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GENERAL LAW TO PREVENT AND PUNISH CRIMES IN THE FIELD OF KIDNAPPING, REGULATION OF THE 21ST FRACTION OF ARTICLE 73 OF THE POLITICAL CONSTITUTION OF THE STATES U.S. MEXICANS
Official Journal of the Federation on November 30, 2010
Last reform published in the DOF on June 3, 2014
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 TO PREVENT AND PUNISH CRIMES IN THE FIELD OF ABDUCTION, REGULATION OF THE 21ST FRACTION OF THE ARTICLE 73 OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES; AND VARIOUS PROVISIONS OF THE FEDERAL CODE OF CRIMINAL PROCEDURES, OF THE FEDERAL PENAL CODE, OF THE FEDERAL LAW AGAINST ORGANIZED CRIME ARE REFORMED, ADDED AND REPEALED. OF THE ORGANIC LAW OF THE JUDICIARY OF THE FEDERATION, OF THE LAW OF THE FEDERAL POLICE, FEDERAL TELECOMMUNICATIONS LAW, AND NATIONAL PUBLIC SAFETY SYSTEM GENERAL LAW
ARTICLE FIRST. The General Law to Prevent and Punish the Crimes in the Matter of Kidnapping, Regulatory of the 21st fraction of article 73 of the Political Constitution of the United Mexican States, is issued to remain as follows:
GENERAL LAW TO PREVENT AND PUNISH CRIMES IN THE FIELD OF KIDNAPPING, REGULATION OF THE 21ST PART OF THE ARTICLE 73 OF THE POLICY CONSTITUTION OF THE MEXICAN UNITED STATES
Chapter I
General Provisions
Article 1. This Law is a regulation of the first paragraph of Article 73 of the Political Constitution of the United Mexican States in the first paragraph of Article 73 abduction matter. It is of public order and of general observance throughout the Republic and aims to establish the penal types, their sanctions, the measures of protection, attention and assistance to offended and victims, the distribution of competences and forms of coordination between government orders. To this end the Federation and the Federative Entities, in the field of their competences, will be obliged to coordinate in the fulfillment of the object of this Law.
The Judicial Powers of the Federation and the Federative Entities shall order, of their own motion, the proof of the evidence they deem necessary, as well as all the measures to provide, in accordance with the circumstances which are assessed during the development of the criminal proceedings of their jurisdiction, to give priority and to ensure in any event the freedom, security and other rights of the victims and offence of the offences provided for in this order.
Article 2. This Law establishes the types and penalties for kidnapping. The Federal Criminal Code, the Federal Code of Criminal Procedures, the Federal Law against Organized Crime, and the Code of Procedure will be applicable to the investigation, prosecution, punishment, and everything related to the procedure. criminal law of the States.
In the absence of sufficient regulation in the codes of criminal procedures of the Federative Entities with respect to the techniques for the investigation of the crimes regulated in this Law, the research techniques provided for in the Federal Code of Criminal Procedures may be applied.
Those accused by the commission of any of the crimes referred to in Articles 9, 10, 11, 17 and 18 of this Law, during the criminal proceedings will be subject to imprisonment. preventive.
Article 3. The Public Ministry, in all cases, will proceed on its own initiative.
Article 4. For the purposes of this Law:
I. National Council: National Public Security Council.
II. Public Security Institutions: The law enforcement institutions, the prison system, the prison system, and public security agencies at the federal, local and municipal levels.
III. Law: General Law to Prevent and Punish the Crimes in the Matter of Kidnapping, Regulatory of the 21st fraction, of article 73 of the Political Constitution of the United Mexican States.
IV. Executive Secretary: The Head of the Executive Secretariat of the National Public Security System.
V. System: National Public Safety System.
VI. Fund: Support Fund for Victims and Offended;
VII. National Program: National Program for the prevention, prosecution and punishment of the crime of kidnapping.
VIII. Victim: Direct liability for the offences referred to in this Law.
IX. Offended: Those who in their character as the indirect taxable person resent the affectation of the crimes mentioned in this Law, because of the kinship for consanguinity to the fourth grade, and for affinity until the second, as well as those who depend The victim's economic life.
Article 5. The exercise of criminal action and the execution of sanctions for the crime of kidnapping are prescriptive.
Article 6. In the case of the crime of kidnapping, the reservation of the file will not proceed, even if the due diligence does not result make the entry to the courts and it does not appear that others can be practiced. The police, under the leadership and command of the Public Ministry, will be obliged at all times to carry out the investigations aimed at achieving the clarification of the facts.
Article 7. Only the judicial procedure initiated by the crime of kidnapping or crimes for related acts or derivatives thereof may be suspended, in the event that the defendant evaded the action of justice or is made available to another judge to claim it abroad.
