GENERAL LAW TO PREVENT, PUNISH AND ERADICATE CRIMES IN THE FIELD OF HUMAN TRAFFICKING AND FOR THE PROTECTION AND ASSISTANCE OF PERSONS VICTIMS OF THESE CRIMES
Official Journal of the Federation on June 14, 2012
Last Reform Published DOF 19-03-2014
FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
THE GENERAL LAW WILL BE EXTENDED TO PREVENT, PUNISH AND ERADICATE CRIMES IN THE FIELD OF HUMAN TRAFFICKING AND FOR THE PROTECTION AND ASSISTANCE OF VICTIMS. CRIMES; AND ABROGATES THE LAW TO PREVENT AND PUNISH HUMAN TRAFFICKING; AND REFORM VARIOUS PROVISIONS OF THE FEDERAL LAW AGAINST ORGANIZED CRIME; THE FEDERAL CODE OF CRIMINAL PROCEDURES; THE FEDERAL PENAL CODE; THE LAW OF THE FEDERAL LAW OF THE JUDICIAL POWER OF THE FEDERATION; FEDERAL POLICE ACT AND GENERAL LAW OF THE PUBLIC SECURITY NATIONAL SYSTEM.
Article First.-The General Law is issued to Prevent, Punish and Eradicate Crimes in Matter of Trafficking in Persons and for the Protection and Assistance of Persons Victims of these Crimes.
GENERAL LAW TO PREVENT, PUNISH AND ERADICATE CRIMES IN THE FIELD OF HUMAN TRAFFICKING AND FOR THE PROTECTION AND ASSISTANCE OF VICTIMS OF THESE CRIMES
OF THE NOUN
Item 1o. This Law is a regulation of the first paragraph of Article 73, the first paragraph, in the matter of human trafficking, of the Political Constitution of the United Mexican States, and is of public order and social interest.
Article 2o. This Act is intended to:
I. Establish competencies and forms of coordination for the prevention, investigation, prosecution and punishment of human trafficking crimes between the Federal, State, Federal District and Municipal Governments;
II. Establish criminal types in terms of human trafficking and their sanctions;
III. Determine the criminal procedures applicable to these crimes;
IV. The distribution of competences and forms of coordination in terms of protection and assistance to victims of the crimes covered by this Law;
V. Establish effective mechanisms to protect the life, dignity, freedom, integrity and safety of persons, as well as the free development of girls, boys and adolescents, when threatened or injured by the commission of the Offences covered by this Act; and
VI. Repair the damage to victims of human trafficking in a comprehensive, appropriate, effective and effective manner, proportional to the severity of the damage caused and to the affected affectation.
Article 3o. The interpretation, application and definition of actions to comply with this Law; the design and implementation of actions for the prevention, investigation, prosecution and punishment of the crimes covered by this legal order; As for the protection and assistance of victims, offended and witnesses, they will be guided, in addition to what is provided for in the national legal order, by the following principles:
I. Maximum protection: Obligation of any authority, to ensure the widest application of measures of protection to the dignity, freedom, security and other human rights of the victims and the offended of the crimes foreseen by this law. The authorities shall at all times take measures to ensure their safety, protection, physical and psychological well-being, their privacy and the safeguarding of their personal identity and data.
II. Gender perspective: understood as a scientific, analytical and political vision about women and men and the relationships between them in society, which allows to focus and understand the socially constructed inequalities at the end of to establish cross-cutting State policies and actions to reduce the gaps in inequality between the sexes and ensure access to justice and the full exercise of their rights.
III. The prohibition of slavery and discrimination, in the terms of Article 1. of the Political Constitution of the United Mexican States.
IV. Higher interest of childhood: understood as the obligation of the State to protect the rights of children and adolescents, and to ensure the victims, offended and witnesses under 18 years of age, taking into account their integral protection and their harmonic development.
The procedures outlined in this Law will recognize your needs as subjects of developing law.
The exercise of the rights of adults may not condition the exercise of the rights of girls, boys and adolescents.
V. Due diligence: Obligation of the public servants to give immediate, timely, efficient, effective and responsible response in the prevention, investigation, prosecution and sanction, as well as in the repair of the damage of the crimes foreseen by this Act, including the protection and assistance of victims of these crimes.
VI. Prohibition of return or expulsion: The victims of the crimes provided for in this Law will not be repatriated to their country or sent to their place of origin on national territory, when their life, liberty, integrity, security or those of their families, run some danger. The authority must ensure this condition.
In the case of refugees, whether or not they are recognized as such, they cannot be placed in borders or territories where the danger is caused by their race, religion, nationality, membership of a particular social group, political opinions or any other reason to believe that their security and integrity would be at risk, regardless of their legal status as a foreigner as to duration and legality.
The repatriation of foreign victims of the crimes foreseen in this Law will always be voluntary and in accordance with the current repatriation protocols, to ensure a safe and dignified return.
VII. Right to repair the damage: Understood as the obligation of the State and the Public Servants to take all necessary measures to guarantee the victim the restitution of their rights, compensation and rehabilitation for the damages The Commission has been able to take the necessary action to ensure that it is not in the future, and that it will not be able to do so in the future, the right to the truth which will enable us to know what is happening in the future. truly happened, the justice that seeks the criminals to pay for what they have done, and to repair integral.
VIII. Guarantee of non-revictimization: Obligation of the State and public servants, in the areas of their competences, to take all necessary measures to prevent victims being revictimized in any form.
IX. Laity and freedom of religion: Guarantee of freedom of conscience, assuring the victims of the possibility of living and manifesting their faith and practicing their religion, without any imposition on the programs or actions carried out by the government or civil society institutions to provide protection and assistance.
X. Presumption of a minority of age: In cases where the age minority or identification documents cannot be determined or there is a doubt, and no medical advice is provided, the latter shall be presumed.
XI. The measures of care, assistance and protection shall benefit all victims of the offences provided for by this Law, regardless of whether the active subject has been identified, apprehended, tried or sentenced, as well as the family, dependency, labor or economic that may exist between the victim and the victim.
Article 4o. For the purposes of this Law:
I. The Constitution: The Political Constitution of the United Mexican States.
II. The Law: The General Law to Prevent, Punish and Eradicate Crimes in Matter of Trafficking in Persons and for the Protection and Assistance to Victims of these Crimes.
III. Criminal Code: The Federal Criminal Code.
IV. Procedural Code: The Federal Code of Criminal Procedures.
V. Local Procedural Codes: The Criminal Procedure Codes of the Federative Entities.
VI. The Secretariat: The Secretariat of the Interior.
VII. The Attorney General's Office: The Attorney General's Office.
VIII. The Commission: The Inter-secretarial Commission to Prevent, Punish and Eradicate Crimes in Matter of Trafficking in Persons and for the Protection and Assistance to Victims of these Crimes.
IX. Autonomous Human Rights Defense Agencies: The autonomous official agencies dedicated to the defense, protection and promotion of human rights.
X. The Program National: the National Program to Prevent, Punish and Eradicate Crimes in Matter of Trafficking in Persons and for the Protection and Assistance to Victims of these Crimes.
XI. The Fund: The Fund for the Protection and Assistance of Victims of Human Trafficking Crimes.
XII. Abuse of power: Use made by the active subject for the commission of the offence arising from a family relationship, sentimental, trust, custody, labor, training, education, care, religious or any other that implies the victim's dependence on or subordination to the victim, including those who have a public office or are held by him, or belong to organized crime.
XIII. Serious damage or threat of serious harm: Any physical, psychological, financial, sexual or reputational damage, or the sole threat to the victim, capable of making you believe that you have no choice but to undergo or remain subject to exploitation, and that the active subject, knowing it, uses it to obtain the victim's submission.
XIV. Assistance and protection for victims: A set of comprehensive support and protection measures that are provided to victims from the moment of their identification or rescue and until their full reintegration into society, which they fulfill function to guide them legally, provide medical, psychological, temporary economic support, as well as protection for her and her family.
XV. Unlawful advertising: For the purposes of this Law, advertising which, by any means, is used to directly or indirectly promote the commission of crimes in the field of human trafficking shall be considered to be unlawful.
XVI. Misleading advertising: For the purposes of this Law, advertising which by any means leads to the error as a result of the presentation of the advertising message, as a consequence of the information it transmits or as a consequence of omission of information in the message itself, in order to capture or recruit persons in order to submit them to any type of exploitation or to induce the commission of any crime in the field of human trafficking.
XVII. Vulnerability situation: Special condition of the victim derived from one or more of the following circumstances that may result in the taxable person performing the activity, service or work requested or required by the active subject of the offence:
a) Your origin, age, gender, precarious socioeconomic condition;
b) Educational level, lack of opportunities, pregnancy, violence or discrimination prior to trafficking and related offences;
c) Migration situation, physical or mental disorder or disability;
d) Belonging to or being originally from an indigenous village or community;
e) Being a person over sixty years old;
f) Any type of addiction;
g) A reduced capacity for judgments by being a minor person, or
h) Any other feature that is taken advantage of by the active crime.
Powers and powers in the prevention, investigation, prosecution, punishment and execution of criminal penalties provided for in this Act
Article 5o.- The Federation will be competent to investigate, pursue, and sanction the offenses set forth in this Act when:
I. The rules of jurisdiction provided for in the Organic Law of the Judicial Branch of the Federation apply.
II. The offence shall be initiated, prepared or committed abroad, as long as it produces or is intended to have 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 which have effects abroad, in terms of Articles 2o, 3o, 4th, 5th and 6th of the Federal Criminal Code;
III. As provided for in Article 10 of the Federal Code of Criminal Procedures;
IV. The Public Ministry of the Federation asks the competent authority of a federative entity to draw the matter, taking into account the specific characteristics of the event, as well as the circumstances of execution or the social relevance of the same.
V. That they be committed by organized crime, in the terms of the Federal Law against Organized Crime.
For this purpose, the local authority must at all times contribute to the federal authority in the integration of the organized crime investigation.
The Federal District and the states will be competent to investigate, prosecute and punish the crimes set forth in this law when the expected assumptions are not given. previously.
The execution of the penalties for the offences provided for in this Law shall be governed in accordance with the laws applicable in the Federation, the Federal District and the States, not to oppose this Law.
Article 6o. The Federation, the states, the municipalities and the Federal District and their territorial demarcations, will be obliged to coordinate, in the field of their competences, and according to the exclusive and concurrent faculties provided for in this Law, with the purpose of generating general, special and social prevention, in the terms and rules laid down in the General Law of the National System of Public Security and this Law.
OF CRIMES IN THE MATTER OF HUMAN TRAFFICKING
Of the principles for the investigation, prosecution and enforcement of sanctions
Article 7o. To comply with this Law, in the area of investigation, prosecution and punishment, the following must be observed and addressed:
I. The Public Ministry and the Judicial Powers of the Federation, the states and the Federal District, will at all times ensure the rights of victims, in order to provide assistance, protection, security and access to justice.
II. Those charged by the commission of the criminal conduct provided for in this Law shall be subject to pre-trial detention during the proceedings, except those provided for in Articles 32, 33 and 34 of this Law.
III. The Public Ministry and the police officers will proceed with the initiation of the investigation into the crimes of human trafficking.
IV. In all cases, the conviction that the crimes provided for in this Law will be handed down must provide for the reparation of the damage to the victims, the amount of which will be fixed by the Judge of the case, with the elements that the Public Ministry or the victim, or those who are considered to have been, in terms of the law.
