. victims, thereby achieving the full exercise of their rights and ensuring their reintegration into everyday life;
III. Canalize victims to institutions that provide them with assistance, care, and specialized protection;
IV. Generate, take, perform and implement actions that are necessary, in coordination with other authorities, to achieve the objectives and respect unrestricted of the rights set out in this Law;
V. Implement programs for the prevention and eradication of violence, especially against girls, children, young people, women, indigenous people, older adults, inside and outside the family breast;
VI. Participate, execute, and actively follow the actions of the appropriate Program, in order to design new models of prevention and care for victims, in collaboration with the other authorities responsible for the implementation of this Law;
VII. Define and promote within each institution political institutions that promote the unrestricted respect of human rights, based on principles established in this Law, in order to promote the culture of human rights and respect for the dignity of persons;
VIII. To report to the competent authority, when it has knowledge of human rights violations, and in the case of nationals who are in the The information mechanisms must be established so that they know where to go if they are in the quality of the victims;
IX. Support the authorities responsible for conducting the investigation of the crime or human rights violations, providing the required information by the same, and
X. The others intended for compliance with this Act, the respective regulatory standards and the Program.
In the field of education, the competent authorities shall establish a permanent grant programme for the direct and indirect victims of the case. the levels of primary, secondary, preparatory or university education in public institutions, in order to enable them to continue their studies. These supports will continue until the end of their higher education.
In cases where the victim is pursuing their studies in a private institution, support will be provided until the completion of the ongoing school cycle.
In the field of external relations, promote, promote and secure in the outside the coordination of actions in the field of international cooperation of the agencies and entities of the Federal Public Administration, which guarantee the protection of the rights of victims, as well as intervene in the conclusion of international treaties, agreements and conventions that are linked to the protection of human rights human victims in which the country is a party.
Health sector institutions, in a comprehensive and interdisciplinary manner, will provide medical, psychological and comprehensive services to victims, ensuring that in the provision of services is respected for their human rights.
Dependencies and public security institutions should safeguard the integrity and heritage of victims in danger when they are threatened by disturbances and other situations involving violence or imminent risks or during the prevention of the commission of any crime or violation of their human rights.
FROM ACCESS TO JUSTICE
Article 117. With regard to access to justice, it is up to the Federal Government, the states and the Federal District, in the field of their respective competences:
I. To promote the training and specialization of agents of the Federal Investigation Police, agents of the Public Ministry, Peritos and all the personnel in charge of the procurement of justice in the field of human rights;
II. Provide victims with guidance and counseling for their effective care and protection, in accordance with the Organic Law of the Attorney General's Office. Republic, its Regulation and other applicable laws;
III. Dictate the necessary measures for the Victim to receive emergency medical care;
IV. Provide the required statistics with the necessary references to the number of victims served;
V. Provide victims with comprehensive information about public or private institutions in charge of their care;
VI. Provide victims with objective information that enables them to recognize their situation;
VII. Promote the culture of respect for the human rights of victims and ensure the safety of those who report;
VIII. Celebrate cooperation, coordination, and concertation agreements on the subject, and
IX. Other intended for compliance with this Law, and applicable regulatory standards.
OF FEDERATIVE ENTITIES
Article 118. It is for the federal entities, in accordance with the provisions of this Law and the applicable local ordinances:
I. Instrumentation and articulating their public policies in accordance with comprehensive national policy, for the proper care and protection of victims;
II. Exercise its regulatory powers for the implementation of this Law;
III. Coassist in the adoption and consolidation of the System;
IV. Participate in the elaboration of the Program;
V. Strengthen and drive the creation of public and private institutions that pay attention to victims;
VI. Promote, in coordination with the Federal Government, programs and projects of care, education, training, research and culture of human rights victims according to the Program;
VII. Drive local programs for women's advancement and development and improve their quality of life;
VIII. Drive the creation of shelters for victims according to the system-designed care model;
IX. Promote information programs to the population in the field;
X. Print integral reeducational programs for imputed;
XI. Spread by all media the content of this Act;
XII. To report to the System an annual report on the progress of local programs;
XIII. Review and evaluate the effectiveness of actions, public policies, state programs, based on the results of research that are performed;
XIV. To promote the participation of private organizations dedicated to the promotion and defense of human rights, in the execution of programs state;
XV. Receive from private organizations, proposals and recommendations on care and protection of victims, in order to improve mechanisms in the material;
XVI. Provide the authorities with the task of performing statistics, the information needed to prepare statistics;
XVII. To promote reforms, in the field of their competence, for the fulfillment of the objectives of this Law, and
XVIII. To conclude agreements on cooperation, coordination and concertation in the field, and applicable to the matter, to be granted to them by law or other ordinances legal.
Federal authorities will make the necessary efforts to encourage local authorities to reform their legislation in favor of and support victims.