Article 8. In all cases, the conviction that the crimes referred to in this Law will be dictated, will have to contemplate the repair of the damage to the victims, the amount of which will be fixed by the judge of the case with the elements that the parties provide to him or those he considers to have come to his judgment, in terms of the law.
Chapter II
From Abduction Matters
Article 9. To which you deprive the other of the freedom you will be applied:
I. From forty to eighty years of imprisonment and from a thousand to four thousand days fine, if the deprivation of liberty is effected for the purpose of:
a) Get, for yourself or for a third, rescue or any profit;
b) Stop as a hostage to a person and threaten to deprive him of life or cause him damage, to force your family members or a particular person to perform or stop performing any act;
c) Causing damage or harm to the private person of liberty or to third parties; or
d) Cometer sequestration express, from the very moment of its realization, understood by this one, which, in order to execute the crimes of theft or extortion, deprive of the freedom to another. The above, regardless of the other sanctions that are in accordance with this Law, correspond to other crimes that result from their conduct.
Article 10. The penalties referred to in Article 9 of this Law shall be aggravated by:
I. From fifty to ninety years of imprisonment and from four thousand to eight thousand days fine, if in the deprivation of liberty there are some or some of the following circumstances:
a) To be done on public road or instead of unprotected or solitary;
(b) Those who carry it out in a group of two or more persons;
c) To be done with violence;
d) That in order to deprive a person of his freedom, the property in which he/she is finds;
e) that the victim is under eighteen years of age or over sixty years of age, or that any other circumstance has no capacity to understand the meaning of the fact or ability to resist it;
f) That the victim is a woman in a state of pregnancy;
II. From fifty to one hundred years in prison and from eight thousand to sixteen thousand days fine, if in the deprivation of liberty there are any of the following circumstances:
a) That he or the authors are or have been members of a security institution public, of attorney's office or administration of justice, or of the Mexican Armed Forces, or are held as such without being so;
b) That he or the authors have links of kinship, friendship, gratitude, trust or relationship work with the victim or person related to it;
c) That during their captivity the victim will be caused some injury of the intended ones in the Articles 291 to 293 of the Federal Criminal Code;
d) That acts of torture or sexual violence have been exercised against the victim;
e) That during or after their captivity, the victim dies due to any alteration of their health resulting from the deprivation of liberty, or by prior illness that has not been adequately addressed by the perpetrators or participants of the crime.
The penalties referred to in this Article shall be imposed, without prejudice or independently of those corresponding to other offences than of the conduct to which they are apply.
Article 11. If the victim of the offences provided for in this Law is deprived of the life by the authors or members of the same, it shall be imposed Eighty-one hundred and forty years in prison and twelve thousand to twenty-four thousand days fine.
Article 12.- If the victim of the abduction is spontaneously released within three days of the deprivation of liberty, without achieving any of the Article 9 of this Law and without any of the aggravating circumstances of the offence being presented, the penalty shall be four to twelve years in prison and one hundred to three hundred days fine.
The same penalty shall apply to the person who has participated in the planning of any of the conduct referred to in this Chapter, of news of that fact to the authority and the victim is rescued alive.
The penalty mentioned in the first paragraph of this article shall apply to the person who has participated in the commission of any of the conduct referred to by the This Chapter makes it clear to the authority to prevent the offence from being committed and to provide factual information or sufficient evidence of conviction against the other participants in the event or, already committed, before the release of the offence. victim, provide, data or items referred to, in addition to information effective for release or locate the victim.
However, if the victim has been injured in the case of those provided for in Articles 291 to 293 of the Federal Criminal Code, the penalty shall be 18. Thirty-two years in prison and six hundred to a thousand days fine, as well as the placement of the devices of location and surveillance by the police authority for up to five years after their release.
In case of spontaneous release of the kidnapped within the first ten days, without achieving any of the purposes referred to in Article 9 of the present Law, and without any of the aggravating circumstances of the offence being presented, the applicable prison term shall be sixteen to thirty years and five hundred to a thousand days fine.
Article 13. It will impose a penalty of two hundred and seven hundred days of work in favor of the community, to the one who will simulate for himself or for an interposite person, the deprivation of their freedom with any of the purposes set out in Article 9 of this Law.
Article 14. Four to sixteen years of imprisonment will be imposed on you to simulate the deprivation of a person's freedom, with the intention of obtaining one of the purposes referred to in Article 9 of this Law.
The same penalty shall be imposed on the person who threatens in any way a person to deprive her of liberty or to deprive any member of her family or with whom is linked by any link, with any of the purposes set out in Article 9 of this Law.