V. The police, the Public Ministry and the judicial authorities shall take appropriate measures to ensure the effectiveness of the investigation and prosecution of the crimes provided for in this Law. To those effects, they shall respect the interests and personal circumstances of victims and witnesses, including age, gender and health, and shall take into account the nature of the offences, in particular those of sexual violence, violence for reasons of gender and violence against children and adolescents.
Article 8o. Police, Public Ministry and jurisdictional authorities will make a special consideration in the development of their activities, when the victim is in a situation of vulnerability due to physical or emotional damage that requires special measures to be taken.
Article 9o. In all cases not provided for in the investigation, procedures, and penalties of the crimes under this Law, the federal, state and Federal District authorities will apply the provisions of the Federal Criminal Code, of the Federal Code of Criminal Procedures, Federal Law against Organized Crime, the Fiscal Code of the Federation, the Federal Law of Extinction of Domain and the General Law of the National Public Security System.
About human trafficking crimes
Article 10.-Any action or intentional omission by one or more persons to engage, engage, transport, transfer, retain, deliver, receive, or hold one or more Several persons for the purpose of exploitation will be imposed from 5 to 15 years of imprisonment and of a thousand to twenty thousand days fine, without prejudice to the penalties that correspond for each of the crimes committed, previewed and sanctioned in this Law and in the corresponding criminal codes.
A person's exploitation shall be understood as:
I. Slavery, in accordance with Article 11 of this Law;
II. The status of servant, in accordance with Article 12 of this Law;
III. Prostitution or other forms of sexual exploitation, in the terms of Articles 13 to 20 of this Law;
IV. The labour exploitation, in the terms of Article 21 of this Law;
V. The forced labor or services, in the terms of Article 22 of this Law;
VI. The forced begging, in the terms of Article 24 of this Law;
VII. The use of persons under eighteen years of age in criminal activities, in the terms of Article 25 of this Law;
VIII. The unlawful adoption of a person under the age of eighteen, in the terms of Articles 26 and 27 of this Law;
IX. The forced or servile marriage, in the terms of Article 28 of this Law, as well as the situation provided for in Article 29;
X. Traffic in organs, tissues and cells of living human beings, in the terms of Article 30 of this Law; and
XI. Illicit biomedical experimentation in human beings, in the terms of Article 31 of this Law.
Article 11. Whom you have or keep another person in a situation of slavery, you will be punished with penalty of 15 to 30 years imprisonment and one thousand to 20 thousand days fine.
Slavery is understood to be the domain of one person over another, leaving it without the ability to freely dispose of its own person or property and exercise over it, in fact, attributes of the right of ownership.
Article 12. A who has or maintains a person in the condition of a servant will be punished with a penalty of 5 to 10 years in prison and a thousand to 20 thousand days fine.
You have a servant condition:
I. For debts: The condition that results for a person from the fact that a debtor is committed to providing his or her personal services, or those of someone over whom he exercises authority, as a guarantee of a debt, if the services provided, They are not applied to the payment of the debt, or if their duration is not limited or the nature of such services is defined.
II. By gleba: He is a servant for gleba that which:
a) You are prevented from changing your condition to living or working on a land that belongs to someone else;
b) You are required to provide services, whether paid or not, without you being able to leave the land belonging to another person;
c) Exercise property rights for a land that also implies rights for people who cannot leave the land.
Article 13. He will be punished with a penalty of 15 to 30 years in prison and a thousand to 30 thousand days fine, to which he benefits from the exploitation of one or more people through prostitution, pornography, public or private exhibitions of sexual order, the sex tourism or any other sexual activity remunerated by:
II. Physical or moral violence;
III. The abuse of power;
IV. The use of a vulnerability situation;
V. Serious damage or threat of severe damage; or
VI. The threat to report to authorities regarding their immigration status in the country or any other abuse of the use of the law or legal procedures, which causes the taxable person to submit to the requirements of the asset.
Dealing with minors or persons who do not have the capacity to understand the meaning of the event will not require the verification of the means to which refers to this Article.
Article 14. It will be punishable from 10 to 15 years in prison and from a thousand to 30 thousand days fine, to which a person submits or benefits from subjecting a person to perform pornographic acts, or to produce or benefit from the production of pornographic material, or to deceive or engage in misleading a person to perform sexual services or to perform pornographic acts.
Article 15. It will be punished with penalty of 5 to 15 years of imprisonment and of a thousand to 30 thousand days fine, to which it benefits economically from the exploitation of a person by the trade, distribution, exhibition, circulation or offer of books, magazines, writings, recordings, films, photographs, printed advertisements, images or objects, of a lewd or sexual nature, actual or simulated, either physically or through any means.
You will not sanction those who engage in these behaviors with material that means or has as an end the scientific, artistic or technical disclosure, or in your case, education. sexual or reproductive. In case of doubt as to the nature of this material, the judge shall request expert advice to assess the conduct in question.
Article 16. It will impose a penalty of 15 to 30 years of imprisonment and 2 thousand to 60 thousand days fine, as well as the confiscation of the objects, instruments and products of the crime, including the destruction of the resulting materials, to which it seeks, promotes, compels, advertise, manage, facilitate or induce, by any means, a person under eighteen years of age, or who does not have the capacity to understand the meaning of the fact, or has no ability to resist the conduct, to perform sexual or Body exhibitionism, for sexual purposes, real or simulated, in order to produce material to video recording, audio recording, photographing, filming, displaying or describing them through printed ads, computer systems, electronic or surrogate, and benefits economically from the exploitation of the person.
If the use of force, deception, physical or psychological violence, coercion, abuse of power or a situation of vulnerability, addictions, a a hierarchical or trusted position, or the granting or receipt of payments or benefits to obtain the consent of a person who has authority over another or any other circumstance that diminishes or eliminates the will of the victim to resist, the penalty provided in the previous paragraph will be increased by one half.
The same penalties provided for in the first paragraph of this Article shall be imposed on the person who finances, produces, reproduce, stores, distributes, commercializes, leases, Expose, advertise, broadcast, acquire, exchange or share, by any means, the material referred to in previous conduct.
Article 17. 5 to 15 years of imprisonment will be imposed and a thousand to 20 thousand days of fine to which it stores, acquires or leases for itself or for a third party, the material to referred to in the previous article, for non-marketing or distribution purposes.
Article 18. It will impose a penalty of 15 to 25 years of imprisonment and a thousand to 20 thousand days fine, which promotes, publicizes, invites, facilitates or manages by any means to which one or more persons travel to the interior or exterior of the national territory for the purpose to perform any type of sexual act, actual or simulated, with one or more persons under the age of eighteen, or with one or more persons who are not capable of understanding the meaning of the event or with one or more persons who have no ability to resist it, and benefit economically from it.
Article 19. It will be punishable from 5 to 10 years in prison and 4 thousand to 30 thousand days fine, the one that contracts a person or offers a job other than the sexual services and induce them to perform them, under deception in any of the following circumstances:
I. That the agreement or contract includes the provision of sexual services; or
II. The nature, frequency, and specific conditions; or
III. The extent to which the person is free to leave the place or area in exchange for the performance of such practices; or
IV. The extent to which the person will be free to leave work in return for the performance of these practices; or
V. The extent to which the person will be able to leave their place of residence in exchange for the performance of such practices; or
VI. If it is alleged that the person has contracted or contracted a debt in relation to the agreement: the amount, or the existence of the sum due or allegedly due.
Article 20. It will be punishable from 5 to 10 years in prison and 4 thousand to 30 thousand days fine, which, obtaining economic benefit for itself or for a third party, Contract is still lawfully, to another for the provision of sexual services in the circumstances of fractions II to VI of the previous article.
Article 21. He will be punished with a penalty of 3 to 10 years in prison, and 5 thousand to 50 thousand days fine, who will work with one or more people.
There is labour exploitation when a person obtains, directly or indirectly, unjustifiable, economic or other benefit, unlawfully, through the work alien, subjecting the person to practices that threaten their dignity, such as:
I. Dangerous or unhealthy conditions, without the necessary protections according to labour law or existing standards for the development of an activity or industry;
II. Existence of a manifest disproportion between the amount of work done and the payment made for it, or
III. Salary below the legally established.
Article 22. It will be punishable by 10 to 20 years in prison, and from 5 thousand to 50 thousand days fine, whoever has or keeps a person in forced labor.
There is forced work when the job is obtained by:
I. Use of force, threat of force, physical coercion, or threats of physical coercion to that person or other person, or using force or threat of the force of a criminal organization;
II. Serious damage or threat of serious harm to that person who puts it in a vulnerable condition;
III. The abuse or threat of the complaint to the authorities of their irregular migratory situation in the country or any other abuse in the use of the law or legal process, which causes the taxable person to be subjected to unfair conditions or that they are against their dignity.
Article 23. No forced labor or service, nor labor exploitation, will be considered when:
I. Be required under the laws on compulsory military service;
II. Be part of the citizens ' normal civic duties towards the Federation, the Federal District or their territorial demarcations, states or municipalities;
III. A person is required by virtue of a sentence pronounced by a court judgment, or in the terms of Article 21 Constitutional as work in favor of the community, provided that this work or service is carried out under the supervision and control of public authorities, and that such person is not transferred or made available to private individuals, companies or legal persons;
IV. The work is voluntary and carried out by members of a community for the direct benefit of the community and can therefore be regarded as normal civic obligations for members of the local, national or local community. an international organisation, civil society groups or associations and public or private charitable institutions.
Article 24. He will be punished with imprisonment of 4 to 9 years and 500 to 20 thousand days fine, to whom he uses a person to perform begging acts.
It is understood by exploitation of the begging, to obtain a benefit by obliging a person to ask for alms or charity against his will, resorting to the threat of serious damage, serious damage or the use of force or other forms of coercion, or deception.
If used for the purposes of the first paragraph of this article to persons under the age of eighteen, over seventy, pregnant women, persons with injuries, illness or physical or psychological disability, will impose penalty of 9 to 15 years of imprisonment and of a thousand to 25 thousand days fine.
Article 25. It will be punishable by 10 to 20 years in prison and a thousand to 20 thousand days fine, to those who use persons under the age of eighteen in any of the criminal activities mentioned in Article 2o of the Federal Law against Crime Organized.
Article 26. It will impose a penalty of 20 to 40 years of imprisonment and 2 thousand to 20 thousand days fine, the father, mother, guardian or person who has authority over who is exercised the conduct that he or she receives illegally, illegally, irregularly or even by adoption, a person under the age of eighteen years in order to abuse or exploit sexually or any of the forms of exploitation referred to in Article 10 of this Law.
In all cases where this conduct is credited, the adoption will be declared null.
Article 27. It shall be imposed from 3 to 10 years imprisonment and 500 to 2 thousand days fine, to which he gives in his character as a father or guardian or person who has authority over who is engaged in the conduct or receives for consideration, in his character as a adopter of form illegal, illegal or irregular, to a person under the age of eighteen.
In all cases where this conduct is credited, the adoption will be declared null.
We will not proceed against those who in good faith have received a person in an irregular condition, in order to integrate it as part of their family core with all their consequences.
Article 28. It will be imposed from 4 to 10 years in prison and 200 to 2 thousand days fine, in addition to the declaration of nullity of marriage, to which:
I. Force to marry a person, free of charge or in exchange for payment in money or in kind given to his parents, guardian, family or any other person or group of persons exercising an authority over it;
II. Force a person to marry a person in order to prostitute or subject them to slavery or similar practices;
III. Give or transfer a person to a third party, for consideration, free of charge, or otherwise.
Article 29. A penalty of 20 to 40 years of imprisonment and 2 thousand to 30 thousand days will be imposed, which will make sexual exploitation taking advantage of the marriage relationship or concubininate. In all cases where this conduct is credited, the marriage shall be declared void.