Article 119. It is for the municipalities, in accordance with this Law and the local laws in the field, the following powers:
I. Instrumentation and articulating, in accordance with national and state policy, municipal policy, for the proper care and protection of victims;
II. Coassist with the Federal Government and federal entities, in the adoption and consolidation of the System;
III. Promote, in coordination with federal entities, training courses for people who care for victims;
IV. Run the actions required for Program compliance;
V. Support the creation of comprehensive re-education programs for the imputed;
VI. Support the creation of safe havens for victims;
VII. Participate and help in protecting and caring for victims;
VIII. Celebrate cooperation, coordination, and concertation agreements on the subject, and
IX. Other applicable to the subject matter, to be granted by the Law or other applicable legal orders.
OF PUBLIC SERVERS
Article 120. All public servants, from the first moment in which they have contact with the victim, in the exercise of their duties and in accordance with the scope of their competence, shall have the following duties:
I. Officially identify to the victim, detailing name and charge they hold;
II. Develop with due diligence the privileges recognized in this Law, in compliance with the principles set out in Article 5 of the present Law;
III.-Ensuring that international human rights standards and instruments are respected and enforced;
IV. Treat the victim with humanity and respect for his dignity and human rights;
V. Give special attention to victims so that administrative and legal procedures for the administration of justice and grant a repair do not create new damage, violation, or threat to the safety and interests of the victim, family, witnesses or persons who have intervened to assist the victim or prevent further violations;
VI. Avoid any treatment or conduct involving secondary victimization or victim's incrimination in the terms of Article 5 of this Law;
VII. Provide the victim with clear, accurate and accessible guidance and information on their rights, guarantees and resources, as well as on mechanisms, actions and procedures that are established or recognised in this Law;
VIII. Deliver in a timely, timely and effective manner, all documents required for the exercise of their rights, including, identification and visas;
IX. Do not hinder or condition the victim's access to justice and truth, as well as the mechanisms, measures and procedures established by this Law;
X. To present to the Public Ministry, or, where appropriate, to the public human rights organizations, the complaints and complaints that in compliance with this Law receive. Such official presentation shall be made within three working days from which the victim, or his representative, made or delivered the same;
XI. Enter the victim to the National Victim Registry, when required by its jurisdiction;
XII. To carry the relevant authority with the documents, indicia, or evidence in its possession, when required or related to the complaint, complaint or request that the victim has filed in the terms of this Law;
XIII. Investigate or verify the facts reported or disclosed, seeking not to further violate the rights of the victims;
XIV. Ensure that the victim has an exercise that is free of all rights and guarantees as well as mechanisms, procedures and actions contemplated in this Law;
XV. Perform the actions to search for missing, missing, missing or non-localized persons, as well as identifying persons, bodies or remains found;
XVI. To assist in restoring the whereabouts of the victims, to retrieve them, to identify them and, if necessary, to inhume them according to the explicit or presumed desire of the victim or cultural traditions or practices of his family and community;
XVII. Adopt or request the competent authority immediately and specifically for the necessary measures to ensure that the violation of human rights is stopped. reported or evidenced;
XVIII. Allow access to places, documents, files, to grant interviews and other requests that are required by the public defense agencies of the human rights, when they are carried out in the field of their competence and in order to investigate alleged human rights violations;
XIX. Refrain from requesting or receiving from victims or their representatives, monetary or in-kind rewards, handouts, favors or advantages of any type, and
XX. Giving the ministerial authority over the commission of any event that may constitute the commission of a crime or violation of rights, provided that the latter is pursued ex officio. The view under no circumstances shall condition, limit or suspend the aid or services to which the victim is entitled.
Failure to comply with the duties set out in this Law for public servants will be sanctioned with the appropriate administrative or criminal liability.
Article 121. Any individual who exercises public functions under grant, permit, hiring or other appropriate means shall be subject to the duties set out above, with the scope and limitations of the scope of its competence. The obligations shall govern from the first moment in which you have contact with the victim in compliance with the measures referred to in the Third and Fourth Titles of this Law.
Article 122. Any alteration in the records or reports will generate disciplinary responsibility for the person who endorses or authorizes it, and will also generate subsidiary responsibility for its superior hierarchical. This is without prejudice to the administrative or criminal responsibilities that are generated.
FROM THE PUBLIC MINISTRY
Article 123. Corresponds to the Public Ministry, in addition to the duties established in this order, the following:
I. Inform the victim, from the moment he is present or appear before him, the rights granted to him by the Constitution and international treaties, the the respective criminal code and criminal procedure and the other applicable provisions, as well as the scope of those rights, with the written record of the reading and explanation given;
II.-To monitor compliance with the duties enshrined in this Law, in particular the legal duty to search and identify missing victims;
III. Request the precautionary seizure of the goods liable to be applied to the integral repair of the damage suffered by the victim, as well as the exercise of other rights;
IV.-Request the protective or protective measures necessary for the protection of the victim, his or her family members and/or their property, where necessary;
V. Request the conducting tests to accredit, determine and quantify the victim's damage, specifying the damage to moral damage and material damage, following the criteria of this Law;
VI. Lead the relevant heritage studies and investigations to determine the existence of domain-extinguishing goods;
VII. Request the repair of the damage in accordance with the criteria outlined in this Act;
VIII. Report on the alternative dispute resolution measures provided by the Law through institutions such as conciliation and mediation, and ensure that the option and exercise of these options is carried out with full knowledge and absolute voluntariness;
IX. When the insured assets are placed in the custody of the victim or returned to the victim, he/she must clearly inform the extent of such situation, and the consequences that it entails for the process;
X. When the body or human remains of the family member or nearby persons is delivered to the victim, and has not caused an execution, they must report to the victim the duty not to submit the same to cremation. Such a duty can only be imposed on the victim in order to make his right to truth and justice effective, and
XI. Other actions that establish the applicable legal provisions for comprehensive care for victims and comprehensive redress.
