General Law For The Social Prevention Of Violence And Crime

Original Language Title: Ley General para la Prevención Social de la Violencia y la Delincuencia

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EXECUTIVE BRANCH

SECRETARY OF GOVERNMENT

General Law for the Social Prevention of Violence and Crime.

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

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:

THE GENERAL LAW FOR THE SOCIAL PREVENTION OF VIOLENCE AND CRIME

UNICO ARTICLE.- The General Law for the Social Prevention of Violence and Crime is issued.

GENERAL LAW FOR THE SOCIAL PREVENTION OF VIOLENCE AND CRIME

FIRST CHAPTER

GENERAL PROVISIONS

Article 1.- This Law is of public order and social interest and of general observance throughout the national territory and aims to establish the bases of coordination between the Federation, the States, the Federal District and the Municipalities in the field of social prevention of violence and crime within the framework of the National System of Public Security, provided for in Article 21 of the Political Constitution of the States United Mexicans.

Article 2.- The social prevention of violence and crime is the set of public policies, programs and actions aimed at reducing risk factors that favor the generation of violence and crime, as well as combating the various causes and factors that generate it.

Article 3.- The planning, programming, implementation and evaluation of public policies, programs and actions will be carried out in the various fields of competence, through the Public Security Institutions and other authorities which, by reason of their privileges, must contribute directly or indirectly to the fulfilment of this Law, and must observe at least the following principles:

I. Unrestricted respect for human rights;

II. Integrality. The State, in its various government orders, will develop effective comprehensive public policies for the prevention of violence and crime, with citizen and community participation;

III. Intersectoriality and transversality. It consists of the articulation, approval and complementarity of public policies, programs and actions of the various government orders, including those of justice, public security, social development, economy, culture and human rights, with particular attention to communities, families, girls and boys, women, as well as young people at risk;

IV. Joint work. It includes the development of joint actions between the authorities of the different government orders, as well as the different sectors and groups of civil society, organized and not organized, as well as the academic community in a way solidarity, to contribute to the social prevention of violence and crime and to the improvement of the quality of life of society;

V. Continuity of public policies. In order to guarantee the socio-cultural changes in the medium and long term, through the strengthening of the mechanisms of citizen and community participation, allocation of budget, monitoring and evaluation;

VI. Interdisciplinarity. It consists of the design of public policies taking into account the knowledge and tools of different national and international disciplines and experiences;

VII. Diversity. It consists in considering the specific needs and circumstances determined by the local territorial context, gender, ethnic, socio-cultural, religious origin, as well as the needs of vulnerable or at-risk groups, by means of differentiated comprehensive care and affirmative actions;

VIII. Proximity. It includes the peaceful resolution of conflicts, with clear, coherent and stable strategies, respect for human rights, the promotion of the culture of peace and on the basis of Community social work, as well as permanent contact with social and community actors, and

IX. Transparency and accountability. In the terms of applicable laws.

Article 4.- For the purposes of this Law:

I. National Center: The National Center for the Prevention of Crime and Citizen Participation, Administrative Unit of the Executive Secretariat of the National Public Security System;

II. Commission: The Standing Committee on Crime Prevention and Citizen Participation of the National Public Security Council;

III. National Council: The National Public Security Council;

IV. Law: The General Law for the Social Prevention of Violence and Crime;

V. Citizen and Community participation: The participation of the different sectors and groups of civil society, organized and not organized, as well as the academic community;

VI. National Program: The National Program for the Social Prevention of Violence and Crime;

VII. Annual Programme: The National Centre's annual work programme;

VIII. Regulation: The Regulation of the General Law for the Social Prevention of Violence and Crime;

IX. Secretariat Executive: The Executive Secretariat of the National Public Security System;

X. Secretary Executive: The Head of the Executive Secretariat, and

XI. Violence: The deliberate use of power or physical force, whether in a threat or effective degree, against oneself, another person or a group or community, causing or likely to cause injury, death, psychological damage, disorders of development or privations. The various manifestations of violence such as gender, youth, criminal, institutional and social, among others, are included.