Article 30. It will impose a penalty of 15 to 25 years of imprisonment, and of 2 thousand to 30 thousand days fine, to whom to perform the extraction, removal or obtaining of an organ, tissue or cells of living human beings, in exchange for a profit or through a commercial transaction, without including the medical procedures for which the due consent has been obtained, in the terms of the provisions of the General Health Law.
Article 31. It will impose 3 to 5 years of imprisonment and 2 thousand to 30 thousand days fine to those who apply on a person or group of persons procedures, techniques or medications not legally approved and which contravene the legal provisions in the material.
Article 32. It will impose penalty of 2 to 7 years of imprisonment and 500 to 2 thousand days fine to which, in any printed, electronic or cybernetic medium, direct or indirect, spaces for the publication of ads that frame in the assumptions of unlawful or misleading advertising, in order to facilitate, promote or ensure that any of the criminal conduct covered by this Law is carried out.
Article 33. It will be punishable from 5 to 15 years in prison and from a thousand to 20 thousand days fine to the one who directs, manages or edit a printed, electronic or cybernetic medium that, in breach of the provisions of this Law publishes contents through which it facilitates, promote or procure any of the criminal conduct that is the object of the same.
Article 34. To which from in comodato, in lease or rent a property, house or room, with knowledge that it will be used for the commission of any of the behaviors mentioned in this chapter, will be sanctioned with penalty of 2 to 7 years of prison and 10 thousand to 20 thousand days fine.
Article 35. It will be punishable from 2 to 40 years in prison and a thousand to 25 thousand days fine, in addition to those resulting from the commission of conduct planned in other applicable legal systems, which, in the knowledge of their situation of trafficking, acquire, use, purchase, request or rent a person's services for any of the purposes provided for in the crimes under this Law.
Article 36. In addition to what the Federal Criminal Code has in this regard, it will be punishable from 3 to 6 years in prison and a thousand to 10 thousand days fine, to which disclose, without reason, any confidential or confidential information relating to the offences, processes and persons covered by this Act or related to the Victim, Offended and Witness Protection Programme.
If the subject is or has been a member of an institution of public security, prosecution, preventive or penitentiary detention centers, or The penalty will be six to twelve years in prison and 2 thousand to 15 thousand days fine.
Article 37. You will not proceed against the victim of the offences provided for in this Law for offences committed while they are subject to control or the threat of their victimhood, where no other conduct is required.
Article 38. Foreign victims of human trafficking crimes will not be subject to the sanctions provided for in the Immigration and Other legal orders, due to their irregular migratory status or the acquisition or possession of apocryphal identification documents. They will also not be held in detention or prison facilities at any time before, during or after all the administrative or judicial proceedings that correspond.
Common Rules for Offences foreseen in this Act
Article 39. The intent of the offences under this Law shall be punishable, and shall be punishable under the terms of the first and second paragraphs of Article 12 of the Criminal Code, respectively.
Article 40. The consent granted by the victim, whatever his age and in any manner of the offences provided for in this Law shall not constitute an exclusive cause of criminal liability.
Article 41. The penalties provided for in the offences under this Title shall also apply to those who prepare, promote, encourage, facilitate or collaborate.
Article 42. The penalties provided for in this Title will be increased by up to one half when:
I. There is a family relationship or a family relationship by consanguinity or civil to the third degree or to the second degree by affinity, or to have at the same address, or have or have had a sentimental relationship or in fact with the victim. In such cases the judgment shall impose the loss of the rights which the active subject has in respect of the victim and his property, including those of a succession, parental rights, guardianship, custody and custody;
II. Use violence, intimidation, deception, deprivation of liberty, religious fanaticism or cruel, inhuman or degrading treatment, except in the case of Article 13;
III. The offence is committed partially or entirely in two or more countries;
IV. The crime would endanger the life of the victim deliberately or due to negligence;
V. The crime causes the victim's death or suicide;
VI. The offence causes serious bodily harm or injury to the victim and psychological or physical illness,the HIV/AIDS
VII. The offence is committed against a pregnant woman, persons with physical or psychological disability, under eighteen years of age or of the third age who are not able to fend for themselves;
VIII. When the victim belongs to an indigenous group and is therefore the object of a disadvantage or a condition of vulnerability;
IX. The offense understands more than one victim;
X. When the author of the offense:
a) Be a member of organized crime;
b) Haya supplied to the victim substances from those prohibited by the General Health Law;
c) Have a position of responsibility or trust with respect to the victim;
d) Have the position of authority, control, or domain with respect to the victim under the age of 18 years;
e) Be public official, or
f) You have previously been convicted of the same crime, or any other crime in the matter of human trafficking.
Article 43. The penalty will be increased by up to two thirds, when the person responsible for the crime also carries out management or financing actions to other persons to commit any of the crimes covered by this Law.
Article 44. The goods which are the instrument, object or product of the offences provided for in this Law, and which are seized as a result of the exercise of the extinction of the domain, shall form part of the assets of the Fund, as well as those of the Protection and Assistance to Victims of States and the Federal District.
By imposing the ancillary legal consequences provided for in this article, the Judge will, officiously, take appropriate measures to leave the rights of the workers and third parties, as well as those other rights which are enforceable against other persons, arising from acts concluded with the sanctioned person. Any omission of the judicial authority shall be sanctioned in the terms of the applicable laws.
Article 45. When a member or representative of a moral person commits a crime from those provided for in this Law, with the means that the same moral person provides for such an object, so that the offence is committed on his behalf, under the amparo or for the benefit of that, the Juzgador will impose in the judgment, prior to the corresponding procedure and with the intervention of the legal representative, the corresponding ancillary legal consequences, based on the Law of Extinction of Domain applicable, in addition to the confiscation of illicit funds and property produced by the crimes provided for in this Law, without exception.
The Federal Public Ministry or the states and the Federal District will be able to take measures to put the proceeds and property of the crime on a precautionary basis.
Article 46. The liability of legal persons shall be determined in accordance with the Federal Criminal Code and the Federal Code of Procedure. Penalties.
Article 47. 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 human trafficking and for the location and release of victims under the Federal Criminal Code and the Law establishing the Minimum Standards on Social Readaptation of Sentenced, they will be entitled to the benefits cited in the first paragraph of this Article, provided that all the following conditions are met:
I. The sentenced person has committed one of the offences punishable by a sentence not exceeding four years in prison;
II. The sentenced to voluntarily accept the placement of a location device for the time that the prison sentence is missing 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. Check that you have a job, art or profession or exhibit the 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 have brought against you, as well as to your relatives or persons linked to them.
The Damage and Repair of the Damage
Article 48. When a person is declared criminally responsible for the commission of the crimes provided for in this Law, the Judge shall condemn it to the payment of the reparation of the damage in favor of the victim or offended, in all cases.
Repair of damage shall be full and effective, proportional to the severity of the damage caused and to the affectation of the life project, and shall comprise at least:
I. The return of the goods or the thing obtained by the crime with its fruits and accessories, and the payment, if any, of the deterioration that has suffered, and if the refund is not possible the payment of its updated value;
II. The payment of physical, material, psychological damages as well as repair to moral damage.
Include, at least, the costs of medical treatment, medicine, clinical examinations and necessary interventions, physical rehabilitation, prostheses or appliances orthopaedic, as well as psychiatric, psychological and social rehabilitation therapy or treatment until the total rehabilitation of the victim.
III. The loss of opportunities, employment, education and social benefits that if the crime had not been committed would have to be done; therefore, the harm to the victim or the offended must be repaired to new systems of education, work and social according to their circumstances;
IV. The payment of the economic income that has been lost, as well as the loss of profit caused by the commission of the crime, will be taken as the basis of the salary that at the time of the crime had the victim, in case of not counting that information, shall be in accordance with the general minimum wage in force for the Federal District, at the time of the sentence of the judgment;
V. The costs of legal assistance and representation, up to the complete conclusion of the legal procedures;
VI. The costs of the return transport to its place of origin, if so decided by the victim, expenses of feeding, temporary housing, clothing and those that are necessary during the investigation, the process and the physical and mental rehabilitation total of the victim;
VII. The declaration that restores the dignity and reputation of the victim or offended and of the persons connected to it, through the means requested;
VIII. The public apology for recognition of facts and acceptance of responsibility, where in the offence is a public servant or an agent of authority.
Article 49. The repair of the damage shall be fixed by the judges, according to the damage or damages that are accurate to be repaired, according to the evidence obtained.
The repair of the damage will be covered with the assets of the person responsible and subsidiary to the amount of the security granted to obtain his provisional freedom or sanction pecuniary.
It has the character of public punishment, will be demanded by the Public Ministry of its own motion, without any formality and fixed by the judge having been proven existence of the fact and the liability of the defendant.
The obligation to pay compensation for the damage is preferential to the payment of any other financial penalty or obligation incurred after the commission of the offence, except for food and industrial relations.
They have the right to repair the damage:
I. The victim and the offended people;
II. In the absence of the victim or of the offended persons, their economic dependents, heirs or rightholders, in the proportion that points to the right of succession.
Article 50. The repair of the damage may be claimed in connection with the criminal liability, through the civil road; and when it is payable to third parties, it will have the character of civil liability.
The above as set out in the Civil and Civil Procedure codes that correspond.
Article 51. These are the obligations of the authorities to ensure repair of the damage:
I. Carry out all the actions and measures necessary for the victim to be returned to the enjoyment and exercise of his rights;
II. Provide medical and psychological treatments for the recovery of the victim, in the terms of the Constitution.
Article 52. When the repair of the damage is not fully or partially covered by the sentenced, the Federal District and the States, as appropriate, shall cover such reparation with the resources of their respective funds, in the established by Article 81 of this Law.
The rights of the authority to require the sentenced person to repair the damage will be safe to make them effective.
From Research Techniques
Article 53. When the Public Ministry is aware of any of the crimes in the field of human trafficking, it will assume the a function of the direction of investigation referred to in Article 21 of the Political Constitution of the United Mexican States.
Article 54. The Public Ministry will convene a planning meeting of the investigation to be attended by all the required areas, in which the at least:
I. The Public Ministry responsible for the case;
II. The assigned investigation cops;
III. Integrate officials in charge of financial and economic investigations;
IV. The responsible police command;
V. The basic analysis and strategy of research;
VI. Risk control and crisis management;
VII. Information handling control;
VIII. The place where the victim is to be housed, if necessary;
IX. The relationship with the staff in charge of care and support for the victim or offended, and
X. Periodicity of group meetings in critical phases and in the continuation of research.
Article 55. The police and the Public Ministry in the respective field of their competencies should have as goals of the investigation, at least the following:
I. Secure removal of the victim from the place of the facts or where it is located;
II. Identification of the modus operandi of those involved;
III. Getting evidence before, during, and after the victim's safe extraction;
IV. Securing evidence in accordance with chain of custody guidelines;
V. Detention of persons who committed or participated in the commission;
VI. Identification and assurance of the economic resources obtained by the person responsible for the crime;
VII. Identification of property related to the facts or property of those responsible for the crime that may be the object of domain extinction;
VIII. In case the offense is committed by more than two persons, identify, determine the activities it performs and stop each member of the criminal group, and
IX. Get definitive statements against those responsible for the offense.
Article 56. The police officers who will act under the direction and conduct of the Public Ministry, in addition to the powers conferred upon them by other orders, during The research phase may:
I. To gather information in public places, through the use of means and tools and any tools that are necessary for the generation of intelligence. In the exercise of this attribution the particular rights of citizens must be respected;
II. To collect information from public databases, in order to identify the victims, witnesses, places of events, how to operate, subjects involved or property of these;
III. Perform tactical or strategic technical analysis of information obtained for intelligence generation;
IV. Verify information that you receive about facts that may be a crime or offense to inform the Public Ministry, if any;
V. Carry out the processing of the place of the facts, for which they must fix, point, raise, pack and deliver the physical evidence to the Public Ministry, in accordance with the procedure previously established by this and in terms of the applicable provisions, in the case of having qualified personnel for that purpose.