OF MEMBERS OF THE JUDICIARY
Article 124. It is up to the members of the Judiciary in the field of their competence:
I. Ensuring the rights of victims in strict application of the Constitution and international treaties;
II. Dictate the necessary corrective measures to prevent violations of human rights or the commission of certain illegal actions from continuing;
III. Impose relevant disciplinary penalties;
IV. Resolve expeditiously and diligently requests that are before them;
V. Dictate the precautionary measures necessary to ensure the safety of the victims, and their legal assets;
VI. Ensuring that the option and exercise of alternative dispute resolution measures is carried out in compliance with the principles that underpin justice restorative, in particular, voluntariness;
VII. Vellar for the victim to be notified when they are in their interests and rights, even if they are not legitimately legitimized;
VIII. Allow the victim to participate in the non-jurisdictional acts and procedures that he requests, even if he is not criminally legitimized. coadjuvancy;
IX. Listen to the victim before sentencing, as well as before resolving any act or measure that impacts or binds to your rights or interests;
X. When the insured property is placed in the custody of the victim or returned to it, it must clearly inform the victim of the situation, and the consequences that it brings for the process, and
XI. Other actions that have the applicable legal provisions for victims of crime and comprehensive reparation.
FROM THE VICTIMS ' LEGAL ADVISOR
Article 125. Corresponds to the Legal Counsel for Victims:
I. Seek to make each of the victim's rights and guarantees effective, in particular the right to protection, truth, justice and reparation integral;
II. Provide the victim with clear, accessible and timely information about the rights, guarantees, mechanisms and procedures that this Act recognizes;
III. Advising and assisting victims in any act or procedure before the authority;
IV. Formulate complaints or complaints;
V. Represent the Victim in Every Criminal Procedure;
VI. Inform and advise the victim on alternative dispute resolution measures, and ensure that they are performed in strict compliance with the principles that underpin restorative justice, in particular, voluntariness, and
VII. To monitor the effective protection and enjoyment of victims ' rights in the actions of the Public Ministry in each and every stage of the criminal proceedings and, where appropriate, supply the deficiencies of the latter to the relevant judicial authority where the Legal Adviser of the Victims considers that the protection of the rights of the victims is not effectively Part of the Public Ministry.
OF OFFICIALS OF PUBLIC HUMAN RIGHTS PROTECTION BODIES
Article 126. In addition to the duties established for any public servant, officials of public human rights protection bodies, in the field of their competence, shall:
I. Receiving complaints for alleged human rights violations;
II. Receive complaints for alleged criminal acts and refer them to the Public Ministry;
III. Investigating alleged human rights violations;
IV.-Respect, in the framework of their investigations, international protocols for documentation of cases of alleged human rights violations;
V. Request, where appropriate, precautionary measures necessary to ensure the safety of victims, family members or legal goods;
VI. Follow up on requests that you raise with the executive or judicial authority; in case you notice omissions or defaults by the authority or The Commission shall also report on the relevant routes;
VII. Use all national and international mechanisms to effectively and in a timely manner seek to finance administrative, civil or penalties for serious human rights violations, and
VIII. Recommend reparations for victims of human rights violations based on the standards and elements set out in the present Law.
OF THE POLITICS
Article 127. In addition to the duties established for any public servant, and the specific provisions referred to in the respective orders, to the members of the police of the various government orders, in the field of their jurisdiction, corresponds:
I. Inform the victim, from the moment he is present or appear before him, the rights granted to him by the Constitution and international treaties, the the respective criminal code and criminal procedure and the other applicable provisions, as well as the scope of those rights, with the written record of the reading and explanation given;
II. Allow the participation of the victim and his/her advocate in procedures aimed at the prosecution of justice, as well as the exercise of his/her contribution;
III. Facilitate victim access to research, in order to respect their right to truth;
IV. Collaborate with the courts of justice, the public ministry, the procuratorates, comptroller's, and other authorities in all police actions required;
V. Rissue the respective test data and reports, with due diligence in accordance with Article 5 of this Act;
VI. Respect the best practices and minimum standards of international human rights law, and
VII. Keep records up to date in compliance with this Law and the laws as they compete.
OF THE VICTIM
Article 128. The victim corresponds:
I. Act in good faith;
II. Cooperating with authorities seeking to respect their right to justice and truth, provided it does not involve a risk to their person, family or property legal;
III. Keep the goods covered by insurance when they have been returned or placed in their custody, as well as not cremating the bodies of relatives to they are delivered, where the authority so requests, and for the period to be determined necessary, and
IV. When you have access to reserved information, respect and save the confidentiality of the information.
Article 129. Every employer of a victim, whether public or private, must allow and respect the victim's use of the mechanisms, actions and procedures recognized to enforce his rights and guarantees, even if this implies absenteeism.
