Official Journal of the Federation on May 23, 2014
ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
SE EXPIDE THE GENERAL CRIME LAW.
Single Article.- The General Law on Election Crimes is issued.
GENERAL LAW ON ELECTORAL CRIMES
Object and Definitions
Article 1. This Law is a regulation of Article 73, part XXI, paragraph (a) of the Political Constitution of the United Mexican States, in the field of crime election. It is a public order and a general observance throughout the Republic and aims, in the field of electoral crimes, to establish criminal types, sanctions, the distribution of powers and the forms of coordination between the government. It also aims, in general, to protect the proper development of the electoral public function and the popular consultation referred to in Article 35, fraction VIII of the Constitution.
Article 2. For the investigation, prosecution, punishment and any reference to the procedure of the crimes provided for in this Law, they shall apply in the conduct, the criminal procedural law in force in the Federation and in the federal entities, the First Book of the Federal Criminal Code and the other provisions of national character in criminal matters issued by the Congress of the Union.
Article 3. For the purposes of this Law:
I. Constitution: Political Constitution of the United Mexican States;
II. Law: General Law on Electoral Crimes;
III. Criminal Code: Federal Criminal Code;
IV. Popular Consultation: The mechanisms of participation by which citizens exercise their right recognised by Article 35, fraction VIII of the Constitution;
V. Public Server: The person who performs a job, position, or commission of any nature In the Federal or Local Public Administration, federal or local decentralized agencies, federal or local majority state participation companies, organizations and societies assimilated to them, federal public trusts or local, in federal or local legislatures and in the Legislative Assembly of the Federal District, in the federal or local judicial branches or the Superior Court of Justice of the Federal District, or who handle federal or local economic resources, as well as in the agencies to which the Constitution, local constitutions or the Federal District Government Statute grant autonomy.
Public servants or employees of the public administration shall also be understood as public servants municipal and delegational;
VI. Election officials: Who in the terms of the electoral legislation integrate the Organs fulfilling electoral functions;
VII. Party officials: The leaders of political parties, coalitions and political groupings, and their representatives to the electoral bodies, as well as those responsible for the finances of political parties, coalitions or candidates in the terms of electoral legislation;
VIII. Candidates: Citizens formally registered as such by the authority competent;
IX. Electoral public documents: The credential to vote, the nominal listings, the ballots elections, correspondence circulating under the franchise of the National Electoral Institute or the Electoral Local Public Bodies, the minutes of the election day, those concerning the counting and counting of each of the elections, packages Elections and box files, the minutes (a) Circumstantial of the computer sessions of the local and district councils, and those of the plurinominal constituency computes, the formats approved by the National Electoral Institute or the Electoral Local Public Bodies that have as a purpose to accredit an electoral act in accordance with applicable law and, in general, all the minutes and documents issued in the exercise of their functions by the bodies of the National Electoral Institute or the Local Public Elections;
X. Electoral materials: Physical elements, such as urns, cancellations, or modular elements for the issuance of the vote, credential marker, indelible liquid, desk tools and other authorized equipment for use in polling stations during election day;
XI. Multa: The fine is the payment of an amount of money to the State, which will be fixed by days fine, in terms of applicable legislation;
XII. Election Package: It is the set of the following documents: the minutes of the day electoral, the nominal list of voters, the remaining unused electoral ballots, those containing valid votes and those of the null votes, the original of the minutes of counting and counting of the tables and, where appropriate, of the computation by district uninominal electoral documents, the letters of protest which have been received, as well as the circumstantial report drawn up by the Executive General Board regarding the vote issued abroad for the election of President of the United Mexican States;
XIII. Precandidate: It is the citizen who pretends to be nominated as a candidate for a job popular choice, and which has met the requirements of electoral legislation;
XIV. Campaign event organizers: People who lead, coordinate, implement, or participate in the organization of public meetings, assemblies, marches, and in general, the acts in which candidates or spokespersons of the political parties are directed to the electorate to promote their candidacies.
Article 4. The Public Ministry, in all cases, will proceed on its own initiative with the initiation of investigations for the crimes provided for in this Law.
Article 5. Dealing with public servants who commit any of the crimes provided for in this Law, they will be imposed, in addition to the corresponding sanction in the the criminal nature concerned, the disqualification for employment, office or commission in the federal, local, municipal or political-administrative departments of the territorial demarcations of the Federal District, two to six years and, where appropriate, removal from office.