Article 57. The Public Ministry, in addition to the powers conferred upon them by other ordinances, during the investigation phase may:
I. Request communications intervention, in terms of applicable federal or local legislation;
II. Request information from telephone and communication companies, in terms of applicable federal or local legislation;
III. authorise the monitoring of persons for up to a period of one month, which may be extended provided that there are sufficient grounds, without the duration of which is longer than six months, in terms of the applicable regulations;
IV. Request information from the National Banking and Securities Commission on the financial activity of persons subject to investigation, in terms of applicable federal or local law;
V. Authorize the collaboration of informants, in the terms of the minimum guidelines issued by the National Public Security System, as well as other provisions;
VI. Authorize the use of any means, instruments or tools for obtaining evidence, provided that it does not contravene human rights not in violation of the legal order, and
VII. Any one that determines the applicable laws.
In cases where the local authorities lack regulations for the exercise of any of the above powers, the Attorney General's Office will contribute to the research.
Article 58. By informant, any person who is directly or indirectly aware of the commission of crimes, and because of his or her situation or activity that performs, provides that information to the governance instances for the investigation.
Of Protection and Assistance to Victims, Offended and Witnesses of Human Trafficking Crimes
Rights of Victims and Witnesses During the Criminal Procedure and Protection Measures to Your Favor
Article 59. For the purposes of this law, the owner of the injured legal asset is considered a victim or put in danger by the action or omission for the offences provided for in this Law.
The above regardless of whether you identify, apprehend, hold processes or condemn the author, co-author or participate in the crime and regardless of the relationship family to the victim or offended.
The offended will enjoy the same rights as the victim.
Article 60. They will have the quality of offended, the victim's relatives to the fourth degree, economic dependents, as well as any other person who has a relationship of fact or co-existence affecting the victim and suffering, having suffered or being in a situation of risk of suffering any harm or injury for reasons or as a result of the commission of the offence. Among those found:
I. Children or daughters of the victim;
II. The spouse, concubine or concubinaire;
III. The heir declared judicially in the crimes whose result is the death of the victim or offended;
IV. The person who has lived permanently with the victim for at least two years prior to the event, and
V. The person who has suffered damage by intervening to assist the victim in danger or to prevent victimisation.
Article 61. You will have the quality of witness every person who, directly or indirectly, through your senses has knowledge of the facts being investigated, so you can provide information for your clarification, regardless of your legal status.
Article 62. The authorities responsible for dealing with crime victims in the federal, state, municipal, Federal District and their territorial demarcations, in their respective areas of competence, will adopt measures of to protect and properly assist victims, offended and witnesses, for which they shall:
I. Establish appropriate mechanisms to identify victims and potential victims;
II. Create prior protection and assistance programs, during and after the judicial process, as well as legal assistance during all stages of the criminal, civil and administrative procedure.
Also, they must provide victims in a language or language with their respective language variants to understand, and according to their age, information on their rights, ensuring their psychological integrity and the protection of their identity and privacy;
III. Design and implement models of immediate protection and assistance to victims or potential victims before the commission or possible commission of the crimes foreseen in this Law;
IV. Generate Assistance and Protection Models and Protocols, as needed;
V. Provide proper protection and assistance in shelters during their recovery, rehabilitation and resocialization, as well as in the right places to ensure their safety.
These programs will depend on the competent authorities to pay attention to the victims, whether federal or federal entities, by themselves or by coordination with public or private specialised institutions, in terms of the applicable rules, in which civil society can participate in coordination with the responsible areas.
VI. Design and implement models that offer worthy and appropriate alternatives for victims, with the purpose of restoring their human rights, especially women, girls, children and adolescents;
VII. Generate and implement protection and assistance programs for victims, offenders and witnesses of crimes in which organized crime is involved, which will include change of identity and national or international relocation.
Article 63. In cases where it is established that the subject or the active subjects of the crime are members of national or transnational organized crime, the victim, offended and witnesses shall be entitled to identity and residence as part of the obligation of the State.
Article 64. The diplomatic representations of Mexico abroad must offer, without exception, information, guidance, protection and assistance to the victims, offended and witnesses of the crimes foreseen in this Law, of Mexican nationality abroad, in order to safeguard their dignity and physical and psychological integrity, as well as to support them in the necessary steps towards the authorities of the country in which they are, before, during and after the judicial process, in the terms of the second paragraph of Article 62 (V) of this Law.
Article 65. The protection of the victims, offended and witnesses of the crimes contained in this Law will include, in addition to the provisions of article 20 of the Political Constitution of the United Mexican States and of the others contemplated in this Law, the following items:
I. The victims of the offences provided for in this Law shall be guaranteed, where necessary, adequate accommodation, quality medical care, access to education, training and employment opportunities, up to their full recovery and resocialization.
Likewise, they will be offered models of the way and worthy and viable options for their reinstatement to society, aimed at the construction of autonomy, in the terms of the second paragraph of Article 62 (V) of this Law.
II. The victims of the crimes foreseen in this Law will be guaranteed, physical, psychological and social attention to their full recovery and rehabilitation.
This attention should be provided by competent authorities in coordination with non-governmental organisations and other sectors of civil society, in the terms of the second paragraph of Article 62 (V) of this Law.
III. Other relevant to safeguarding their physical security, their freedom, dignity, physical and mental integrity, their human rights and the repair of damage, as well as the normal development of their personality in the case of girls, boys and girls. adolescents.
Article 66. The victims and offenders of the crimes provided for in this Law 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, shall have the following:
I. At all times they will be treated with humanity, respect for their dignity, and, with strict attachment to law, immediate access to justice, restitution of their rights and reparation for the damage suffered;
II. Be present in the process, in a room other than the one found to be the defendant;
III. Get the information that is required from the competent authorities;
IV. Request and receive advice from competent authorities, in the terms of the second paragraph of Article 62 (V) of this Law, provided by an expert in the field, who must keep them informed about the the process and procedures, as well as the benefits or supports to which they are entitled;
V. Request precautionary or precautionary measures for the safety and protection of victims, offended and witnesses, in the terms of the second paragraph of Article 62 (V) of this Law, for the investigation and prosecution of the victims. likely to be responsible for the crime and for securing property for damage repair;
VI. Require the judge to issue a damning sentence, in the same sentence, to sentence the victim to the damage;
VII. Count, with the responsibility of the competent authorities, with permanent support from an interdisciplinary group of specialists who advise and support them in their needs during the proceedings, in the terms of the second paragraph of the V Article 62 of this Law;
VIII. To render or extend their statements without being identified within the hearing, with the obligation of the judge to safeguard their personal data and, if they so request, to do so by electronic means;
IX. Participate in careos through remote means;
X. Get free and immediate copy of the steps in which you are involved;
XI. To assist with the Public Ministry and provide evidence during the process;
XII. Know at all times the whereabouts of the perpetrator or members of the crime of which he was a victim, offended or witness;
XIII. Be notified in advance of the author's freedom or authors of the offence of which he was a victim, offended or witness, and be provided with the appropriate protection to proceed with it;
XIV. Be immediately notified and provided with the appropriate protection, in the event of the escape of the author or perpetrators of the crime of which he was the victim, offended or witness, and
XV. Having the benefit of the advance test, which may be enforced by the Public Prosecutor's Office or the representative of the victims and offended by crimes that are minors, when the assistance of a specialist can be determined the need to obtain their declaration in advance, when, in the course of time, until the oral hearing is reached, the minor may not be able to give his testimony or when the reiteration in his atest is highly prejudicial in their psychological development.
Article 67. During all stages of the criminal proceedings, especially when it is presumed that the criminal or the active subjects of the crime are members of the organized crime, or there is some level of involvement of the crime, the ministerial authorities and In the second paragraph of Article 62 (V) of this Law, the court must apply measures to ensure that the victim, offended or witness can testify and render their testimonies free of intimidation or fear for their security and their lives or those of their relatives.
Measures will also be taken to prevent any risk of revictimization during the proceedings, limiting the public exposure of the victims.
Among these measures will be included, in an enunciative but not limited and in a single or combined manner, according to the needs of the victims and the The following: characteristics and the environment of the offence:
I. Judicial and administrative mechanisms that enable them to obtain redress through expedited, fair, inexpensive and accessible procedures, and inform them of their rights to obtain redress through these mechanisms;
II. Keep them informed in their language of their role at each moment of the process, as well as the scope, the chronological development and the progress of the actions and the decision of their causes;
III. Allow your opinions and concerns to be presented and examined in the appropriate stages of the proceedings when their interests are at stake, without prejudice to the defendant's right to due process, and
IV. Avoid unnecessary delays in the resolution of the causes and in the execution of the commandments or decrees that grant repair of the damage.
Protection and Assistance for Victims
Article 68. The protection of the victims, offended and witnesses of the crimes contained in this Law will include, in addition to the provisions of article 20 of the Political Constitution of the United Mexican States and of the others contemplated in this Law, the following items:
I. The victims of the offences provided for in this Law shall be guaranteed, where necessary, adequate accommodation, quality medical care, access to education, training and employment opportunities, up to their full recovery and resocialization.
They will also be offered half way models and worthy and viable options for their social reinsertion aimed at building autonomy.
II. The victims of the crimes foreseen in this Law will be guaranteed, physical, psychological and social attention to their full recovery and rehabilitation.
This attention should be provided by competent authorities in coordination with non-governmental organisations and other sectors of civil society, in the terms of the second paragraph of Article 62 (V) of this Law.
III. Other relevant to safeguarding their physical security, their freedom, dignity, physical and mental integrity, their human rights and the repair of damage, as well as the free development of their personality in the case of girls, boys and girls. adolescents.
Article 69. The victims, offended and witnesses shall receive the necessary material, legal, medical and psychological assistance, through the federal and state authorities responsible for the matter, which may be auxiliary to organizations private, community and civil society, in the terms of the second paragraph of section V of article 62 of this Law.
At all times the appropriate authority will inform and manage the health and social services and other relevant assistance.
Article 70. To better address the needs of victims of the crimes covered by this Law, police personnel, justice, health, social services, training to raise awareness of these needs, as well as guidelines will be provided. ensure that this assistance is always specialized and timely.
Article 71. By providing services and assistance to victims, attention will be paid to special needs resulting from the nature of the damage suffered or due to any situation of vulnerability.
Article 72. By applying the provisions of this Law, the authorities will give due consideration to humanitarian and personal factors, especially for family reunification in a safe environment.
The Fund will have specific resources for these purposes.
Article 73. The victims, offended and witnesses will have the right to be given any kind of precautionary measures, precautionary providences and personal protection, that guarantee the validity and safeguard of their rights, which will take effect during the investigation, prosecution, sentencing and execution of penalties, and shall be adopted by the Public Ministry and the Judiciary, in the terms of the second paragraph of Article 62 of this Law.