Article 15. It will be worth four to sixteen years in prison and one thousand four hundred to three thousand days fine, to which:
I. After the execution of any of the behaviors provided for in Articles 9 and 10 of this Law, and without having participated in any of them, acquire or receive the product of the same in the knowledge of this circumstance;
II. Provide assistance or cooperation to the author of any of the conduct provided for in Articles 9 and 10 of this Law, with knowledge of this circumstance, by agreement after the victim's release;
III. Hide or favor the concealment of the person responsible for executing any of the behaviors provided for in Articles 9 and 10 of this Law, with knowledge of this circumstance, as well as the effects, objects or instruments of the same or prevent that find out;
IV. Alter, modify or illicitly destroy the place, traces or vestiges of the criminal acts referred to in this Law, and
V. Divert or impede the investigation of any of the conduct provided for in Articles 9 and 10 of this Law, or favor the defendant's failure to bring about the action of justice.
The penalty provided for in this article shall not apply in the case of fraction III, as regards the concealment of the infringer, in the case of:
(a) Ascending or directly related ascendants or descendants, and
b) Spouse, concubine, concubinaire and collateral relatives by consanguinity to the second grade.
Article 16. It will be worth four to sixteen years in prison and four hundred to two thousand days fine, to the public servant who:
I. Disclose, without reason, confidential or confidential information, related to the conduct sanctioned by this Law, except that it relates to the information or images obtained in a private communication intervention, in this case it will be applied the provisions of the Federal Criminal Code, or
II. Disclose, without reason, techniques applied to the investigation or prosecution of the conduct provided for in this Law.
If the subject is or has been a member of an institution of public security, of justice, of the centers of preventive or penitentiary detention, the It will be from four years six months to thirteen years in prison, as well as the fine and time of placement of location and surveillance devices will be increased from one third to two thirds.
Article 17. It will apply a sentence of nine years to twenty-six years in prison and four hundred to two thousand days of fine to the public servant who, having privileges in prevention, investigation, prosecution or imparting of justice or supervision and custody in the centres of deprivation of liberty or penitentiary, refrain from reporting to the Public Ministry or, in case of urgency, to the police, the commission of any of the offences foreseen in this Law, or to make known immediately to the Ministry of Public Information, evidence or any other related data, directly or indirectly, with the preparation or commission of the conduct provided for in this Law.
Article 18. For any sentence of any of the offences provided for in this Law which is or has been a public servant of any of the institutions the police, the law enforcement, the prison system and public security agencies, will be applied as part of the penalty for the disqualification to occupy a job, position or commission in the federal, local or federal public service from a period equal to that of the prison sentence imposed on him by the the crime in which it incurred until final disablement.
Any other public servant will be disqualified from holding a job, position or commission in the federal, local or municipal public service for up to a period equal to that of the prison term to be imposed. Such disablement shall take effect from the end of the prison term.
Article 19. Those sentenced for the crimes referred to in this Law shall not be entitled to the benefits of preparatory freedom, substitution, commutation of the sentence or any other involving reduction of the sentence.
Those who collaborate by providing reliable data or sufficient elements of conviction to the authority in the investigation and prosecution of other members of the organised crime or gangs of persons engaged in the commission of crimes in the field of kidnapping and for the location and release of victims under the Federal Criminal Code and the Law establishing the Minimum Standards on Readaptation Social of Sentenced, shall be entitled to the benefits referred to in the first paragraph of this Article, provided that all the following conditions are met:
I. For offences punishable by a sentence not exceeding four years in prison;
II. The sentenced will voluntarily accept placement of a location device for the time it is missing to serve the prison term and pay the cost of its operation and maintenance;
III. The sentenced person is a first offender;
IV. Where appropriate, cover the entire repair of the damage or in a proportional manner, where it has been condemned in a joint and joint manner and that repair is determined;
V. Count on a known person who commits and guarantees to the prison authority the fulfillment of the obligations incurred by the sentenced person;
VI. Ensure that you have a job, art or profession or exhibit appropriate constances that you will continue to study;
VII. Count with guarantor, and
VIII. Be obliged not to disturb the victim and the witnesses they brought against him, as well as his relatives or persons linked to them.
Article 20. The judicial authority may order that persons who have been convicted of conduct provided for in this order be subject to surveillance by the police authority for up to five years after their release.
The same measure may be imposed in a precautionary manner, in the case of the freedom of the accused and the persons who have been indexed for the duration of the investigation. or the process.