COMPREHENSIVE HELP, ASSISTANCE, AND REPAIR FUND
OBJECT AND INTEGRATION
Article 130. The Fund aims to provide the necessary resources for the assistance, assistance and comprehensive reparation of victims of crime and victims of human rights violations.
The victim may access the Fund in a subsidiary manner in the terms of this Law, without prejudice to administrative, criminal and civil liability and sanctions. which result.
Article 131. To be beneficiaries of the Fund's support, in addition to the requirements set out in this Law and its Regulations, the victims must be registered in the Register for the purpose of the Executive Committee carrying out a comprehensive evaluation of their family and social environment in order to have sufficient elements to determine the aid, assistance, protection, comprehensive repair and, where appropriate, compensation measures.
Article 132. The Fund shall conform to:
I. Resources expressly provided for that purpose in the Federation's Eglings Budget in the corresponding item, without any such resources available resources for a diverse purpose;
The amount to be approved annually by the Chamber of Deputies will be 0.014% of the Programmable Expenditure of the Federation's Government Budget.
II. The product of the disposal of the goods that are seized in the criminal proceedings, in the proportion that corresponds, once the compensation, in the terms laid down in the Federal Code of Criminal Procedures or in the respective legislation;
III. Resources arising from sureties or guarantees that are effective when the defendants fail to comply with the obligations imposed by the authority;
IV. The amount of unclaimed damage repairs;
V. The contributions to this end make in cash or in kind the natural or moral persons of a public, private or social nature, national or foreign altruistic manner;
VI. The returns that generate the resources in the Fund;
VII. The amounts that are recovered under the right of repetition in the terms of this Act, and
VIII. Other resources to be determined in the applicable provisions.
The establishment of the Fund will be independent of the existence of others already established for the attention of victims. The application of resources established in other mechanisms in favor of the victim and those of this Law will be done in a complementary manner, in order to avoid their duplicity. Access to resources in favour of each victim shall not exceed the limits laid down in this Law and the corresponding provisions.
Subsidiary compensation shall be covered by the Fund's resources for the tax year in force at the time of the application. The Executive Commission will ensure the maximization of the use of the Fund's resources, prioritizing at all times those cases of greater gravity.
Article 133. The Fund shall be exempt from any tax and parafiscal charge as well as from the various charges to which the operations carried out by the Fund may be subject.
Article 134. The Executive Committee shall issue the provisions necessary for the operation of the Fund, which shall be governed by the provisions of the Fund. Law.
Article 135. When the situation warrants it, and by decision of the Executive Committee, an emergency fund may be created for the support established in Title III of this Law, which will have been awarded part of the Fund's resources for a period of time. determined.
The Executive Committee, within a maximum of 10 days, shall determine the emergency economic support required.
OF THE ADMINISTRATION
Article 136. The Fund shall be administered by the Executive Committee following criteria of transparency, opportunity, efficiency and accountability.
Article 137. The Fund's resources will be managed and operated through a public trust.
Article 138. The holder of the Fund shall:
I. Cautiously administer the resources that make up the Fund to enable effective compliance with the purpose of this Act;
II. Manage the relevant so that the resources allocated to the Fund are timely entered;
III. Submit regular reports and accountability to the Executive Committee Plenary, and
IV. Make the necessary forecasts to ensure the solvency of the Fund.
Article 139. The resources of the Fund shall also be applied to grant the victim the support referred to in the Third and Fourth Titles, and, in the case of victims of crimes or of violation of human rights, to the compensation measure, in the terms of this Act and under the respective Rules of Procedure.
The Executive Committee shall determine the support or assistance to be granted to the victim of the Fund's resources including compensation, after the opinion of the Issue the Interdisciplinary Committee Evaluator.
Article 140. The Fund will be audited annually by the Federation's Higher Audit Office.
Article 141. The Federation shall be subrogated to the rights of the victims in order to charge the amount which, by way of compensation, has been paid to the Fund by the Fund.
For this purpose, the necessary elements for the exercise of the rights deriving from the subrogation shall be provided to the Federation.
The Public Ministry will be obliged to provide the evidence indicated in the preceding paragraph, at appropriate procedural times, in order to ensure that are valued by the judge at the time of the sentencing, which must be expressly provided for in the subrogation in favor of the Federation in the right of the victim to repair the damage and the amount corresponding to that subrogation, in the cases where appropriate.
In the case of compensation for judicial error, these will be covered by the corresponding Judicial Branch budget.
Article 142. The Federation shall exercise the economic co-active procedure in order to make the subrogation of the amount of the repair effective in accordance with the applicable provisions, without prejudice to the fact that such recovery can be claimed by the victim on the civil road, for to recover the damage from the sentenced person or to whom he is obliged to cover it, in terms of the applicable provisions.
Article 143. The Regulation shall specify the operation, scope and specific criteria for the allocation of resources of the Fund.
OF THE PROCEDURE
Article 144. To access the Fund's resources, the victim shall submit his or her application to the Executive Committee in accordance with the provisions of this Law and its Rules of Procedure.
Who receives the request will forward it to the Executive Commission or victims ' commissions within a time limit that may not exceed two working days.
The determinations of the commissions in respect of any kind of payment, compensation or repair of the damage shall have the character of final administrative decisions. Against such decisions, the judgment will proceed.