Article 74. In addition to guaranteeing the measures provided for in Article 141 Bis of the Federal Code of Criminal Procedures for victims, offended and witnesses, the Public Ministry and the Judicial Branch shall ensure, in the terms of the second paragraph of the Article 62 (V) of this Law, which during the appearances and performances of these statements are free of intimidation or fear for their safety or that of their relatives and persons nearby, so at least ensure:
I. Remote media of voice and character distortion;
II. Arraignment through Chamber of Gesell, and
III. Respect for identity and other personal data.
In cases where the victim, offended or witness declares against organized crime groups, the Public Ministry and the Judiciary will adopt a set of of exceptional measures to protect your life, freedom, integrity, security and identity.
Rights of Foreign Victims in Mexico and Mexican Victims Abroad
Article 75. Responsible authorities should assist the victim and provide assistance to the victim, regardless of their immigration status.
In addition to taking the measures provided for in this Title, the authorities shall adopt, in accordance with the second subparagraph of Article 62 (V) of the present Law, measures that allow foreign victims of the crimes to be covered by this law, remain on national territory until their full recovery or obtain permanent residence. These measures shall include the right to assisted voluntary return, regularisation on national territory and, where there are needs for international protection, the right to access the procedure for the recognition of refugee status, provided for in the Refugee and Complementary Protection Act.
Under no circumstances will victims, nationals or foreigners, be housed in preventive centers, penitentiaries or migratory stations or any other site of stopping people.
Article 76. The repatriation of victims of the crimes covered by this Law will always be voluntary, and will be carried out in accordance with the provisions of the Law on Migration, its Regulations and the protocols for the repatriation of victims in force.
When the Secretariat receives a request for the repatriation of a victim of the crimes provided for in this Law, to a country of which that person is a national or in which he or she has The right of permanent residence shall ensure that the right of access to justice is ensured and that the right of access to justice is fully complied with, and that it can remain in the national territory until the corresponding criminal procedure is exhausted, if so be your desire.
Article 77. The Secretariat shall provide and accept, without undue or unjustified delay, the repatriation of the national victims, ensuring their safety at all times.
When requested by a country of destination, the Secretariat shall verify, without undue or unjustified delay, whether the victim is his or her national or has a right of residence permanent on the national territory at the time of its entry into the territory of the country of destination.
Article 78. The Secretariat shall grant visas for humanitarian reasons to the foreign victims of the offences provided for in this Law, as well as their ascendants and descendants in the first degree during the waiting period and during the criminal proceedings.
In the cases that warrant it, in the terms provided for in the Migration Law, these visas will have permits to work and may become permits to permanent residence at the request of the victim.
Article 79. In order to facilitate the repatriation of Mexican victims abroad or with a right of residence in Mexico, without immigration or identity documentation, the Secretariat will issue documents upon request of the country of destination. they are necessary to enable them to travel and re-enter national territory.
The responsible authorities will have to coordinate with the authorities of the country of origin or residence of the foreign victims for the issuance of the documents the identity or journey required for their safe return, by establishing the necessary safeguards.
Article 80. The provisions of this Chapter shall not affect the rights recognised to victims of trafficking in persons under the domestic law of the country of destination.
Nor shall it be construed as prejudice to any applicable bilateral or multilateral agreement or arrangement governing in whole or in part the repatriation of the victims of the offences provided for in this Act.
From Protection and Assistance to Victims and the Fund
Article 81. Federal, state and Federal District executives shall establish, within their respective jurisdiction, a fund for the protection and assistance of victims of the crimes provided for in this Law.
The Funds will be constituted in the terms and percentages set out in the respective Regulations and will be integrated as follows:
I. Resources provided for this purpose in the budgets of the Federation, the States and the Federal District;
II. Resources obtained by the disposal of assets seized in criminal proceedings that correspond to the crimes of this Law;
III. Additional resources obtained by the goods that they cause abandonment;
IV. Resources product of the goods that have been the subject of domain extinction and are related to the commission of the crimes provided for in this Law;
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 Funds for the Care of Victims, other than those referred to in the previous fraction, and
VII. The donations or contributions made in your favor by third parties.
The Federal Fund for the Attention of Victims of the Crimes foreseen in this Law will be administered by the instance and in the terms provided for in the Rules of Procedure, following the criteria of transparency, opportunity, efficiency and rationality to be reflected in the relevant Regulation, which will determine the criteria for the allocation of resources.
The resources that the Fund will integrate as well as those that the Federation will allocate to the State and Federal District Victims of Protection and Assistance Funds will be audited by the Higher Audit of the Federation.
In addition, the bodies responsible for the review of the public account in the areas of their respective competences will audit the Funds for Protection and Assistance the Victims of States and the Federal District, in the terms of applicable local law.
The resources of the Fund, as well as those corresponding to the funds of the Federative Entities, coming from fractions II, III, IV, V and VII of this Article, may be used for the payment of damages to the victim, in the terms of the Federal and local laws on the extinction of the domain, in the event that the resources of the sentenced person are insufficient to cover the amount determined by the judge.
Article 82. The amount determined by the judge for the repair of the damage shall compensate the victims and offended by the damages caused by any of the typical behaviors included in this Law.
This compensation will include the return of the goods or the payment for damages or losses suffered, the reimbursement of the expenses incurred as a result of the victimisation, the provision of services and the restitution of their rights, including:
I. Costs of medical treatments, medicines, clinical examinations and necessary interventions, prostheses or braces, if necessary, to the total recovery of the victim and his rehabilitation;
II. Costs of therapies or psychiatric, psychological and physical, social and occupational rehabilitation to the full recovery of the victim;
III. Transport costs, including the return to their place of origin, if the victim so decides, food costs, temporary housing, clothing, and those that are necessary;
IV. Loss of opportunities, in particular employment, education and social benefits;
V. Material damage and loss of income, including employment compensation for the time you were unable to work in your lost work;
VI. The costs of legal assistance and representation up to the full completion of the necessary legal procedures;
VII. If so requested by the victim, an official declaration or court decision that restores the dignity, reputation and rights of the victim and the persons closely linked to it.
In cases where the subject or active subjects of the crime are members of national or transnational organized crime, the victim, offended and witnesses will have right in exchange for identity and residence.
When public officials or other officers acting on an official basis commit any of the crimes covered by this Law, the victims will be resarred by the State, in accordance with the law on patrimonial liability, through the agencies or bodies whose officials or agents have been responsible for the crimes or the damage caused.
At the request of the victim, who leads such a dependency or instance, must issue an official statement that restores the dignity, reputation and rights of the victim. the victim and indirect victim.
From the Victim and Witness Protection Program
Article 83. The Attorney General's Office will develop a program to offer change of identity and relocation to victims, offended and witnesses of the crimes covered by this Law, whose integrity may be threatened.
The Federal Center for Protection of Persons will be responsible for overseeing and coordinating the implementation of this Program, and its holder responsible for deciding on the admission, duration of protection, measures to be applied, policies of confidentiality, operation and procedures.
The Federal Center for Protection of Persons will be competent to design and implement this program, and solely responsible for physical security, transfer and identity change. of the supported persons.
OF THE STATUS POLICY
FROM THE INTERSECRETARIAL COMMISSION AND THE NATIONAL PROGRAM
From the intersecretarial commission
Article 84. The Federal Government, in accordance with Article 21 of the Organic Law of the Federal Public Administration, will establish an Intersecretarial Commission to Prevent, Combat and Punish Crimes in Matter of Human Trafficking, which will have as its object:
I. Define and coordinate the implementation of a State Policy on Trafficking in Persons and other objects provided for in this Law;
II. To promote and coordinate in the whole Republic the interagency link to prevent and punish the crimes that are the object of this Law;
III. Inspection and monitoring of programs, actions and tasks;
IV. Evaluation, accountability and transparency, without prejudice to the privileges that correspond to other instances in these matters.
Article 85. The Commission shall be composed of the holders of the following dependencies:
I. Secretariat of Government;
II. Secretariat for Communications and Transport;
III. Secretariat for External Relations;
IV. Public Security Secretariat;
V. Secretary of Labor and Social Welfare;
VI. Health Secretariat;
VII. Secretariat for Social Development;
VIII. Secretariat of Public Education;
IX. Secretary of Tourism;
X. Attorney General's Office;
XI. National System for Integral Family Development;
XII. Procuratoria Social de Atención a Victims del Delito;
XIII. National Institute of Women;
XIV. National Migration Institute, and
XV. National Institute of Criminal Sciences.
For each owning member there will be a substitute appointed by the holder, who in his case must have an immediate or lower level.
In meetings the alternate will have the same powers as the owners.
Article 86. They may participate in the meetings of the Intersecretarial Commission, with a voice but without a vote:
I. A representative of each of the Chambers of the Congress of the Union, appointed by the respective Camaral Plenes;
II. A representative of the Judicial Branch of the Federation, appointed by the Federal Judiciary Council;
III. Three Governors, appointed by the National Conference of Governors;
IV. A representative of each of the municipalities ' organizations, appointed by the plenary of the organizations themselves;
V. A representative of the National Human Rights Commission;
VI. A representative of the National Population Council;
VII. Three representatives of the Organization of Official Human Rights Organizations;
VIII. Three representatives of the National Conference of Attorneys General of Justice;
IX. A representative of the National Public Security Council;
X. Three representatives of civil society organizations;
XI. Three academic experts with relevant knowledge and work on the topic of human trafficking.
Article 87. The Commission shall be chaired by the Secretary of Government.
The Technical Secretariat shall be occupied by the person Holder of the Unit for the Promotion and Defense of Human Rights of that Secretariat.
Article 88. The Commission shall have the following powers and powers:
I. Propose your Rules of Procedure;
II. Develop the National Program project, which will contain the Mexican State's policy regarding these crimes.
This Program should include the strategies and policies of the Mexican State of prevention, protection and assistance, and persecution.
It should also contain general and targeted policies on prevention, investigation, prosecution and punishment, as well as protection, assistance and resocialization of victims, offended and witnesses;
III. Establish the basis for national coordination between the three branches of government and government orders, official human rights organizations, civil society organizations, international organizations and bodies, and institutions academic, in the design and implementation of the National Programme;
IV. Adopt policies and programs that include the cooperation of civil organizations, in order to:
a) Develop the National Program;
b) Set coordination guidelines for the application of the Program;
c) Facilitating cooperation with other countries, mainly those reporting the highest number of foreign victims and those identified as transit or fate of the Mexican victims, and
d) Coordinate the collection and exchange of data of the crimes provided for in this Law, respecting the confidentiality of the victims.
V. Develop prevention and education campaigns, as well as local development programs to prevent crimes in the field of human trafficking;
VI. Promote, promote and subscribe interinstitutional collaboration agreements and conclude coordination agreements:
a) With the governments of the federal entities and the Federal District, on the design and operation of immediate assistance programs to the victims of internal trafficking and other offences provided for in this Law in the area of security, transit or destination, with the purpose of assisting or assisting them in their return to their place of origin, as well as for the detection of victims and potential victims and to implement measures to prevent the operation of sites that promote the crime of trafficking of persons, particularly affecting women, girls, boys and adolescents;
b) Inter-institutional interdependencies between federal government agencies, in matters of security, hospitalization, transit, or destination of foreign or Mexican victims abroad, for the purpose of protecting them, orienting them, assisting them in their return to their place of origin or in their voluntary repatriation; as well as to prevent the crimes under this Law throughout the national territory and to prosecute and punish them who are involved in your committee.