Chapter III
Prevention and Coordination
Article 21. Public security institutions of the three government orders will be coordinated through the National Center for Prevention and Participation. Citizen of the Executive Secretariat of the National Public Security System for:
I. Carry out studies on the structural causes, geocriminal distribution, statistics, historical trends and patterns of behavior that allow updating and perfecting the investigation for the prevention of the crimes sanctioned in this Law;
II. Obtain, process and interpret geocriminal information through the analysis of the factors that generate the antisocial behaviors provided for in this Law in order to identify the areas, sectors and groups at high risk, as well as their correlative protection factors;
III. To provide and exchange information obtained through the respective technological systems and instruments;
IV. Carry out campaigns aimed at preventing and avoiding the factors and causes that cause the criminal phenomenon sanctioned in this Law, as well as spreading its content;
V. Establish collaborative relations with the competent authorities, as well as with private social organizations with the aim of guiding society in the measures it must take to prevent the crimes established in this Law;
VI. Establish and, where appropriate, in accordance with the relevant legislation, collaborate with the registration and identification with the public security bodies, private or personal escorts that do not belong to any private security firm, and
VII. Observe the other obligations established in other ordinances.
Article 22. The Federation, states, municipalities and the Federal District and its administrative political bodies will be required to refer to the National Center. The Prevention of Crime and Citizen Participation, in accordance with the agreements that are generated within the framework of the National Public Security System, its crime prevention program referred to in this Law. In addition, they will have to keep up to date a record of abduction information in their demarcation.
Chapter IV
Application Scope
Article 23. The offences provided for in this Law shall be prevented, investigated, prosecuted and punished by the Federation in the case of the cases provided for in the Federal Law against Organized Crime and when the rules of jurisdiction provided for in the Organic Law of the Judicial Branch of the Federation and the Federal Code of Criminal Procedures are applied; or when the Public Ministry of the Federation request from the competent authority of the federative entity, the corresponding research, taking into account the specific characteristics of the event, as well as the circumstances of implementation or the social relevance of the event.
In cases not referred to in the preceding paragraph, the authorities of the common jurisdiction shall be competent.
If the commission of any of the cases referred to in this Law, the Public Ministry of the common jurisdiction, is found in the investigation of a crime. shall, by means of the respective agreement, break down the previous investigation by specifying the constances or the actions taken. The actions that form part of the breakdown will not lose their validity, even if in their realization the adjective legislation of the common jurisdiction has been applied and later the Federal Code of Criminal Procedures.
If the commission of any different from the common jurisdiction, the Ministry of Justice, the investigation of the crimes referred to in this Law, the Ministry The public shall, by means of the appropriate agreement, break down the investigation and refer it to the competent authority, on the grounds of jurisdiction or matter. The respective agreement will specify the constances or actions, which will not lose their validity, even if the Federal Code of Criminal Procedures has been applied in its implementation and, subsequently, the adjective legislation of the jurisdiction. common.
If the offense produces effects in two or more federal entities, the investigating authority of any of these entities will have jurisdiction. The exercise of the criminal action shall be the responsibility of the person concerned.
Chapter V
Voluntary Communications Intervention and Contribution
Article 24. The Attorney General of the Republic or the public servants in whom the faculty, the Attorney General of the States and the Federal District, as well as the authorities empowered in law to do so may request the federal judicial authority for authorization for the intervention of private communications.
The application for authorisation must contain the legal precepts which it is based on, the reasoning for which it is considered, the type of communications to be used, where appropriate, the subjects or the lines, apparatus, numbers, places to be intervened, as well as the time to be taken, without the total time exceeding six months. In order to carry out the intervention, the investigating authority may use all the technological means it deems necessary. In any case it will be the obligation of the concessionaires of the telecommunications services of the lines to intervene to render aid for this purpose.
The contribution of private communications for the investigation and prosecution of the crimes of this Law constitutes an exception to the duty of confidentiality that establish other laws.
The Public Ministry will be able to provide evidence of the results of the intervention in any technological environment to the appropriate judge, if not admitted, must be destroyed in the terms indicated by the judicial authority.
Any action developed in the terms of this Chapter shall be nullified by the judge if unauthorized or unlawful conduct is incurred, without prejudice to the implementation of the relevant administrative and criminal responsibilities.
Chapter VI
Telecommunications Public Network Dealers Obligations
Article 25. Telecommunications public network dealers and, as applicable, telecommunications service companies, of compliance with the applicable provisions, in the case of the investigation of the offences provided for in this Law, without prejudice to the provisions of other offences and provided that the competent judicial authority is ordered to:
I. To provide immediately and without delay to the holders of the Public Ministry of the Federation or of the Federative Entities or the public servants in whom they delegate such attribution, the information concerning the telephone number that is given to the Ministry of Public indicate and the user's data recorded as a client;
II. Provide timely technical assistance and information requiring the holders of the Public Ministry of the Federation or of the Federal Entities or public servants in whom they delegate such attribution;
III. Collaborate with the competent authorities in actions to investigate and prosecute the crimes foreseen in this Law, and
IV. Suspend the telephone service for the purposes of insurance when instructed by the Federal Telecommunications Commission, in compliance with the corresponding ministerial or judicial mandate.