Article 145. As soon as it receives a request, the Executive Committee will take it to the interdisciplinary committee evaluator, for the integration of the file that will serve as a basis for the proposal that the commissioner president will present to the plenary of the Executive Committee to determine the support or assistance required by the victim.
Article 146. The Interdisciplinary Committee shall be responsible for integrating such a file within a period of not more than four days, which shall contain at least:
I. The documents presented by the victim;
II. Description of the damage or damage that the victim has suffered;
III. Detail of the needs of the victim to deal with the consequences of the crime or the violation of their human rights, and
IV. In case of having this, relationship of medical or psychological parts where they detail the affectations that the victim has on the occasion of the commission of the crime or of the violation of human rights.
Article 147. In the case of the application for support or support, it must also be added:
I. A social work study prepared by the Interdisciplinary Committee evaluating the relationship of the conditions of victimization faced by the the victim and the needs it needs to meet to cope with the aftermath of victimization;
II. Medical opinion where the affected affectations, sequelae, and treatment, prostheses, and other needs that the person requires for his/her recovery;
III. Psychological opinion in case the victim requires attention to mental health where the needs that require to be covered are specified for the recovery of the victim, and
IV. Proposal for a resolution proposed to be adopted by the Executive Committee where the need for such assistance is justified and argued legally.
The victim will only be required to deliver the information, documentation and evidence in his possession. It is the Committee's responsibility to achieve the integration of the respective folder.
Article 148. Received the request, this will pass to evaluation of the interdisciplinary committee evaluator to integrate the folder with the documents mentioned in the previous article, analyze, value and concretize the measures that will be granted in each case.
The Rules of Procedure of this Law will specify the procedure to be followed for the granting of the aid.
The Executive Committee shall integrate the complete file within a period of not more than twenty working days and shall, on the basis of its opinion, resolve the provenance of the application.
Article 149. Applications for access to the resources of the Fund in the field of repair shall always be applied to the victim:
I. Count with executing statement indicating that you suffered the damage from such illicit, as well as the amount to be paid and/or other forms of repair;
II. You have not reached the full payment of the damages caused to you;
III. You have not received the comprehensive repair of the damage by any other means, which may be credited to the office of the judge in the criminal case or to another means fehaciente, and
IV. Present application for comprehensive assistance, assistance, or repair, provided that such request is endorsed by the Executive Committee.
Article 150. Applications submitted in terms of this Chapter shall be considered as:
I. The Socioeconomic Condition of the Victim;
II. The impact of harm on family life;
III. The inability to work as a result of the damage;
IV. The number and age of economic dependents, and
V. The resources available in the Fund.
OF THE REPAIR
Article 151. If the State is unable to make full or partial effect the clearing order, established by a judicial mandate or by agreement of the Executive Committee, it shall justify the reason and take sufficient measures to collect its value, or to manage the relevant in order to achieve the integral repair of the victim.
Article 152. When the determination and quantification of the support and repair has not been given by judicial authority or national or international body for the protection of human rights, it shall be carried out by the Executive Committee. If the same was not documented in the criminal proceedings, this Commission shall carry out its documentation and integration of the dossier as referred to in Articles 145, 146 and 169.
Article 153. Where part of the damage suffered is explained as a result of acting or omitting the victim, such conduct may be taken into account when determining compensation.
Article 154. When the damage has been caused by more than one agent and it is not possible to identify the exact participation of each of them, a subsidiary liability will be established in front of the victim, and the amount of the payment will be distributed compensation in equal parts between all the co-workers prior to the agreement of the Executive Committee.
Article 155. The aid and assistance measures may be of varying nature, in compliance with the provisions of this Law and its Rules of Procedure. Comprehensive repair shall be covered by national currency, with the exception that it may be paid in kind according to the decision of the Executive Committee.
Article 156. The Executive Commission will have the power to meet the needs in terms of assistance, assistance and comprehensive repair through federal, state, or municipal government programs.
Article 157. Where the repair payment proceeds, the fund will record the court ruling that prompted it and the amount of the compensation, which will be a public consultation.
TRAINING, TRAINING, UPDATING, AND SPECIALIZATION
Article 158. The members of the System who have contact with the victim in compliance with measures of care, assistance, support, support, comprehensive reparation or any mechanism of access to justice, must include within their programs contained thematic on the principles, rights, mechanisms, actions and procedures recognized by this Law; as well as the specific provisions of human rights contained in the Constitution and international treaties, specific protocols and other instruments of international human rights law.
These entities should design and implement a monitoring system that can measure the impact of training on the members of their respective agencies. To this end, account must be taken, inter alia, of complaints and complaints against such servers, the penalties imposed, the interviews and direct surveys of victims.
Article 159. Any procedure of entry, selection, permanence, encouragement, promotion and recognition of public servants who, by their competence, have direct treatment or provide their service to victims in compliance with assistance measures, support, support, comprehensive redress or any mechanism of access to justice, must include within the assessment criteria, a human rights item.
Article 160. The National Conference of Attorney General and the National Conference of Secretaries of Public Security in compliance with the powers conferred on the General Law of the National Public Security System, must have the relevant for the thematic content mentioned in this Law to be part of the strategies, policies and models of professionalization, as well as the supervision of the corresponding programs in the training institutes.