VII. The interagency collaboration agreements and agreements must be adjusted, in the way that is conducted, to the previous bases in the General Law of the National System of Public Security and the General Law of Migration.
These conventions and agreements may be signed with civil society organisations and academia, with the following purposes:
a) Reporting and training with a gender perspective, human rights and the best interests of children, on fundamental concepts and implications of the offences provided for in this Law and the international instruments related to the matter to the staff of the federal public administration related to this criminal phenomenon;
b) Promoting scientific research and the exchange of experiences between agencies and institutions at national and international levels, including civil society organisations linked to the protection of the rights of girls, boys, adolescents and women;
c) Inform the population about the risks and implications of the crimes foreseen in this Law, the mechanisms to prevent their commission or revictimization, as well as the various forms of submission to commit them;
d) Inform and warn the staff of companies in all sectors liable to be means to the commission of these crimes, about the responsibility in which may be incurred in the event of facilitating or not preventing the conduct inherent in them, as well as guiding them in prevention.
VIII. Collect, with the assistance of the National Public Safety System and the National Conference of Attorneys and other relevant institutions and bodies, the statistical data relating to the criminal incidence of criminal offences provided for in this Law, in order to publish them periodically.
This information must be unaggregated:
a) The number of victims, their sex, marital status, age, nationality or place of origin, form of recruitment, victimisation mode, places of destination and, where applicable, migratory quality, where appropriate;
(b) The data for the routes and methods of transportation used by persons and criminal organizations committing the intended crimes in this Act, and
c) Aquella concerning international border transit related to the victims of the crimes foreseen in this Law.
IX. Design appropriate and safe policies for the repatriation of victims of the crimes covered by this Law;
X. Promote agreements with associations, foundations and other non-governmental organizations that aim to prevent and combat crimes under this Law and protect victims, in order to implement strategic projects aimed at achieving the objectives of this Law;
XI. Establish assistance and support programs for the family and social reunification of victims of crime under this Law;
XII. To conduct campaigns to promote the reporting of crimes under this Law and to achieve the detection, prosecution and disarticulation of criminal networks of the crimes provided for in this Law;
XIII. Develop educational programs on risks in the use of the Internet and social networks;
XIV. Develop programs for the protection of personal data and control of personal information, including different forms of operation for recruitment, modes and forms of account intervention, and restrictions on sending photographs personal and intimate;
XV. In coordination with the Secretariat, monitor and monitor on a permanent basis that classified ads that are published by any means, in accordance with the guidelines to be issued for this purpose.
Article 89. The members of the Commission shall have the following obligations:
I. The Secretariat of the Interior will coordinate the work of the Commission and will serve as liaison with the heads of the executive, legislative and judicial branches of the three government orders, in the field of the necessary public policies. implementation, in order to strengthen the prevention and punishment of the crimes provided for in this Law, as well as the protection and assistance of victims of this crime, including supporting the measures necessary to comply with the Law Federal against Organized Crime in the field of the protection of witnesses and their families and others agents linked to the commission of the offence;
II. The Secretariat of Foreign Affairs will design and coordinate a program of protection and specialized care for victims of the crimes foreseen in this Law that will be applied in consular representations abroad. It will also coordinate with the Secretariat of the Interior, the National Migration Institute and the National Population Council to propose the necessary measures to guarantee the victims ' stay in national territory for the time being. necessary and until prior to their voluntary return to their place of origin or permanent residence;
III. The Secretariat of Public Security, will design and implement permanent programs in order to ensure proper surveillance at railway stations, bus terminals, airports and seaports and border crossings, with the the purpose of preventing and detecting the likely commission of the offences provided for in this Law;
IV. The Executive Secretariat of the National Public Security System will collect information regarding the criminal incidence of the crimes provided for in this Law and will generate a data bank that will contain at least the nationality, age, marital status and gender of the active and passive subjects, as well as the way in which the networks linked to organised crime are operated and how their members were detected, detained and referred to the competent public ministry, either of the common or federal jurisdiction;
V. The Secretariat of Social Development will design and implement models that will allow to combat the structural causes that generate conditions of greater risk and vulnerability in the face of the crimes foreseen in this Law, with special reference to the poverty, marginalization and social inequality;
VI. The Secretariat of Public Education in coordination with the Secretariat of Government, will design prevention modules for the different school cycles that will be included in the curriculum of basic education;
VII. The Health Secretariat will support due physical and psychological attention to the shelters for victims of the crimes foreseen in this Law. It will also design a national strategy to inform society about the risks to health that the commission of these crimes means;
VIII. The Secretariat of Labor and Social Welfare will provide job training, offer opportunities for their work bag, and sign agreements with companies to provide opportunities for rehabilitation and rehabilitation of victims. the offence provided for in this Act by means of employment opportunities, as well as increase its inspections of the labour centres, in the field of their competence, to prevent and detect such a crime in a timely manner;
IX. The Tourism Secretariat will design public programs and policies to discourage sex tourism, training staff in the service areas of the sector, as well as designing and implementing campaigns in and out of the country to prevent and discourage the proliferation of the crime provided for in this Law, in any activity related to its field of competence;
X. The Attorney General's Office will develop and implement programs to prevent the crime of trafficking in persons, with the aim of strengthening citizen denunciation and social solidarity; it will promote policies at the National Conference of Attorneys public security necessary for the prevention of crime at national level and will propose the legislative harmonisation of the criminal types linked to this matter throughout the country; it will coordinate with the Secretariat of Public Security with the object of updating the data relating to the criminal incidence across the country for the purpose of monitoring the state in which the criminal proceedings of those persons detained and consigned by the commission of crimes in the field of human trafficking are found; it shall be responsible for establishing a Special Prosecutor's Office for the prosecution of these crimes, whose active subjects are suspected of belonging to national or international organized crime, and will implement intelligence research mechanisms, a Victims and Witness Protection Unit for human trafficking and promote measures of procedural protection in their favour;
XI. The National System for Integral Development of the Family will be responsible for the protection and attention before, during and after the process, of all those victims of crime under the age of 18, taking care that their special needs are satisfied in the shelters for victims of the illicit trafficking in human beings;
XII. The Social Procuratorate of Attention to the Victims of Crime, will provide timely and comprehensive care to victims or offenders of crimes, by themselves or in coordination with specialized institutions, in terms of the applicable regulations; contribute to the effective performance of the authorities with competence in this field, and design and implement policies, programmes and schemes for collaboration and inter-institutional coordination of care for victims or offenders;
XIII. The National Migration Institute, in coordination with the Secretariats of the Interior, Foreign Relations and the National Population Council will implement the necessary measures to guarantee the stay of the victims of the crime. for persons on national territory for the necessary time and before their voluntary return to their place of origin or permanent residence;
XIV. The National Women's Institute will be responsible for the protection and care before, during and after the process, of all those women who are victims of crime, taking care that their special needs are met in the victims ' shelters. of the offences provided for in this Law;
XV. The National Institute of Criminal Sciences will design and implement training, training and updating programs for the prevention and punishment of slavery, trafficking in persons or exploitation, directed at least to the agents Federal Investigation and Agents of the Public Ministry of the Federation.
Article 90. The Commission shall design and monitor the operation of unique models of assistance and protection for victims, potential victims, offenders and witnesses of the offences covered by this Law, which will be developed by the agencies and entities of the Federal Public Administration, within the scope of their respective powers, who must understand at least:
I. Legal guidance, including migration, social, educational and labour assistance to victims of the offences provided for in this Law.
In the event that the victims belong to some indigenous people or community or speak a language other than Spanish, they will be appointed a translator. attend at all times.
II. Social, humanitarian, medical, psychological, psychiatric, orthopaedic and prostheses to the victims of the crimes covered by this Law, until their full recovery;
III. Opportunities for employment, education and training for the victims of crime through their integration into social programs.
In cases where the active subjects of the crimes are part of the organized crime, special programs should be designed that do not at risk of their lives, their security and their integrity, including the change of identity and their relocation.
IV. Construction of shelters, shelters and half way houses specialized for the victims, offended and witnesses of the crimes foreseen in this Law, where a decent accommodation is guaranteed for the necessary time, material assistance, medical, psychiatric, psychological, social, food and care taking care of their needs and their evolution;
V. Ensure that the stay in shelters, shelters, and halfway houses or in any other facility designed for the assistance and protection of victims of the crimes provided for in this Law is voluntary and have the means to be able to communicate, provided that the person or the active subjects of the offence are not presumed to be members of organised crime and these measures endanger their lives, their integrity and their safety and those of the other victims with which you share protection and assistance measures;
VI. Ensure that under no circumstances are domestic or foreign victims, in preventive centers, penitentiary or migratory stations, or places enabled for that effect, to be hosted;
VII. Ensure protection against possible retaliation, intimidation, aggression or revenge by those responsible for the crime or those linked with them to:
a) The victims;
b) Relatives or persons who are united to the victim by friendship or esteem ties;
(c) Witnesses and persons who provide information regarding the crime or who collaborate in some other way with the authorities responsible for the investigation, as well as their families;
d) To members of civil society or non-governmental organizations who are providing support to the victim, their family members, or witnesses.
VIII. Measures to ensure protection and assistance, including, at least, physical protection, adjudication by the Attorney General of a new place of residence, change of identity, aid in obtaining employment, as well as those humanitarian measures that encourage family unification, also in charge of the Attorney General's Office.
In order to carry out the above protection measures, the resources of the Fund may be used, subject to the applicable provisions.
Article 91. The Commission will encourage actions to strengthen the solidarity and social prevention of crime according to the following criteria:
I. To raise awareness among the public about the crime of trafficking in persons and other crimes under this Law, the risks, causes, consequences, purposes and measures of protection, as well as the rights of victims and potential victims;
II. Develop strategies and programs aimed at discouraging the demand caused by human trafficking and other crimes foreseen in this Law;
III. Conduct information campaigns about the methods used by those responsible for the crimes provided for in this Law to capture or recruit victims;
IV. Report on the consequences and damages suffered by the victims of trafficking in persons and other crimes provided for in this Law, such as physical, psychological, addictions, dangers of contagion of sexually transmitted infections, between other;
V. Establish measures to protect the rights and identity of victims by the media, so that in case of not respecting their rights, they incur responsibility. It is excepted when the information is about the active subjects and the consequences of this crime, in a committed way for their prevention and not their promotion and promotion.
From The National Program
Article 92. The Commission will design the project of the National Program, which will define the Mexican State's Policy in the face of the crimes foreseen in this Law, which must include at least the following items:
I. Diagnosis of the incidence, modalities, causes and consequences and their criminal behavior, as well as the groups affected or to a greater degree of vulnerability;
II. Commitments acquired by the Government of Mexico on the subject to the international community;
III. Strategies and the way in which the Mexican State will coordinate and act uniformly, the distribution of competencies and the governmental institutions responsible for prevention, protection, assistance and persecution;
IV. Elaboration of an Existing Resource Inventory;
V. Attention Protocols for Inter-Agency Coordination;
VI. Critical route with times, attributions, and obligations;
VII. Public Policies to comply with the Prevention, Protection and Assistance and Persecution Strategies;
VIII. Official Inter-Agency Coordination Standards;
IX. Forms and needs for coordination and exchange of international and national information;
X. Training and Permanent Update Programs for the three powers and the three government orders.
Article 93. The judicial and ministerial authorities shall make known to the society the results of the evaluations they carry out, as well as other comprehensive information to measure the development and progress of the national and state evolution of the crimes foreseen in this Law, as well as its prevention, combat and sanction.