Article 6. The penalties provided for in the offences under this Title shall apply regardless of the sanction established for the criminal types that are present in the Commission of the offences provided for in this Law.
Article 7. It will be imposed from fifty to one hundred days fine and imprisonment from six months to three years, to whom:
I. Vote knowingly that it does not meet the requirements of the law;
II. Vote more than once in the same choice;
III. Make a proselytizing or objectively press the voters on the day of the election day in the inside of the boxes or at the place where the voters are formed, in order to guide the meaning of their vote or to refrain from issuing it;
IV. Hinder or interfere with the normal development of votes, counting and counting, or proper exercise of the duties of election officials; enter or subtract from the ballot boxes illicitly one or more electoral ballots, or, enter false ballots; obtain or request signed declaration from the voter about your intention or the sense of their vote.
The penalty will be increased to double when violence against election officials is exercised;
V. Collect at any time, without cause provided by law, one or more credentials to vote for citizens;
VI. Hold during election day, without cause justified by law, one or more credentials to vote for citizens;
VII. Request votes for pay, promise of money or other consideration, or violence or threat, press another to attend proselytizing events, or vote or abstain from voting for a candidate, political party or coalition, during the election campaign, election day day or in the three days prior to the election.
If the conduct specified in the preceding paragraph is committed by a member of a body of public security, up to a third of the penalty provided for in this Article.
Likewise, anyone who threatens to suspend the benefits of social programs will be punished, either not to participate in proselytizing events, or, for the issue of suffrage in favor of a candidate, political party or coalition; or to abstain from the exercise of the right to vote or to the commitment not to vote in favor of a candidate, party political or coalition;
VIII. Request or order evidence of the meaning of your vote or violate, in any way, the right of the citizen to cast their vote in secret;
IX. Vote or intend to vote with a credential to vote from which you are not a holder;
X. Organize the meeting or transport of voters on the day of the election day, with the the purpose of influencing the meaning of the vote;
XI. Enacts, destroys, alters, owns, uses, acquires, sells, or otherwise illegally supplies, in any time, materials or public electoral documents.
If the seizure is carried out instead closed or with violence, the penalty will be increased by up to a third more. If this is done by one or more people armed or carrying dangerous objects, the penalty will be increased by up to one half more;
XII. Takes over, destroys, alters, owns, acquires, commercializes, or otherwise illegally supplies, equipment or inputs required for the development of credentials to vote.
If the seizure is carried out instead closed or with violence, it will increase up to a third of the penalty. If this is done by one or more armed persons or carrying dangerous objects, the penalty will be increased by up to one half;
XIII. Hinder or interfere with the shipment and delivery of public packages and documents election;
XIV. Prevent, without legally justified cause, the installation or closure of a cell. If the conduct is carried out by one or more armed persons or who use or carry dangerous objects, the penalty shall be increased by up to one half, irrespective of those of the commission of other offences;
XV. For the three days prior to the election and until the time of the official closing of the boxes which are located in the zones of the most western time zones of the national territory, publish or disseminate by any means the results of opinion polls or opinion polls that aim to make known the electoral preferences of the citizens;
XVI. Make by any means any act that causes fear or intimidation in the electorate that (a) the right to vote, or to disturb the order or free access of the voters to the box.
If the conduct is performed by one or more armed persons or using or carrying dangerous objects, a the penalty indicated will be increased by up to one half, regardless of which they correspond to the commission of other crimes;
XVII. Without cause justified by law, open election packages or remove stamps or open the places where they are secured;
XVIII. In case of person, provide funds from abroad to a party political, coalition, political grouping or candidate to support proselytizing acts within an election campaign;
XIX. Issue or use invoices or evidence of political party spending or candidate, altering the actual cost of the goods or services provided;
XX. Usurpe the box official character, or
XXI. Proview goods and services to election campaigns without being part of the voter roll suppliers authorised by the administrative electoral body.