Article 5.- As not provided for in this Law, the provisions contained in the General Law of the National Security System shall apply in accordance with their nature and in an additional manner. Public.

CHAPTER SECOND

OF SOCIAL PREVENTION OF VIOLENCE AND CRIME AND CARE FOR VICTIMS

Article 6.- The social prevention of violence and crime includes the following areas:

I. Social;

II. Community;

III. Situational, and

IV. Psychosocial.

Article 7.- The social prevention of violence and crime in the social field will be carried out by:

I. Comprehensive social, cultural and economic development programmes that do not produce stigmatization, including health, education, housing, employment, sport and urban development;

II. Promoting activities that eliminate marginalization and exclusion;

III. Promoting the peaceful resolution of conflicts;

IV. Education and awareness strategies of the population to promote the culture of legality and tolerance while respecting the diverse cultural identities. It includes both general programs and those focused on social groups and communities in high conditions of vulnerability, and

V. Programs will be established that modify the social conditions of the community and generate opportunities for development especially for groups in situations of risk, vulnerability, or affectation.

Article 8.- Prevention at Community level aims to address the factors that generate violence and crime through citizen and community participation and includes:

I. Citizen and community participation in actions aimed at establishing the priorities of prevention, through participatory diagnoses, the improvement of the security conditions of their environment and the development of practices that encourage a culture of prevention, self-protection, citizen denunciation and the use of alternative dispute resolution mechanisms;

II. Improving community access to basic services;

III. Promoting community development, co-existence and social cohesion among communities in the face of local problems;

IV. Citizen and community participation, through mechanisms that guarantee their effective citizen intervention in the design and implementation of plans and programs, their assessment and sustainability, and

V. The promotion of the activities of civil society organisations.

Article 9.- The prevention in the situational field is to modify the environment to promote coexistence and social cohesion, as well as to reduce the risk factors that facilitate violence and criminal incidence, by:

I. The improvement and regulation of urban, rural, environmental and industrial design, including public transport and surveillance systems;

II. The use of new technologies;

III. Surveillance while respecting privacy and privacy rights;

IV. Administrative measures aimed at reducing the availability of commission means or facilitators of violence, and

V. The implementation of strategies to ensure the non-repetition of cases of victimization.

Article 10.- Prevention in the psychosocial field aims to influence individual motivations towards violence or criminogenic conditions with reference to individuals, family, school and community, which includes at least the following:

I. To promote the design and implementation of training programs in life skills, aimed primarily at the population at risk and vulnerability;

II. The inclusion of the prevention of violence, crime and addictions, in public policies in the field of education, and

III. Strengthening institutional capacities to ensure the sustainability of preventive programmes.

Article 11.- Access to justice and comprehensive care for victims of violence or crime should consider assistance, protection, damage repair and double prevention. victimization, through:

I. Immediate and effective care for victims of crime, in terms of the emotional impact and legal process, by ensuring their rights and security as a matter of priority;

II. Specialized, immediate and subsequent psychological care performed by professionals, considering different therapeutic modalities;

III. Specific attention to the impact on particularly vulnerable groups to develop problems arising from violent crime;

IV. Respond to requests or requests for intervention by victims of violence and crime, through the mechanisms created for that purpose, and

V. Comprehensive repair of damage including public recognition, repair of moral and material damage, and non-repetition guarantees.

THIRD CHAPTER

OF THE COORDINATION INSTANCES

First Section

Of The National Public Security Council

Article 12.- The National Council will be the ultimate body for the coordination and definition of the policy of social prevention of violence and crime.

The National Council will have the Executive Secretariat of the National Public Security System to coordinate and implement the policy of social prevention of violence and crime. support for this in the National Center, in terms of the General Law of the National System of Public Safety and other applicable regulations.

To monitor compliance with applicable provisions, the Executive Secretariat will coordinate with the Commission.