The Intersecretarial Commission will draw up, with the information it receives from all the participating agencies of the three government orders, an annual report contain the results obtained by the National Programme.
This report will be referred to the Constitutional President of the United Mexican States and the two Chambers of the Congress of the Union and will be given a wide dissemination in the means of communication throughout the national territory.
Article 94. It will be up to the Inter-secretarial Commission, the Secretariat and the Attorney General's Office, in the field of their competencies, to evaluate the progress and results of the programs for the prevention, combat and punishment of the crimes provided for in this Law, and the protection and assistance to victims, without prejudice to the fact that the local authorities carry out their assessments.
This assessment and that of local authorities will be systematic and permanent.
Their results will be taken as a basis for the ministerial and judicial authorities, in the field of their competence, to adopt the measures.
Article 95. In the monitoring and evaluation of the results obtained in the implementation of the agreements and agreements mentioned in sections VI and VII of Article 82 of this Law, the National Conference of Proctors, the National Council, will be involved. Public Security and the Intersecretarial Commission.
The agreements and agreements must be adjusted, in the course of conduct, to the previous bases in the General Law that establishes the National Security System Coordination Bases. Public and in the General Population Law, and may subscribe with civil society organizations and academia for the purposes and criteria outlined in section VII of article 57 of this Law.
From the National Program Assessment
Article 96. Without prejudice to the above paragraphs, the institutions referred to in this article are obliged to generate indicators on their progress in the application of methods to prevent and eliminate any form of crime. provided for in this Law, in order for them to be subject to assessment on the matter.
Such indicators will be in the public domain and disseminated through the available means.
Article 97. Federal, state, municipal and Federal District authorities responsible for preventing, prosecuting and punishing the crime of human trafficking and other crimes under this Law, as well as those responsible for providing assistance and protection to the victims, will meet periodically for the purpose of analyzing and exchanging opinions on the development of the National Program, as well as the states, municipalities and the Federal District, in order to formulate recommendations and agree actions to support the fight for the eradication of this social phenomenon in all its manifestations and modalities.
These meetings will be chaired by the Secretariat and convened by the Intersecretarial Commission.
OF PREVENTION OF CRIMES UNDER THIS LAW
Of Prevention Policies and Programs
Article 98. The authorities of the three government orders, within the scope of their respective powers and the powers and obligations laid down in this Law, shall establish and implement policies, programmes, actions and other measures, with the aim of contribute to the eradication of the offences covered by this Law.
Article 99. The Secretariat and its equivalent bodies in the federative entities shall implement measures such as research activities and information and dissemination campaigns, as well as coordinate the design and implementation of social initiatives and in order to prevent and combat the offences provided for in this Law.
Article 100. Policies, programmes and other measures adopted for the prevention of illegal activities contained in this Law shall include, where appropriate, cooperation with non-governmental organisations, other relevant organisations and other sectors. of the society.
Article 101. The authorities of the different government orders will implement legislative, educational, social and cultural measures in order to discourage the demand that leads to any form of exploitation that causes human trafficking and other crimes object of this Law.
Article 102. The Secretariat shall adopt and implement all necessary measures to protect immigrants or migrants, and in particular women, girls, boys and adolescents, at the place of departure, during the journey and at the place of destination.
Article 103. The Secretariat of Public Security shall take appropriate measures to ensure vigilance at railway stations, at airports, at sea ports, in garitas and border points and in other public places, at the end of the year. prevent the commission of the crime of trafficking in persons and other offences provided for in this Law.
Article 104. The Secretariat of Public Security and state, municipal and Federal District authorities, within the scope of their powers, will supervise businesses that may be conducive to the commission of the crime provided for in this Law, carrying out inspections in modeling or art agencies, massage rooms, bars, canteens, hotels, cinemas, Internet service, public toilets or others.
To authorize the operation of businesses that provide Internet service, they must have parental filters and defense against unwanted intrusions.
The Municipal Authorities and the Territorial Demarcations of the Federal District, in accordance with their powers and powers, shall adopt the measures necessary for the inspection of placement agencies, in order to prevent persons seeking work, in particular women, girls, children and adolescents from exposing themselves to the danger of trafficking in persons and other offences provided for in this Law.
Article 105. The law enforcement authorities of the various government orders, will proceed to the immediate search of any woman, child, child or teenager or any person who is reported to be lost, subtracted or absent, putting a general alert on all instances of justice and police enforcement throughout the national territory and beyond, as well as the National Migration Institute and the Secretariat of Foreign Relations to prevent the Person reported can be taken out of the country.
Article 106. Any advertising or insertions paid in the mass media of any kind shall be prohibited, including in their publications advertisements for sexual contact or promoting prostitution and pornography that may lead to trafficking of persons and other offences provided for in this order.
Preventive Care for High Vulnerability Zones and Groups
Article 107. To comply with the provisions of the previous Chapter, the authorities of the three government orders, within the scope of their respective competencies, and taking into account the particular needs of each locality, shall carry out the following activities:
I. Special attention will be paid to isolated localities and urban areas that have been identified as potentially with the greatest potential for their population to fall victim to the crimes foreseen in this Law, and those with the highest incidence. of these crimes;
II. Promote development centers, assistance and other establishments that support victims and their safe reintegration into social life in a continuous and stable manner;
III. Grant support to at-risk groups with specific requirements;
IV. Undertake campaigns that tend to raise the cultural, social, social welfare and awareness levels of the population over the problem in all its manifestations;
V. They will make programs for families, which will enable them to give better care to their daughters and children in the prevention of this crime;
VI. They will conduct campaigns for the registration of all girls and boys that are born on national territory, repealing the fines for extemporaneous registration, promoting mobile units of the Civil Registry that visit the most remote and isolated areas of the country. country.
The Secretariat of Public Education, through schools, will facilitate the registration of girls and boys who attempt to be enrolled and do not have a record of birth;
VII. Give encouragement to civil partnerships that engage in the prevention of this crime and the attention, protection and assistance to victims and their families;
VIII. Promote the participation of society in the prevention of this crime and in the attention, protection and assistance of victims and their families, as well as the support of individuals to the financing and activities to which it refers this Chapter;
IX. Grant awards and distinctions to those who contribute to the achievement of the purposes mentioned in the previous article, and
X. Carry out the other activities to extend the quality and coverage of the prevention services of this crime and to the attention, protection and assistance to the victims and their families and possible victims, and to achieve the objectives mentioned in the previous article.
Article 108. The Federal Government and the governments of the states and the Federal District, under the General Law of Social Development, will carry out local development programs that will include assistance actions, food aid, health, education, housing and other measures to counteract the social conditions that have an impact on increasing the risk of victimization of the crimes foreseen in this Law.
From the Assessment of Prevention Programs
Article 109. Federal, state and Federal District authorities, in the areas of their respective competences, in terms of the applicable provisions, will be required to generate indicators on the implementation and results of the programmes for to prevent crimes in the field of human trafficking, in order to enable progress to be made subject to evaluation.
Such indicators will be in the public domain and disseminated through the available means.
Article 110. Federal, state, municipal and Federal District authorities, responsible for preventing, prosecuting and punishing the crime of human trafficking and for providing assistance and protection to victims, will meet regularly for the purpose of to analyze and exchange views on the development of the Program, formulate recommendations and agree actions to support the fight for the eradication of this social phenomenon in all its manifestations and modalities.
These meetings will be chaired by the Secretariat and convened by the Intersecretarial Commission.
From Attention to Rezagos
Article 111. The State will support the implementation of programs in regions that show greater lags in the prevention of the crime of trafficking in persons, prior to the conclusion of agreements.
Article 112. The authorities of the different government orders, taking into account the particular needs of each region or locality that in the evaluations of the programs show lags in the attention of these crimes, will carry out activities complementary to those of prevention identified in Article 72 of this Law, in order to combat the lags detected in the areas of their respective competencies.
POWERS AND POWERS OF THE AUTHORITIES OF THE THREE GOVERNMENT ORDERS
From The Federal Government
Article 113. In addition to the powers to investigate, prosecute and punish the offences under this Law established in the First Book and in the Program, the following privileges are exclusively to the federal authorities:
I. To determine the State Policy for the entire Republic to prevent, investigate, prosecute and punish the crimes provided for in this Law, as well as for the assistance and protection of victims, offenders and witnesses, to the effect of which consider the opinion of the authorities of the three powers and the three government orders, as well as the various social sectors involved;
II. Develop coordination mechanisms between the federation, the states, the municipalities, the Federal District and its territorial demarcations, in order to eradicate the crimes foreseen in this Law;
III. To push for coordination agreements between agencies of the Federal Government and the states and the Federal District to provide assistance and comprehensive protection to victims, offended and witnesses;
IV. Regular a national system of training, updating, training and professionalization of public servants who participate in the prevention and punishment processes of the crimes provided for in this Law and the assistance and protection of the victims and possible victims, offended and witnesses of such offences;
V. Promote in coordination with the Federal Governments, federal agencies and the Federal District, training courses for people who attend to the victims, possible victims, offended and witnesses of the crimes that are the object of this Law;
VI. Create, regulate and operate a national system of surveillance and observation of the crimes covered by this Law, which will permit the evaluation of the progress and results of the actions of the State and society in their fight and prevention;
VII. Set the general guidelines of the evaluations to which the actions and programs developed by the Federal Government, the federal entities, the municipalities, the Federal District and its territorial demarcations and the society;
VIII. Support the creation of shelters, shelters and halfway houses for the victims, offended and witnesses of the crimes that this Law defines as the federal jurisdiction, or to support civil society organizations, for the creation and operation of the same, until the full recovery of the victims, offended and witnesses of the crimes foreseen in this Law;
IX. According to the results of the observation and evaluation of the evolution of the crimes foreseen in this Law in the country and the periodic evaluation of results, as well as in function of resources that the federative entities and municipalities for compliance with the provisions of this Law, subject to budgetary availability, support to federal entities that are most at risk or lag, with technical, human and financial resources;
X. Set the unique protocols for the use of procedures and resources for the rescue, assistance and protection of victims and potential victims;
XI. Set minimum requirements for programs and plans that are formulated by federal authorities, federal authorities, municipalities, the Federal District, and their territorial demarcations;
XII. Set minimum requirements for the projects and programs that the civil society organizations involved in combating the crimes provided for in this Law and the attention and protection of victims, whose activities have support officers;
XIII. To bring a national registry of civil society agencies, institutions and organizations to carry out actions in the fight against the crimes provided for in this Law and assistance and protection for victims;
XIV. Encourage, in coordination with the competent authorities, international relations and intervene in the formulation of cooperation programs in the field;
XV. Establish the basis of coordination for the implementation of the National Programme;
XVI. Facilitate cooperation and exchange of information with the migration and security authorities of other nations and international bodies on the subject;
XVII. Collect and exchange the data and crime statistics of the offences provided for in this Law, respecting the confidentiality of the personal data of the victims;
XVIII. Promote cooperation among countries, through bilateral, regional, inter-regional and international mechanisms, to prevent, prosecute, punish, monitor, and eradicate the crimes foreseen in this Law;
XIX. Protect and assist victims, offenders and witnesses of the crimes that this Act defines as federal competition through the creation of shelters, shelters and halfway houses for victims, or support organizations of the civil society, for the creation and operation of the same, to the full recovery of the victims, offended and witnesses of such crimes, and