Chapter VII
Protection of People
Article 26. In the field of their respective competencies, the holders of the Public Ministry of the Federation and of the federal entities shall issue the corresponding programmes for the protection of persons.
The Public Ministry will incorporate these programs into people whose lives or bodily integrity may be in danger because of their intervention in the prior investigation or the criminal proceedings followed by the conduct provided for in this Law.
The judge who knows about the criminal procedure, taking into account at least the above mentioned in the previous paragraph, may order as part of the precautionary measures of protection of persons, which are incorporated into such programmes.
Article 27. Information and documentation relating to protected persons will be kept in strict reserve in terms of the provisions applicable.
Article 28. Programs shall be reserved and, where appropriate, confidential, in accordance with applicable provisions; such programs shall also include: of the provisions of this Chapter, relating to income requirements, levels of protection, time of duration of protection, obligations of the protected person, causes of revocation and other characteristics and conditions necessary to comply with this Chapter. effectively with such protection.
The fulfillment of the Federal Program for Protection of Persons will be carried out by the specialized unit determined by the Head of the Public Ministry of the Federation and other authorities whose intervention is necessary in accordance with the provisions of this Chapter, other applicable provisions and the availability of budgetary resources.
The compliance of the protection programs to persons of the federal entities shall be carried out by the Holder of the Public Ministry or the immediate public servant (a) in which the Member State is responsible, in coordination with the authorities whose intervention is necessary in accordance with the provisions of this Chapter, other applicable provisions and the available budgetary resources.
Article 29. The incorporation into the Federal Program of Protection of Persons during the preliminary investigation will be authorized by the Attorney General of the Republic or the lower immediate public server in whom the faculty delegate.
For this purpose, the conditions of each person will have to be analyzed, if they are found in the case of Article 26 of this Law and if they comply with the requirements that the program points to.
The same rule will apply with respect to the incorporation of persons into the protection programs of persons of the federative entities.
The holder of the Public Ministry or the public servant designated for that purpose shall determine the duration of the effect, taking into account at least:
a) Persistence of risk;
b) The need for protection;
c) The protected person's request, and
(d) Other circumstances that justify the measure.
The revocation of the protection must be resolved by the Public Ministry prior to the agreement with the Holder of the institution of the law enforcement that corresponds, or by the judge, in the cases where the judge has ordered it during the proceedings. For this to be taken into account, if applicable, in addition to the above mentioned in the preceding paragraph and the following:
I. The extinction of the assumptions referred to in the second paragraph of Article 26 of this Law;
II. The witness has been driven with lack of veracity;
III. That you have executed a serious offense for the duration of the measure;
IV. That the protégé does not comply with the appropriate security measures, or
V. May the witness refuse to testify.
As long as the incorporation of a person into the program is authorized, the agent of the Public Ministry responsible for the investigation, with the help of the police acting under his driving and command, will take providences, given the characteristics and personal conditions of the subject, to safeguard his life and bodily integrity.
Article 30. Programs shall establish, at least, the requirements for entry, physical or electronic protection for the victim or witness; support for their use. basic personal needs, when, through their intervention in criminal proceedings, this is required. In necessary cases, the measures may be extended to family members or persons close to them.
Support grants will be subject to the applicable regulations and the authorized budgets of the agencies that provide them.
Article 31. The Federative Entities and the Federation will conclude collaboration agreements to establish mechanisms to incorporate programs into people which must be subject to protection.
Chapter VIII
Support the Victims, Offended, and Charge Witnesses
Article 32. The victims and offended persons of the conduct provided for in this order and the witnesses of charge, in addition to the rights established in the Political Constitution of the United Mexican States, in the Federal Code of Criminal Procedures and other secondary laws, will have the following rights:
I. Be present in the process, in room other than the one found to be the defendant;
II. Obtain the information required from the competent or appropriate authorities;
III. To request and receive advice from the competent authorities, which must be provided by an expert in the field, who will report on the situation of the process and procedures, as well as the benefits or supports to which they refer in this Act;
IV. To request from the competent judicial authority, the precautionary or precautionary measures arising in terms of the applicable law, for the security and protection of victims, offended and witnesses, for the investigation and prosecution of the victims. likely to be responsible for the crime and for securing property for damage repair;
V. Require the judge to issue a damning sentence, in which he must sentence the damage to the victim's behalf;
VI. To have permanent support from an interdisciplinary group that advises and supports them in their needs;
VII. To render or extend their statements without being identified within the hearing and, if requested, to do so by electronic means;
VIII. Participate in careos through electronic means;
IX. Be assisted by their lawyers, doctors and psychologists during the proceedings;
X. Obtain free and immediate copy of the diligence in which they are involved;
XI. Provide evidence during the trial;
XII. Know the whereabouts of the perpetrator or members of the crime of which he was a victim or witness;
XIII. To be notified prior to the release of the author or perpetrators of the crime of which he was a victim or witness, and to be provided with the corresponding protection to proceed with it, and
XIV. To be immediately notified and provided with the appropriate protection, in case of escape of the author or perpetrators of the crime of which he was a victim or witness.