Article 8. It will be imposed from fifty to two hundred days fine and imprisonment of two to six years, to the electoral officer who:
II. refraining from complying, without justified cause, with the obligations of his office, in prejudice to the electoral process;
III. Obstruct the normal development of voting without a justified cause;
IV. Alter election results, subtract or destroy ballots, documents or materials election;
V. Do not deliver or prevent the timely delivery of documents or election materials, without mediating cause justified;
VI. Induce or exert pressure, in the exercise of its functions, on the electors to vote or abstain from voting for a political party, coalition or candidate;
VII. Install, open, or close a box outside of the times and forms provided by the law of the material, install it in place other than the legally stated, or prevent its installation;
VIII. Express or order, without cause provided by law, the withdrawal of the polling station representatives of a political party or independent candidate or electoral observers legally accredited or preventing the exercise of the rights granted to them by the law;
IX. Allow a citizen to issue their vote knowing that they do not comply with the requirements of the law or that one or more ballot papers are illegally entered in the ballot box;
X. Disclose, in a public and dolous manner, fake news around the development of the day election or with respect to their results, or
XI. Perform election functions that have not been legally entrusted to you.
Article 9. A hundred days fine and imprisonment of two to six years shall be imposed on the party official or the candidate who:
I. Exercise pressure or induce voters to vote or abstain from voting for a candidate, political party or coalition, the day of the election or any of the three days preceding it;
II. Perform or distribute election propaganda during election day;
III. Subtract, destroy, alter, or misuse documents or election materials;
IV. hinder the normal development of the vote or subsequent acts without to mediate justified cause, or to engage in violence on election officials;
V. Disclose, in a public and painful way, fake news around the development of the day(b) the results of the elections;
VI. Prevent the installation, opening or closing of a box, as well as counting and counting, the transfer and delivery of the packages and electoral documentation, or the proper exercise of the tasks of the electoral officers;
VII. Refrain from accounting or performing the check or justification of expenses ordinary campaign events or campaign expenses of any political party, coalition, national political grouping or candidate, once it has been legally required within the scope of its powers;
VIII. During the preparation stage of the election or election day, request votes for pay, promise of money, reward or any other consideration;
IX. Hide, alter or deny information that is legally required by the authority competent election, or
X. Use invoices or evidence documents of political party or candidate expense, altering the actual cost of the goods or services provided.
Article 10. It will be imposed from two hundred to four hundred days fine and imprisonment of one to nine years, to whom:
I. Within the scope of its powers, refrain from reporting or giving false information about the the remaining resources and public assets of political parties or political groupings that have lost their registration, having been required by the authority;
II. Within the scope of its powers, refrain from transmitting ownership or ownership of the goods acquired with public financing or the remnants of such financing, once the political party or the political grouping of which it has formed or has been a party has lost the registration, upon request of the electoral authority competent;
III. Without being authorized to dispose, grave or donate the movable or immovable property, which is a political party or political party that has lost its registration.
Article 11. It will be imposed from two hundred to four hundred days fine and imprisonment of two to nine years, to the public servant that:
I. Coactuate or threaten your subordinates to participate in proselytizing events of pre-campaign or campaign, to vote or abstain from voting for a candidate, political party or coalition;
II. Conditioning the provision of a public service, compliance with government programs, the granting of concessions, permits, licences, authorizations, franchises, exemptions or the carrying out of public works, in the field of their competence, to the issue of suffrage in favour of a candidate, candidate, political party or coalition; abstention from the exercise of the right to vote or to a commitment not to vote for a candidate, candidate, party or coalition.
If the conditioning of the government program is done using programs of social nature, up to a third of the penalty provided for in this Article;
III. Destine, use or permit the use, in an illegal manner of funds, goods or services that has at its disposal, by virtue of its position, the support or prejudice of a precandidate, political party, coalition, political grouping or candidate, without prejudice to any penalties that may correspond to the offence of peculing;
IV. Provide support or provide some service to a precandidate, political party, coalition, the political grouping or candidate, whether it does so by itself or through its subordinates, in its work schedules;
V. Ask your subordinates, by any means, for contributions of money or in kind for supporting a candidate, candidate, political party, coalition or political grouping, or
VI. refrain from delivering or denying, without justified cause, the information requested to you by the competent electoral authority, related to oversight functions.
Article 12. The suspension of their political rights will be imposed for up to six years for those who, having been elected to a post of popular choice, will not be present, without justified cause to the judgment of the Chamber, the Legislative Assembly or the respective Cabildo, to carry out the charge, within the period foreseen for that effect in the respective legal order.
Article 13. It will be imposed from sixty to two hundred days fine and imprisonment of three to seven years, to whom:
I. By any means alter or participate in the alteration of the Federal Register of Electors, Voter registration or voter list or participate in the illicit issuance of one or more voting credentials with photography.