Article 13.- The National Council's powers in the field of social prevention of violence and crime are:

I. Define strategies for inter-institutional collaboration to facilitate the cooperation, contacts and exchange of information and experiences between the Federation, the federative entities and the municipalities; as well as with civil society organizations, educational or research centres, or any other group of experts or networks specialised in prevention;

II. Establish guidelines for the collection, analysis and sharing of existing information on the social prevention of violence and crime, analysis of best practices, their evaluation, as well as their evolution between the three orders of Government of the National Public Security System, in order to contribute to the decision-making process;

III. To convene the authorities of the three government orders, within the National Public Security System, responsible or linked, whose role has an impact on social prevention in order to coordinate actions;

IV. Report to the company annually on its activities through the competent bodies, and indicate the priority areas of action of its work programme for the following year;

V. Promote the generation of standardized indicators and metrics for members of the National Public Security System in the field of violence and crime prevention, which at least will be disaggregated by age, gender, location geographical and ethnic membership, and

VI. Other legal provisions and those necessary for the functioning of the National Public Security System in the matters of this Law.

Section Second

From The Executive Secretariat

Article 14.- The Executive Secretariat of the National Public Security System for the social prevention of violence and crime will have the following powers:

I. Develop in coordination with the other bodies of the National Public Security System, the proposals for the content of the National Program for the Social Prevention of Violence and Crime, and all those related to this matter;

II. Propose to the National Public Security Council, public policies, programs and actions in the field of social prevention of violence and crime;

III. Implement and follow up the agreements and resolutions of the National Council and its President on the matter;

IV. Disseminate statistical information on the incidence of crime and the social prevention of violence and crime, and

V. All the privileges conferred on the Executive Secretariat in the General Law of the National Public Security System and other legal provisions.

Third Section

From the National Center for Crime Prevention and Citizen Participation

Article 15.- The National Center shall have, in addition to those conferred on it by the General Law of the National Public Security System and other applicable provisions, the following privileges:

I. Participate in the elaboration of the National Program for the Social Prevention of Violence and Crime;

II. Prepare its annual work programme and submit it to the Executive Secretary's approval;

III. Gather information about crimes and their trends, the groups of greatest victimization, and projects focused on prevention and outcomes;

IV. Make participatory diagnoses in the field of social prevention of violence and crime;

V. Generate mechanisms for citizen and community participation, public human rights organizations and higher education institutions for the diagnosis and evaluation of public policies in the field of prevention;

VI. Plan the execution of prevention programs and forms of evaluation, with the approval of the Executive Secretary;

VII. Collaborate on the scientific design of criminological policies;

VIII. Develop risk maps on violence and crime in collaboration with other authorities on the basis of information collected by the National Centre, which will be correlated with the social, economic and educational conditions of the locations;

IX. Conduct in coordination with other institutions national surveys of victimization in households, with the periodicity that is considered appropriate;

X. Identify priority or emerging issues that put at risk or directly affect public safety from a citizen perspective;

XI. Formulate recommendations on the implementation of victimization prevention measures;

XII. To assess the efficiency and effectiveness of public policies, programmes and actions for the social prevention of violence and crime;

XIII. Carry out comparative studies of official crime statistics;

XIV. Promote among the authorities Federal, State, Federal District and Municipalities the participation of citizens and community in the tasks of social prevention of violence and crime;

XV. To ensure the free access of the population to statistical information on crime and the social prevention of violence and crime;

XVI. Carry out and disseminate studies on the causes and factors that converge in the phenomenon of criminality;

XVII. Issue guidelines and create the necessary mechanisms to ensure that citizens ' concerns, requirements and proposals are elevated to the National Council;

XVIII. Generate and gather information about:

a) The structural causes of crime;

b) Unreported illicit conduct statistics;

c) Demographic partner diagnostics;

d) Prevention of child and youth violence;

e) Eradication of violence between vulnerable groups, and

f) Models of comprehensive care for victims;