Article 33. The administrative or judicial processes in which the victim of the conduct provided for in this Law is a party, from the established promotion and motivated by his/her legal representative, proxy or employer, shall be suspended for the duration of his/her captivity and for up to three months further to reasoned judgment of the respective authority.
Article 34. The victims or offenders may have the free assistance of a criminal adviser, who will be appointed by the competent judicial branch, with the purpose of providing you with:
I. The effective promotion of their rights;
II. Guidance to make your rights effective;
III. The effective possibility that they can claim their rights through the exercise of the actions provided for by the laws before the courts and administration of justice, and
IV. The legal defense to obtain the refunds or reparations in the enjoyment of the same.
Chapter IX
Immediate Rights and Repair Restitution
Article 35. The Public Ministry of the Federation or of the Federative Entities shall reinstate the victims of the conduct provided for in this Law in the enjoyment of their rights as soon as possible and will request the repair of the damage.
In your case, the restitution of rights and reparation will be made in charge of the resources obtained in the procedures of the extinction of the domain, in terms of the legislation, without prejudice to the exercise of the action against the sentenced.
Within the repair to the victims of the conduct provided for in this Law, the food and transport expenses and lodging in charge of this will be included, with reason for the criminal procedure.
Chapter X
Embargo by Equivalent Value
Article 36. In case the product, instruments or objects of the crimes referred to in this Law have disappeared or are not located, the Public Ministry ask for the embargo and, in its opportunity, the respective application of the goods of the sentenced person whose value is equivalent to that product, instruments or objects in order for the judge to order the corresponding repair, without prejudice to the provisions applicable for domain extinction.
Chapter XI
From the Victims and Offended Support Fund
Article 37. The Fund aims to provide resource authorities to support victims and offenders for the crimes provided for in this Law. how to incentivize the complaint.
The Fund will focus primarily on the medical and psychological care of victims and protection of minors in distress, in the terms of the Regulation.
Article 38. The Fund will be integrated as follows:
I. Resources expressly provided for this purpose in the Federation's Government Budget in the area corresponding to the Office of the Attorney General of the Republic;
II. Resources obtained by the disposal of assets seized in federal criminal proceedings;
III. Additional resources obtained by the goods they cause abandonment;
IV. Proceeds from property that have been the subject of domain extinction and are related to the commission of the crime of kidnapping;
V. Resources arising from bonds or guarantees that are effective when the defendants fail to comply with the obligations imposed by the judicial authority;
VI. Resources that are produced by the administration of securities or deposits in money, of the resources derived from the Fund for the Care of Victims of the Kidnapping, other than those referred to in the previous fraction, and
VII. Donations or contributions made in their favor by third parties, guaranteeing mechanisms of control and transparency.
The Fund referred to in this Article shall be constituted in the terms and percentages set out in the respective Regulations.
Article 39. The Attorney General's Office will administer the Fund, following criteria of transparency, opportunity, efficiency and rationality that will be This will determine the criteria for the allocation of resources.
The resources to be integrated will be audited annually by the Federation's Higher Audit Office.