A who by itself or through third parties request, promote, move, subsidize, manage, hire services or property for one or more persons to provide false documents or information to the Federal Register of Electors, Electoral Register or Listings of Electors, shall be imposed up to one-half more than the corresponding penalty according to the first paragraph of this article.
A who by itself or through third parties, by threat or promise of employment, pay or gift, or promise of the delivery of any type of resource or, request or promote that one or more persons turn over false information to the Federal Register of Electors, Electoral Register or List of Electors, will be imposed up to one half more of the sanction that corresponds according to the first paragraph of this article;
II. Alter, falsify, destroys, owns, uses, acquires, commercializes, supplies, or transmits illegal manner, files or data of any nature, relating to the Federal Register of Electors, Electoral Register or List of Electors.
In case of public servant, party official, pre-candidate or candidate who intervene in the commission of the conduct prohibited in this article, the penalty shall be increased by up to one third.
Article 14. Two-to nine-year prison, pre-candidate, candidate, party official or campaign event organizers will be imposed. funds, goods or services in the terms of Section III of Article 11 of this Law.
Article 15. It will be imposed from a thousand to five thousand days fine and from five to fifteen years of imprisonment to which by itself or by interposite person perform, dedine, use or receive contributions of money or in kind in favor of any candidate, candidate, political party, coalition or political grouping when there is a legal prohibition for it, or when the funds or assets have an illicit origin, or in amounts that exceed permitted by law.
The penalty provided for in the preceding paragraph will be increased by up to one half when the conduct is carried out in support of a pre-campaign or election campaign.
Article 16. They will impose a hundred to five hundred days fine on ministers of religious worship who, in the development of acts of their own ministry, or who in the exercise of religious worship, pressure on the sense of vote or expressly induce the electorate to vote or abstain from voting for a candidate, political party or coalition.
Article 17. hundred to five hundred days will be imposed, a fine to whom being obliged to unjustifiably refuse to attest to facts or to certify documents concerning the choice.
Article 18. Four hundred days fine will be imposed on those who have been electoral magistrates, federal or local, electoral counselors, national or local, executive secretary of the National Electoral Institute or equivalent position in the electoral local public bodies of the federative entities, perform or are appointed in public office by the Executive Powers or Legislature whose election they have qualified or participated, assume positions of party leadership or are nominated for positions of popular choice, within two years of the conclusion of their order.
Article 19. It will be imposed from fifty to one hundred days fine and imprisonment of six months to three years, to whom during the popular consultation procedure:
I. Do proselytizing or objectively press the voters on the day of the day of consultation popular, inside the boxes or in the place where the voters are formed, in order to guide the sense of their vote or to refrain from issuing it;
II. hinder or interfere with the counting and counting of the popular query; enter or subtract from the ballot boxes one or more ballots used in the popular query or enter false ballots;
III. Request votes for pay, promise of money or other reward to cast your vote or abstain issue in the popular query, during the popular query procedure.
Article 20. It will be imposed from two hundred to four hundred days fine and imprisonment of two to nine years, to the public servant that during the consultation procedure popular:
I. Co-operate, induce, or threaten subordinates to vote or abstain from voting for a option within the popular query;
II. Conditioning the provision of a public service, compliance with government programs, the granting of concessions, permits, licenses, authorizations, franchises, exemptions or the realization of public works, in the field of their competence, to the issue of suffrage in favor of an option within the popular consultation.
COMPETENCIES, POWERS AND COORDINATION BETWEEN FEDERATION AND FEDERAL ENTITIES
Skills and Faculties
Article 21. The authorities of the Federation shall be competent to investigate, prosecute and punish the offences established in this Law when:
I. Sean committed during a federal election process;
II. Update any of the competition rules provided for in the Organic Power Law Judicial of the Federation;
III. Start, prepare, or commit overseas, as long as it produces or is intended to it has an effect on the national territory, or when it is initiated, prepared or committed in the national territory, provided that it produces or is intended to have an effect on the foreign in terms of Articles 2, 3, 4, 5 or 5. and 6o. of the Federal Criminal Code or the Organic Law of the Judicial Branch of the Federation, or
IV. The Federal Public Ministry exercises the power of attraction when any of the the following assumptions:
a. When common fuero crimes have a connection with federal crimes, or
b. When the National Electoral Institute exercises its faculty for the organization of some local electoral process, in terms of the provisions of the Constitution.