Article 161. Federal expert services and federal entities must train their officials and employees to ensure that the victim receives specialized care according to the type of victimization suffered, and has issued them rights granted to him by the Political Constitution of the United Mexican States and international human rights treaties.
Article 162. The institutes and academies that are responsible for the training, training, updating and specialization of public, federal, state and municipal ministerial, police and civil servants will have to coordinate with each other. the purpose of fully complying with the Professional Programs of Profession mentioned in the General Law of the National Public Security System and the minimum guidelines imposed by this Chapter of this Law.
Also, they should propose collaboration agreements with universities and other educational institutions, public or private, national or foreign, with the object of provide comprehensive academic training and excellence to the public servants of their respective dependencies.
The obligations set out in this Article also apply to the member-level training, training, updating and specialization entities of the members of the Judicial Branch and the Secretariat of National Defense, in the various government orders.
Article 163. The National Commission on Human Rights and public institutions for the protection of human rights in federal entities shall coordinate in order to fully comply with the privileges referred to them.
These institutions will have to carry out their tasks as a priority, so that assistance, support, advice and monitoring is effective and allows for a real exercise. of the rights of victims.
Article 164. As part of comprehensive care, care and repair, victims will be provided with training, training and occupational guidance.
Training and training will be carried out with a differential and transformative approach. The victim will be offered programmes according to their interest, condition and context, taking into account the usefulness of such training or training. The aim is to provide the victim with good tools to help make comprehensive care and repair effective, as well as to encourage the victim's strengthening and resilience.
Also, the victim should be provided with specific occupational guidance to enable them to opt for the most suitable training and training programmes, plans and routes. according to your interest, condition, and context.
For compliance with the above, the existing programs in the different government orders will be applied at the time of the issuance of this Law, guaranteeing its consistency with the guiding principles, rights and guarantees detailed therein. Where in the Federal Government, federal agencies or the Federal District Government do not have the necessary support for the fulfilment of the obligations referred to above, they shall create the specific programmes and plans.
FROM FEDERAL LEGAL COUNSEL AND FEDERAL VICTIM CARE ENTITIES
Article 165. It is created in the Executive Committee, the Federal Legal Counsel for Victims, a specialized area in legal advice for victims.
Federative entities should create within their respective competencies their own Legal Advice to Care for Victims or, if necessary, adapt the previously existing structures in the terms of this Act.
The Legal Advisories of Victims of Federative Entities will be, in the same way, organs dependent on the analogous unit to the Executive Committee that exists in the entity, shall enjoy technical and operational independence and shall have the same functions, in the field of its competences.
Article 166. The Legal Advisory will be made up of legal advisors to victims, experts and technical professionals of various disciplines that are required for the defense of the rights of the victims.
Will have a Board of Directors, a Director General and the administrative units that are required for the performance of their duties, in terms of the applicable regulatory standards.
Article 167. The Federal Legal Counsel is responsible for the following functions:
I. Coordinate the Legal Advisory Service for Victims in Federal jurisdiction to guarantee the rights of victims contained in this Law, in international treaties and other applicable provisions;
II. Coordinate the service of representation and legal advice of victims in criminal, civil, labor, family, administrative and human rights of the federal jurisdiction, in order to ensure access to justice, truth and comprehensive redress;
III. Select and train public servants attached to the Federal Legal Counsel;
IV. Designate for each Investigative Unit of the Public Ministry of the Federation, Circuit Court, for each Federal Court that knows of criminal matters and Visit of the National Human Rights Commission, at least to a Legal Counsel for the Victims and the necessary assistance personnel;
V. Celebrate coordination agreements with all those who can assist in the defense of victims ' rights, and
VI. The others that are required for the protection of victims ' rights.
Legal advice for federal entities will have the same functions in the field of their competence.
Article 168. The victim shall have the right to appoint a Legal Adviser who shall freely choose from the time of entry to the Registry. In case of not having a particular lawyer, the Executive Committee of the National Victims System must appoint you through the Federal Legal Counsel.
The victim will have the right to have his or her lawyer appear to all acts in which it is required.
The Legal Counsel service will be free and will be provided to all victims who want or can hire a particular lawyer and especially:
I. People who are unemployed and do not perceive income;
II. Retired or retired workers, as well as their spouses;
III. Any workers or subemployees;
IV. Indigenous people, and
V. People who for any social or economic reason have the need for these services.
Article 169. The figure of the Federal Legal Counsel for Victim Care is created which will have the following functions:
I. Attend and advise the victim from the first time he has contact with the authority;
II. Represent the victim in a comprehensive manner in all proceedings and trials in which she is a party, for which she must take all legal action to their defence, including those relating to human rights at both national and international level;
III. Provide the victim with clear, accessible, timely and detailed information and the legal advice it requires, whether in criminal, civil, or criminal matters. family, work and administrative;
IV. Inform the victim, in respect of the meaning and scope of the protection measures, assistance, assistance, care and comprehensive reparation, and if necessary, process them before the judicial and administrative authorities;
V. Follow all procedures for protective measures, assistance, assistance and care, which are necessary to ensure physical and mental integrity of the victims, as well as their full recovery;
VI. Inform and advise the victim's family members or the persons they decide on the services the State has to provide assistance to them, assistance, advice, legal representation and other rights established in this Law, in the International Treaties and other applicable laws;
VII.-Take a point-in-time record of the actions performed and form a case file;
VIII. To process and deliver copies of your file to the victim, if required;
IX.-To monitor the effective protection and enjoyment of victims ' rights in the actions of the Public Ministry in each and every stage of the criminal proceedings and, where appropriate, supply the deficiencies of the latter to the relevant judicial authority when the Federal Legal Adviser of the Victims considers that the protection of the rights of the victims is not effectively victims by the Public Ministry, and