Chapter XII
Organization of Federation and Federative Entities
Article 40. In accordance with the provisions of Article 73, the 21st fraction of the Political Constitution of the United Mexican States, the General Law of the National System Public Security and the provisions of this Law, the Public Security institutions of the three government orders and the Attorney General's Office of the Federation, the States and the Federal District, in the field of their jurisdiction and agreement to the guidelines established by the National Security Council Public, must be coordinated for:
I. Meet the objectives and purposes of this Law;
II. Design, propose and promote policies to support, protect and support victims and their families;
III. Develop and implement social prevention policies, in accordance with the provisions set out in this Law;
IV. Formulate systematic, continuous and evaluable comprehensive policies, as well as programs and strategies for combating the behaviors provided for in this Law;
V. Execute, follow up and evaluate policies, strategies and actions against the conduct provided for in this Law;
VI. Distribute, to the members of the System, specific activities for the fulfilment of the purposes of public security and prevention, investigation and prosecution of the conduct provided for in this Law;
VII. Establish uniform criteria for the organization, operation and technological modernization to combat the conduct provided for in this Law;
VIII. Conduct joint actions and operations of law enforcement and law enforcement institutions to comply with the provisions of this Law;
IX. To create specialized organs for the combat of the behaviors provided for in this Law, composed of different institutional areas and which can interact with each other, in accordance with the protocols that the National Council of Public Security;
X. Regulate the participation of the community and academic institutions that contribute to the processes of evaluation of the policies of prevention of the behaviors provided for in this Law, as well as of the institutions of public security and Justice, through the National Center for the Prevention of Crime and Citizen Participation;
XI. Carry out, within the scope of their respective powers, the other actions necessary to increase the effectiveness in the fulfilment of the purposes of public security and of the prosecution of the conduct provided for in the present Law;
XII. Report on the results obtained from the National Program of Justice and the National Public Security Program, and refer it to the corresponding instances in accordance with the applicable provisions;
XIII. To promote inter-institutional collaboration agreements and to conclude coordination agreements with the governments of the federal entities and the municipalities in order to prevent, prosecute and punish the conduct provided for in this Law, terms of the provisions of the General Law of the National Public Security System;
XIV. To monitor and evaluate the results obtained by the implementation of the agreements and agreements referred to in the previous section. Agreements and agreements shall, in the course of their conduct, comply with the General Law of the National Public Security System;
XV. Collect, with the assistance of the National Public Security System and other relevant institutions and bodies, the statistical data relating to the criminal incidence of the conduct provided for in this Law in order to publish them periodically;
XVI. Collaborate in the prevention, prosecution and punishment of the conduct provided for in this Law;
XVII. Participate in the formulation of a National Program to Prevent, Pursue and Punish the Conduct provided for in this Law, which should include, at least, public policies in the field of prevention, prosecution and punishment of crime, as well as protection and care for offended, victims and family members;
XVIII. Establish cooperation mechanisms for the exchange of information and continuous training of public servants specialized in the kidnapping of the Public Security Institutions, whose results are certified by the Center National Certification and Accreditation, and
XIX. Carry out the necessary actions and efforts to permanently restrict all types of communication, whether it be the transmission of voice, data, or image in the Federal Social Readaptation Centers and the Federative Entities, whatever their name.
Article 41. The procuratorates must create and operate special units for the investigation of the behaviors provided for in this Law, which will have ministries Public and police specialized, human, financial and material resources that they require for their effective operation. These units will be integrated with expert services and specialized technicians for the exercise of their function.
The Office of the Attorney General of the Republic and the procuratorates of the federative entities will train their personnel in the field of research planning.
Article 42. To be a member and remain in units specialized in the investigation and prosecution of the crimes provided for in this Law will be necessary comply with the following requirements:
I. Have accredited the requirements for the entry and stay of the respective institution, in accordance with the General Law of the National Public Security System;
II. Have the profile established by the National Conference of Attorney General and the National Conference of Secretaries of Public Security, respectively;
III. Approve training and update courses to be established by the National Conference of Attorney General and the National Conference of Secretaries of Public Security, as appropriate, and
IV. Count on the favorable opinion of the Executive Secretariat of the National Public Security System, in the specific cases required by the institution in which it provides or intends to provide its services.
To enter the service in the specialized units, the applicants will assume the commitment to be subject to non-intrusive surveillance, by the competent authority, in any time of their service and within five years after the termination of the service and to submit to information or to the conduct of confidence check when required, which shall be accredited by the continue on the service.
Article 43. Special units of investigation will have the following faculties:
I. Request that medical, psychological and legal attention be given to the victims of the conduct provided for in this Law;
II. Decree the precautionary providences for the protection of the life or integrity of the victims or their families;
III. Advise family members in the negotiations to achieve the freedom of victims;
IV. Receive, by any means, complaints about crimes and initiate investigation;
V. Use the research techniques provided for in this Law and the other applicable laws;
VI. To monitor, with absolute respect for constitutional rights, persons in respect of whom there are indications that they are involved in the crimes provided for in this Law;
VII. Systematize information obtained to achieve the release of victims and the detention of probable perpetrators;
VIII. To request the immediate delivery of information that may be relevant to the investigation of the crime or the release of the victims to natural or moral persons;
IX. Propose policies for the prevention and investigation of the behaviors provided for in this Law;
X. Propose to the Attorney General of the Republic or to the prosecutors of the federative entities, where appropriate, the conclusion of agreements with the telecommunications companies to obtain additional data contained in the database provided for in the Federal Telecommunications Act and the use thereof;
XI. Use any means of investigation to enable them to return the victim to life, identify and locate the alleged perpetrators, and comply with the purposes of this Law, provided that such investigative techniques are legal and full respect for human rights, and
XII. The others provided with the Act.
Chapter XIII
Help between Authorities
Article 44. The authorities of the various government orders shall provide the assistance required by the competent authority in accordance with the provisions of this Regulation. Law and other applicable provisions.