Article 22. The authorities of the federal entities shall be competent to investigate, prosecute, prosecute and punish the offences established in this Law. where the Federation is not competent in accordance with the provisions of the previous Article.
Of Coordination between Federation and Federative Entities
Article 23. The authorities of the various government orders shall provide the assistance required by the competent authority in accordance with the provisions of this Law. and other applicable provisions.
Article 24. The Office of the Attorney General of the Republic, through the Office of the Prosecutor General in the field of Electoral Crimes or the public servant delegates the faculty, the procuratorates and procuratorates of the federative entities, in the field of their competences based on the twenty-first section, paragraph (a) of the article 73 constitutional and the provisions of this Law, will have to coordinate for:
I. Develop coordination and collaboration mechanisms between the Federation, the entities Federativas, the municipalities and the political-administrative organ of their territorial demarcations, in order to strengthen the combat of the crimes foreseen in this Law;
II. Drive coordination agreements between Federal Government dependencies and entities (a) to provide assistance with regard to the procurement of electoral;
III. Implement a national system of training, updating, training, and professionalization of the public servants involved in the investigation and prosecution of the crimes provided for in this Law;
IV. Set the standardized protocols for the Federation and the federative entities in the investigation and prosecution of the offences provided for in this Law, including the use of public force;
V. Facilitate the cooperation and exchange of information between the various instances of (b) the State of Justice in the country in the field of electoral;
VI. Collect and exchange the data and crime statistics of the crimes foreseen in this Act, in accordance with applicable law;
VII. Formulate systematic, continuous and evaluable comprehensive policies, as well as programs and strategies for combating the conduct provided for in this Law;
VIII. Encourage the participation of the community and academic institutions that contribute to the processes for the assessment of policies for the prevention of conduct under this Law, and
IX. The others that establish this Act and other applicable provisions.
Article 25. The procuratorates and procuratorates of the federative entities must have specialized prosecutors in electoral crimes, endowed with the resources human, financial and material that they require for their effective operation.
Article 26. Programs and actions for the prevention of electoral crimes will be carried out in terms of the collaboration agreement signed by the Attorney General of the Republic and the National Electoral Institute. The dissemination of these programs and actions will be carried out as part of the civic education campaigns carried out by the National Electoral Institute in coordination with the Attorney General's Office.
Article First. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation, except as provided for in the following transient items.
Article 2. The criminal proceedings initiated before the entry into force of this Decree in respect of the offences provided for therein shall be followed. processing until their conclusion in accordance with the provisions in force at the time of the commission of the facts that gave them origin, except that this Law is more beneficial. The same shall be observed in respect of the execution of the corresponding penalties.
Article Third. All legal provisions that are opposed to this Decree are repealed.
Article Fourth. The Congresses of the States and the Legislative Assembly of the Federal District will proceed to make the relevant reforms in the specific laws, in order to harmonise them in accordance with this Law, within a period not longer than six months after the entry into force of this Law.
Article Fifth. The implementation of this Decree shall be carried out by the respective budgets of the federation and the federal entities.
Article Sixth. The references that this Law makes to criminal procedural law, shall be construed as the criminal procedural laws of the Federation and the federal entities, as long as the National Code of Criminal Procedures is in force.
Article Seventh. In accordance with the provisions of the Eighth Transitional Article of the Decree for reform, various provisions of this Decree are added and repealed. The Political Constitution of the United Mexican States, in political and electoral matters, published in the Official Journal of the Federation on February 10, 2014, the Senate of the Republic shall appoint, by approval of two thirds of its Members present, to the Head of the Public Prosecutor's Office Electoral Crimes of the Attorney General's Office. Such appointment shall be made within 60 days from the entry into force of this Decree.
Mexico, D. F., on May 14, 2014.-Sen. Raul Cervantes Andrade, President.-Dip. José González Morfin, President.-Sen. Iris Vianey Mendoza Mendoza, Secretariat.-Dip. Xavier Azuara Zuniga, Secretary.-headings."
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 this Decree in the Federal Executive Branch, in Mexico City, Federal District, at twenty-two in May of two thousand fourteen.- Enrique Peña Nieto.-Rubrias.-The Secretary of the Interior, Angel Osorio Chong.-Heading.