XIX. Organize and disseminate the results and conclusions of conferences, seminars, meetings and other actions aimed at deepening technical aspects of national and international experiences on the social prevention of violence and the crime;

XX. Provide advice to federal authorities, federal authorities, municipal authorities, as well as to civil society, whether organized or not, when they so request;

XXI. Propose to the Executive Secretariat the conclusion of agreements for the training, training, specialization and updating of public servants whose functions have an impact on the social prevention of violence and crime;

XXII. Exchange and develop mechanisms for learning international experiences;

XXIII. Disseminate the collection of national and international best practices on social prevention of violence and crime, and the criteria for such determination;

XXIV. To analyze the concerns, requirements and proposals of the citizens through the instances created to the effect, based on the guidelines and mechanisms established by the Regulation;

XXV. Respond to the issues raised by citizen and community participation, and

XXVI. Other legal provisions to be laid down.

Section Fourth

From the Standing Committee on Crime Prevention and Citizen Participation

Article 16.- The Commission shall, in addition to those conferred on it by the General Law of the National Public Security System and other applicable provisions, have the following privileges:

I. Support the Executive Secretariat in monitoring compliance with the general, special and institutional programs of the agencies whose functions have an impact on the social prevention of violence and crime;

II. Propose as a result of the evaluation of the programs, mechanisms to improve their results;

III. Support the National Center in promoting citizen and community participation in the social prevention of violence and crime, and

IV. Propose to the National Council the standards and methodologies of evaluation to measure the impact of the programs in the matters of this Law.

CHAPTER FOURTH

OF COORDINATION OF PROGRAMS

Article 17.- The national, sectoral, special and institutional programs that have an impact on the social prevention of violence and crime should be designed considering participation inter-agency with a multidisciplinary approach, emphasizing collaboration with universities and research-oriented entities, will also be oriented to counteract, neutralize or decrease risk factors and consequences, and social and community impact of violence and crime.

The programs will tend to have a multiplier effect, encouraging the participation of the authorities of the Federal Governments, the States, the Federal District and the Municipalities, public bodies of human rights and civil, academic and community organizations in the diagnosis, design, implementation and evaluation of public policies and the social prevention of violence and crime.

Article 18.- Social prevention policies should be evaluated with the participation of academic institutions, professionals, specialists in the field, and civil society organizations.

Article 19.- In compliance with the purpose of this Law, the authorities of the Federal Governments, States, the Federal District and the Municipalities, within the scope of their powers, shall:

I. Provide information to communities to deal with problems arising from crime; provided that it does not violate the principles of confidentiality and reservation;

II. Support the exchange of experiences, academic research and practical application of evidence-based knowledge;

III. Support the organization and systematization of successful experiences in combating crime;

IV. Share knowledge, as appropriate, with researchers, regulatory bodies, educators, specialists from other relevant sectors and society at large;

V. Repeat successful interventions, devise new initiatives and forecast new crime problems and prevention possibilities;

VI. Generate specialized databases to manage the social prevention of violence and crime, as well as reduce the victimization and persistence of crimes in areas with high levels of crime;

VII. Conduct periodic studies on victimization and crime, and

VIII. Promote citizen and community participation in the social prevention of violence and crime.

CHAPTER QUINTO

OF THE NATIONAL PROGRAM FOR THE SOCIAL PREVENTION OF VIOLENCE AND CRIME

Article 20.- The National Program should contribute to the overall objective of providing people with protection in the areas of freedom, security and justice, based on precise, clear and objective objectives. measurable, through:

I. The incorporation of prevention as a central element of priorities in the quality of life of people;

II. The diagnosis of safety through the systematic analysis of the problems of crime, its causes, risk factors and consequences;

III. Participatory diagnostics;

IV. Priority areas and groups to be addressed;

V. The promotion of the training of public servants whose privileges are related to the subject matter of this law, which will include the holding of seminars, studies and research or training programmes between others, to ensure that their interventions are appropriate, efficient, effective and sustainable;

VI. The mobilisation and construction of a series of inter-institutional actions that have the capacity to address the causes and include civil society;

VII. The development of strategies for the social prevention of violence and crime, and

VIII. Continuous monitoring and evaluation.

The authorities of the Federal Governments, the States, the Federal District and the Municipalities in the field of their respective powers, must include the social prevention of violence and crime. in your plans and programs.