Article 45. The authorities of the federal governments and the federal authorities must establish cooperation mechanisms for the exchange of training and continuous training of agents of the Public Ministry, police and experts specialized in the crimes provided for in this Law of Public Safety Institutions, the results of which have been certified by the National Center for Certification and Accreditation.
Chapter XIV
From the Preventive Prison and the Execution of Sentences
Article 46. Those prosecuted and sentenced for the conduct provided for in this Law may be subject to the special surveillance measures provided for in the Law that establishes the Minimum Standards on Social Readaptation of Sentenced, including the restriction of communications with third parties, except for access with their human rights defender.
Federative entities in accordance with the legal provisions or the agreements to the effect concluded may refer to the Federal Centers for Social Readaptation, states or the Federal District to those prosecuted or sentenced, to comply with judicial determination.
The actions to be carried out for the crimes contemplated by this Law will always be carried out in the areas that exist within the seclusion, without being able to justify any such transfer, unless a request from the Public Ministry Holder or in whom the latter is delegated is delegated.
Article 47. During their seclusion, the defendants and sentenced for the conduct provided for in this Law, may only have the objects that are given to them by the competent authorities ' conduct.
Article 48. Those prosecuted or sentenced for the conduct provided for in this Act, which provide verified data or sufficient elements of conviction for the detention of the other participants, may benefit from protection measures during the period and under the arrangements deemed necessary. In addition, it shall ensure its imprisonment and execution of judgment, in establishments other than that in which the members of the same criminal group are committed.
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TRANSIENT ITEMS
First. This Decree shall enter into force on the ninety days of its publication in the Official Journal of the Federation.
Second. The criminal proceedings initiated before the entry into force of this Decree on the offences provided for therein will continue to be processed until its conclusion in accordance with the provisions in force at the time of the commission of the facts which gave rise to them. The same shall be observed in respect of the execution of the corresponding penalties.
Third. All legal provisions that are opposed to this Decree are repealed.
Fourth. The implementation of this Decree will be carried out by the respective budgets approved at the request of the three government orders comply with the requirements set forth herein.
Fifth. The provisions relating to kidnapping offences provided for in both the Federal Criminal Code and the local Criminal Codes in force until the This Decree shall continue to apply for the purposes of its validity. Those provisions shall also continue to apply to persons prosecuted or sentenced for the offences provided for and punished for the same articles.
Sixth. The Attorney General of the Republic and the Attorney General of the States and the Federal District will have one year counted from the publication of this Decree in the Official Journal of the Federation, in order to issue the corresponding administrative provisions regarding the protection of persons in the terms indicated by this Law, without prejudice to the measures of protection that you previously grant.
Seventh. The National Public Security Council and the National Conference of Attorney General of Justice will have to work out a National Program to prevent, prosecute and to sanction the conduct provided for in this order, regardless of the program of each individual entity, having a period of six months, counted from the publication of this Decree in the Official Journal of the Federation.
Eighth. The reform to the XIV fraction of article 44 of the Federal Telecommunications Law will take effect the day after the publication of the Decree on of mobile telephone users in any of their forms acquired prior to the entry into force of this Decree and, in respect of new mobile phone users, in terms of the transitional article 4 of the decree of reforms to that law, published in the Official Journal of the Federation on 9 February 2009.
Ninth. The Federal Institute of Public Defender of the Judicial Branch of the Federation, in the field of its competence, will establish the specialized areas in defense of victims of kidnapping, in the terms of the provisions of the law of the matter.
Tenth. For the establishment and organization of the specialized units against kidnapping referred to in this Law, the federal entities will have the resources of the Public Security Support Fund that they have received respectively.
Tenth First. The H. Congress of the Union may empower the victims or offended by the crimes provided for in the General Law to Prevent and Punish Crimes Article 73 (21) of the Political Constitution of the United Mexican States, to exercise the right to exercise criminal proceedings before the judicial authority for the crime of kidnapping, in the the law of the matter which the effect is issued.
Tenth Second. Within one hundred and eighty days from the entry into force of this Law, the necessary adjustments will be made to the provisions applicable to the corresponding resources for the Fund referred to in Article 38 of the General Law to Prevent and Punish the Crimes in Kidnapping, Regulatory of the 21st Fraction of Article 73 of the Constitution Politics of the United Mexican States.
Mexico, D. F., as of October 7, 2010.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Jorge Carlos Ramírez Marin, President.-Sen. Martha Leticia Sosa Govea, Secretary.-Dip. Maria de Jesus Aguirre Maldonado, 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 this Decree at the Federal Executive Branch, in Mexico City, Federal District, on November 29, 2010.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, José Francisco Blake Default.-Heading.