X. The others that are required for the comprehensive defense of victims ' rights.
Article 170. The federative entities will have Legal Advisors of Attention to Victims attached to their respective unit of Legal Advisory of Attention to Victims, which will have the functions enunciated in the previous article, in their field of competence.
Article 171. To enter and remain as Legal Advisor is required:
I. Being Mexican or foreign with immigration status of immigrated in exercise of their political and civil rights;
II. Be licensed in law, with professional cedula issued by the competent authority;
III. Approve the corresponding entry and opposition exams, and
IV. Not having been convicted of a criminal offence with a custodial sentence of more than one year.
Article 172. The Legal Adviser shall be immediately assigned by the Executive Committee, without further requirements than the application made by the victim or at the request of any institution, human rights body or civil society organisation.
Article 173. The civil service of career for the Legal Advisors, includes the selection, admission, admission, permanence, promotion, training, benefits, stimuli and sanctions. This civil service shall be governed by the provisions laid down in the applicable regulatory provisions.
Article 174. The Director General, the Legal Advisers and the technical staff of the Federal Legal Counsel will be considered public servants of trust.
Article 175. The Board of Directors shall be composed of the Director General of the Federal Legal Counsel, who shall chair the Board, as well as six professionals of the law of recognized prestige, appointed by the Executive Committee, on a proposal from the Director General.
Members of the Board of Directors will perform their duties in a personal and inselectable manner and will last for three years and may be re-elected by another three years.
Article 176. The Board of Directors may meet with a minimum of four members and shall take its decisions by a majority of the votes of the members present. In case of a tie the Director General shall have a vote of quality.
Ordinary sessions shall be verified at least every two months, without prejudice to the possibility that they may be convened by the Director-General or by application to the Director-General. at least three members of the Board of Directors, where it is considered that there are reasons of importance for this.
Article 177. They are the powers of the Board:
I. Set policy and actions related to the Legal Counsel for Victims;
II. Promote that public and private institutions, agencies and associations contribute to the elevation of the professional level of legal advisors, and also provide the Board with technical advice in specific areas or issues where it requires;
III. To promote the realization of studies aimed at perfecting the service of Federal Legal Counsel;
IV. To encourage the conclusion of agreements with the various social sectors and public and private bodies, on issues such as training and support;
V. Approve the guidelines for the selection, entry, and promotion of legal care advisors to victims;
VI. Approve the general bases for the organization and operation of the Federal Legal Counsel;
VII. Approve the proposal for a preliminary draft budget to be submitted for consideration by the Executive Committee;
VIII. Approve the general guidelines for the recruitment of experts and experts in the various areas of knowledge that are required;
IX. Approve the Federal Legal Counsel's Annual Training and Stimulus Plan;
X. Browse and approve periodic reports to be considered by the Director General, and
XI. The others that grant you this Law and other applicable legal provisions.
Article 178. The Director General of the Federal Legal Counsel, will be appointed by the vote of the absolute majority of the Executive Committee and will last three years in his office, and can be re-elected for up to three years.
Article 179. The Director General of the Federal Legal Counsel shall meet for his appointment, the following requirements:
I. Being a Mexican citizen and being in full exercise of your rights;
II. Credit experience of three years in the practice of law, especially related, with matters related to its functions; and own, to the day of the designation, title and professional cedula in law, issued by the legally empowered authority or institution with minimum age of five years computed on the day of its designation, and
III. Gozar of good reputation, professional prestige and not having been convicted of criminal offense with a custodial sentence of more than one year. However, if it were illegal such as theft, fraud, falsification, breach of trust or other that seriously injured the person's reputation in the public concept, it will disable the person to take office whatever the penalty has been. imposed.
The Executive Committee will seek to prefer, on an equal basis, to the one who has served as Legal Counsel, public defender or similar.