Article 21.- For the implementation of the National Programme, the National Centre will prepare an annual work programme containing specific objectives, thematic priorities and a list of actions and accompanying measures.

First Section

Of The Assessment

Article 22.- The National Center will evaluate the actions taken to execute the annual program and the results of the previous year. The outcome of the assessment shall be forwarded to the National Council who shall make it public in terms of the applicable provisions.

For the evaluation of the actions referred to in the programs, public human rights organizations, academic institutions, and civil society organizations will be convened.

The results of the evaluations will determine the continuity of the programs.

Article 23.- The National Center shall contribute to the National Council for the Evaluation of Social Policy or other governmental or social bodies for the development of evaluations. respective.

Section Second

Citizen and Community Participation

Article 24.- Citizen and community participation, organized or not organized, in the field of social prevention of violence and crime, is a right of people.

Article 25.- Citizen and community participation, organized or not organized, becomes effective through the actions of people in the communities, in the neighborhood networks, organizations for the social prevention of violence and crime, in the councils of Citizen Participation, in the National Center or through any other local or legal mechanism, created by virtue of their needs.

Article 26.- The coordination between the different mechanisms and spaces for citizen participation, both community and local, will be a fundamental objective of the National Center, for which will develop clear guidelines for participation and consultation.

CHAPTER SIXTH

OF THE FINANCIAL

Article 27.- Federal programs, states, the Federal District, or municipal, in the field of social prevention of violence and crime, should be covered with to their respective budgets and to the bases established by this Law, the General Law of the National Public Security System and other applicable legal provisions.

Article 28.- The Federation, the States, the Federal District and the Municipalities will provide in their respective budgets resources for the diagnosis, design, execution and evaluation of programmes and actions for the social prevention of violence and crime arising from this Law.

Article 29.- The National Center will propose, with the approval of the Executive Secretary, the development of financing mechanisms for civil society projects. municipalities or federal entities that have a direct impact on priority issues of social prevention of violence and crime, based on the guidelines issued for such effects by the National Council, assuring the coordination of actions to avoid duplication in the exercise of resources.

CHAPTER SEVENTH

OF THE SANTIONS

Article 30.- Non-compliance in the exercise of the obligations arising out of this Law shall be sanctioned in accordance with the law on liability administrative of the public servers.

TRANSIENT

ARTICLE FIRST. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.

ARTICLE SECOND. The Federal Executive will issue the respective Regulations within up to one hundred and eighty calendar days from the entry into force of this Decree

ARTICLE THIRD. The Chamber of Deputies of the H. Congress of the Union, the legislatures of the States and the Legislative Assembly of the Federal District will issue the legal and take appropriate budgetary measures to ensure compliance with the General Law for the Social Prevention of Violence and Crime, in the fiscal year following the entry into force of this decree.

ARTICLE FOURTH.- The programs, projects and other actions that, in compliance with the provisions of this Law and because of its competence, correspond to the dependencies and entities of The Federal Public Administration shall be subject to the budgetary availability to be approved for such purposes in the Federation's Government Budget and the provisions of the Federal Budget and Liability Act.

Mexico, D. F., as of December 8, 2011.-Sen. José González Morfin, President.-Dip. Emilio Chuayffet Chemor, President.-Sen. Ludivina Menchaca Castellanos, Secretary.-Dip. Guadalupe Pérez Domínguez, Secretariat.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I hereby express my request for the Decree at the Residence of the Federal Executive Branch, in Mexico City, Federal District, at twenty January of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Rubrica.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.- Heading.