Article 180. The Director General of the Federal Legal Counsel shall have the following powers:
I. Organize, direct, evaluate, and control the Legal Advisory services of the Victims to be provided, as well as their administrative units;
II. Meeting complaints against the Legal Counsel for victims and, where appropriate, investigating the likely liability of employees. of the Federal Legal Counsel;
III. To monitor compliance with each and every obligation imposed on the Legal Advisers; determining, if they have incurred any causal responsibility on the part of these or the employees of the Federal Legal Counsel;
IV. Propose to the Board of Directors the policies it deems appropriate for the greatest effectiveness of the defense of the rights and interests of the victims;
V. Propose to the Executive Committee, the penalties and disciplinary corrections to be imposed on the Legal Advisers;
VI. Promote and strengthen the relations of the Federal Legal Counsel with public, social and private institutions, which by the nature of their functions, may collaborate in the performance of their duties and in a preponderant manner with the Legal Assassins of Victims of Federative Entities;
VII. To propose to the Board of Directors the draft Annual Training and Stimulus Plan of the Federal Legal Counsel, as well as a program of dissemination of its services;
VIII. Develop an annual work report on comprehensive activities developed by each and every Legal Counsel belonging to the Advisory Committee. Federal Law, which must be published;
IX. Develop the draft budget bill that is submitted for consideration by the Board of Directors, and
X. The others that are required to comply with the object of this Act.
Article 181. (Repeals)
Article 182. (Repeals)
Article 183. (Repeals)
Article 184. (Repeals)
Article 185. (Repeals)
Article 186. (Repeals)
Item 187. (Repeated)
Article 188. (Repeals)
Article 189. (Repeals)
FIRST.- This Law shall enter into force 30 days after its publication in the Official Journal of the Federation.
SECOND.-All legal provisions that are opposed to this Act are repealed.
THIRD.-The Regulation of this Law shall be issued within six months of the date on which the Law enters into force.
FOURTH.-The National System of Assistance, Attention and Integral Repair of Victims referred to in this Law shall be established within 90 calendar days. from the entry into force of this Law.
QUINTO.- The Executive Commission for the Attention to Victims referred to in this Law shall be elected within thirty calendar days from configuration system.
SIXTH.-The Executive Commission will be installed for the first time with the appointment of nine counselors. The first terna will last in his order one year; the second third, three years and the third term, five years.
SEVENTH.- Within 180 calendar days Local Congresses shall harmonize all local ordinances related to this Law.
EIGHTH.- Within 180 calendar days, the laws and regulations of the institutions that provide medical attention must be reformed in order to recognize their an obligation to provide emergency care under the terms of Article 38 of this Law.
NINTH.- The authorities related to Article 81 that will integrate the National Victims System within 180 calendar days will have to reform their Regulations to indicate the Direction, Subdirection, Head of Department who will be in charge of the obligations imposed on it by this new function.
DECIMAL.- The Attorney General and all Federative Entities will have to generate the necessary protocols in the subject matter, refers to this Law within 180 calendar days.
TENTH FIRST.- The Federal, State, Federal District and Municipal Institutions must regulate the training of public servants to their charge on the content of the heading of Training, Training, Updating and Specialisation, in this Law.
TENTH SECOND.- The Federal Government must make the necessary budgetary forecasts for the operation of this Law and establish a budget item specifies in the Federation's Budget for the following fiscal year to its entry into force.
THIRTEENTH THIRD.- The functions of the Ombudsman's office in matters of victims who have been assigned to the Federal Public Defenders by the General Law to Prevent And to Punish the Crimes in Matter of Secuestro, a regulation of the twenty-first fraction of article 73 of the Political Constitution of the United Mexican States, will be assumed by the Federal Legal Counsel as of the entry into force of the present Law.
TENTH ROOM.- The advisors and attorneys attached to the various instances of justice and victim care will receive training on the part of the Federal Legal Counsel to be able to attend as Victimal Lawyers.
TENTH FIFTH.- All training institutions must establish plans and programs to train their staff to give compliance with this Law.
TENTH SIXTH.- The institutions already in existence at the time of the entry into force of this Law will operate with their structure and budget, without prejudice to the special allowances to be received for the fulfilment of the obligations imposed on them by this Law.
Mexico, D. F., on April 30, 2012.
SEN. JOSÉ GONZÁLEZ MORFIN, President.-Dip. Guadalupe Acosta Naranjo, President.-SEN. RENAN CLEOMINIO ZOREDA NOVELO, Secretary.-Dip. Guadalupe Pérez Domínguez, Secretariat.-Rubicas."
This decree is published in attention to the trade No. DGPL. -2P3A. -6469, signed by Senator José González Morfin, President of the Board of Directors of the Chamber of Senators, in order to comply with the provisions of Article 72, paragraph B of the Political Constitution of the United States Mexicans, and for their due observance.
DECREE that they reform, repeal and add various provisions of the General Victims Law; and the first paragraph of the article is reformed 182-R of the Federal Code of Criminal Procedures.
Published in the Official Journal of the Federation on 3 May 2013
ARTICLE FIRST.- Articles 1 to 180 are reformed and articles from 181 to 189 of the General Victims Act are repealed, to remain as follows:
FIRST.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
SECOND.- For the purposes of the last paragraph of Article 21 of the General Victims Act, the Congress of the Union, the local legislatures and the Legislative Assembly of the Federal District, will have a term of one year counted from the entry into force of this Decree to make the adjustments to the corresponding legislation.
THIRD.- All the authorities, of the various government orders, related to the compliance with this Law, will have to adapt their internal regulations to effects of compliance with the Ninth Transitional Article of the law in force.
Mexico, D.F., to April 16, 2013.-Sen. Ernesto Cordero Arroyo, President.-Dip. Francisco Arroyo Vieyra, President.-Sen. Rosa Adriana Díaz Lizama, Secretary.-Dip. Fernando Bribiesca Sahagun, 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 two May two thousand thirteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.- Heading.