XX. The others who establish this Law and other applicable provisions.
From State, Municipal and Federal District Authorities
Article 114. Correspond exclusively to the authorities of the states and the Federal District, in their respective fields of competence, the following privileges:
I. In accordance with the National Program, formulate policies and implement state programs to prevent, punish and eradicate the crimes provided for in this Law, as well as for the protection, attention, rehabilitation and recovery of the the life project of the victims and possible victims, offended and witnesses;
II. Propose to the Intersecretarial Commission national and regional contents, to be incorporated into the National Program;
III. To provide training, updating, training and professionalization services for the institutional actors involved in the prevention and combating of the crimes provided for in this Law and for the assistance and protection of the victims, in accordance with the general provisions to be determined by the federal authorities;
IV. Implement, in coordination with the Federation, programs and projects of care, education, training and research in the field of slavery, trafficking in persons or exploitation and other crimes provided for in this Law;
V. Promote programs to prevent risk factors for potential victims of crimes under this Law that include local development programs;
VI. The creation of shelters, shelters and halfway houses for the victims, offended and witnesses of the crimes that this Law defines as the common jurisdiction, or to support the civil society organizations, for the creation and operation of the same, until the full recovery of the victims, offended and witnesses of the offences contained in this Law;
VII. Review and evaluate the effectiveness of policies, programs, and actions based on the guidelines that federal authorities develop for this purpose;
VIII. Provide the authorities with the task of performing statistics, the information needed for their processing;
IX. Promote legal reforms to meet the objectives of this Law, and
X. The other applicable to the matter, which confesses to them this Law or other legal orders.
Article 115. Corresponds to the municipalities and territorial demarcations of the Federal District in the field of their respective faculties and competences, in accordance with this Law, the applicable legislation in the field and the policies and programs federal, state and Federal District:
I. Instrumentation policies and actions to prevent and eradicate slavery, trafficking in persons or other crimes provided for in this Law;
II. Support the creation of awareness and training programs for public servants and officials who may be in contact with potential victims of the crimes foreseen in this Law;
III. Support the creation of shelters or models of emergency protection and assistance, until the competent authority takes cognizance of the fact and proceeds to protect and assist the victim, offended or witness the offences provided for in this Act;
IV. To detect and prevent the trafficking of persons and other crimes provided for in this Law, in the territory under their responsibility, through the authorization of the operation of establishments such as bars, night clubs, places of entertainment, Fairgrounds or sports facilities, massage parlors, hotels, baths, vapours, loncheries, restaurants, public roads, internet cafes and others, as well as through the surveillance and inspection of these businesses, and
V. The other applicable matters and those that confer this Law and other legal systems.
Article 116. In addition to the exclusive powers of the Federal Governments, the Federal Authorities, the municipalities and the Federal District and their territorial demarcations, the following powers are conferred on them concurrently:
I. Edit and produce dissemination materials for the prevention of the crimes foreseen in this Law in all its forms and modalities;
II. Promote the investigation of the crimes foreseen in this Law, in all its manifestations and modalities, so that the results will serve as a basis for the development of new policies and programs for their prevention and combat, as well as for developing new measures for the care, protection and assistance to victims;
III. Encourage and disseminate knowledge and prevention activities of the crimes foreseen in this Law in all its forms and manifestations;
IV. Promote and strengthen private institutions and organizations in their tasks that pay attention to victims and potential victims, offended and witnesses to the crimes contained in this Law and in their prevention;
V. Develop mechanisms for public security institutions to coordinate, within the framework of the National Public Security System for:
a) Conduct studies on structural causes, geocriminal distribution, statistics, historical trends and patterns of behavior, places of origin, transit and destination, modus operandi, mode of engagement or recruitment, operating mode, among others, that allow the updating and perfecting of the investigation for the prevention of the crimes defined in this Law;
b) Get, process and interpret geocriminal information through the analysis of the factors that generate antisocial behaviors foreseen in this Law with the purpose of identifying high-risk areas, sectors and groups, as well as their correlated protection factors;
c) Supply and exchange information obtained through the respective technology systems and instruments;
d) Carry out campaigns aimed at preventing and avoiding the factors and causes that cause the criminal phenomena typified in this Law, as well as spreading its content;
e) Establishing collaborative relationships with competent authorities, as well as with civil and private society organizations, with the aim of guiding to the company in the measures it must take to prevent the crimes established in this Law and the other ones established in other ordinances.
VI. Create mechanisms and provide resources for law enforcement and law enforcement institutions to develop methods of collecting and systematizing information in order to implement the strategies needed to make the preventive research, based on the following criteria:
a) Design and operate collection, classification, recording, analysis, evaluation and exploitation systems of information regarding the conduct envisaged in this Law, in order to form a national database that supports the development of plans and programs that serve to ensure public safety in this field,
b) Systematizing and executing strategic information analysis methods to identify individuals, groups, organizations, priority areas, and modes of operation linked to the conduct provided for in this order, and
c) Other than with such a character to establish this Law and other applicable provisions.
VII. The government of each federal entity, the Federal District, the local councils and the delegation heads will be able to conclude agreements to coordinate or unify their activities in the field of this Law, in order to better comply with the responsibilities for your position.
Article 117. The Attorney General's Office shall be competent for the elaboration of a confidential program, in the terms of the Law of the Matter, subject to strict criteria of admission, which may offer change of identity and national and international relocation, after assessment of the threat to your life and the degree of risk posed to you by organized crime.
Article 118. All procedures relating to the admission of persons and the measures taken shall be kept strictly confidential, including documents which are supplied as supporting documents or proof of proof must be treated with this criterion, except by order of the authority responsible for the Federal Protection Program or by exceptional order of competent court.
The federal Center for Protection of Persons must have an independent database for the registration of its operations, in order to guarantee the highest security and confidentiality levels, which must be capable of tracking and identifying any unauthorized attempts to extract system information, in terms of applicable regulations.
To ensure confidentiality, highly professional measures will be put in place for the selection and recruitment of the staff of the Centre, who will have to comply with the higher certification requirements and in this way prevent the disclosure of information related to the rules and procedures of work, the staff of the program, the whereabouts or the identity of the victims and witnesses of the crimes provided for in this Law.
Article 119. The Program must include at least the following measures:
I. Strict admission criteria, including a risk assessment for the population that can mean providing protection and relocation to criminals or people with a criminal record;
II. Convention of admission, stressing the obligations of persons who request to be admitted;
III. Procedures and penalties for the case that the agreement is violated by the participants;
IV. Procedures in cases where the confidential information of the participants in the programme is disclosed and penalties for unauthorised disclosure of such information;
V. Protection of the rights of third parties, including compliance with debts incurred by victims and witnesses and any non-relocated food creditor and right to visit.
Article 120. For a person to qualify for this Program, you need to meet the following requirements:
I. Your testimony must be crucial to the success of the criminal procedure and that such information cannot be obtained in any other way;
II. Have a psychological profile that demonstrates the ability to respect the rules and restrictions imposed by the Program;
III. Informed consent of the applicants;
IV. The responsible authority must explain the measures to be taken and the limitations to its personal life which, if accepted in the Programme, will be in the obligation to comply, as well as the acceptance of the person to respect all the protection rules and measures undertaken, with the need to refrain from jeopardising the security of the;
V. Assessment of needs to enable a valid and informed decision to be considered:
a) The level of threat to the life of the applicant or his/her family members in the first degree, which shall be a threat of death;
b) Ability to adapt and resist high degrees of stress by finding themselves away from people they know and isolated from the places they are habituated;
c) That their participation in the criminal procedure is indispensable for the dismantling of organized crime organizations;
d) Family situation, including, marital status, protected and unprotected dependents, criminal record of the applicant and his/her spouse.
Interim protection measures must be provided during the evaluation process by ensuring that victims are not in the same place as witnesses.
Article 121. The change of identity is an exceptional measure that consists in the creation of a new personal profile, hiding the original identity in the terms that the law of the matter has.
The identity change will be applied only when the threat to life cannot be avoided by temporary relocation or other measures.
The responsible authority will be able to decide when to issue the new identity, but will try to do so once the criminal proceedings have been concluded.
Article 122. Applicants or admitted persons may be rejected or discharged from the Program for the following circumstances:
I. Unjustifiable refusal to participate in criminal proceedings;
II. Refused to accept the plans and conditions of their relocation;
III. Non-compliance with acquired rules, conditions, and obligations that can significantly affect the protection provided;
IV. Voluntary Program Retreat.
From Financing to Prevention, Sanction and Eradication of Offences in this Law and Assistance and Protection for Victims, Offerings and Witnesses
Article 123. The Federal Government and the governments of the states and the Federal District, subject to the provisions of their respective income laws and Decrees of the applicable discharges shall be in the financing of the prevention, punishment and eradication of the crimes provided for in this Law and of the services for the assistance and protection of the victims and offended.
Federal resources received for that purpose by each federal entity shall not be transferable and shall be applied exclusively in the provision of services and other activities foreseen in this Law in the entity itself.
The governments of the federal entities and the Federal District will lend all the facilities and collaboration so that, if necessary, the Higher Audit of the Federation verify the correct application of those resources.
In the event that such resources are used for different purposes, the applicable legislation on administrative, civil, and civil liability will be provided for. and penalties to proceed.
Article 124. The governments of the states and the Federal District, in accordance with the applicable provisions, will provide the driving for each city council. and territorial demarcation receives resources for the fulfillment of the responsibilities that are in charge of it.
Article 125. To comply with the provisions of the previous articles, the Federal Government, the governments of the states and the Federal District, will take into account the priority nature of the prevention, combat and punishment of the crimes foreseen in the this law, and the protection and assistance to victims of this crime, for national security.
Article 126. The Office of the Attorney General of the Republic, through the Subprocuratorate of Specialized Investigation in Organized Crime, will have a General Coordination for the investigation and prosecution of the crimes covered by this Law, when they are committed by organised crime, which will have at least one general coordinator, prosecutors, public ministries and specialised ministerial police, the human, financial and material resources necessary for its effective operation. This General Coordination shall be integrated with expert and expert services for the exercise of its function, in accordance with the requirements of the respective regulations.
First. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Second. The Law to Prevent and Punish Trafficking in Persons, published in the Official Journal of the Federation on 27 November 2007, is repealed.
Third.- The implementation of this decree will be carried out by the respective budgets approved in the instances of the three government orders required to comply with the requirements set forth herein.
Fourth.- The Federal Executive will have 90 days from the publication of this Law to issue the Regulations.
Fifth.- The Federal Executive will have 60 days to modify or adapt the National Program to Prevent, Punish and Eradicate Crimes in the Field of Trafficking. of Persons and for the Protection and Assistance of Victims of these Crimes, with the provisions of this Law.
Sixth.- The Office of the Attorney General of the Republic and the Fiscalas or Attorney General of the States and the Federal District will have a a 90-day non-renewable term for the installation and commissioning of the Specialized Coordination and the Fiscalis referred to in this Law.
Seventh.- The Secretariat of the Interior will ensure continuity in the functioning of the Inter-secretarial Commission to Prevent and Punish Trafficking in Persons, as it has done so far, inviting the new members to participate that this Law establishes in a term of 60 days, in order to give continuity to the works of the said Commission, must make the necessary modifications to give compliance with this legal order.
Eighth.- The Interior Secretariat must issue guidelines for the surveillance and monitoring of classified ads within a period of no more than 90 days. Subsequent to the publication of this Decree.
Ninth.- This Law repeals the crimes that are the subject of the law, in the Federal Criminal Code and Federal Laws.
Tenth.- The Congresses of the States and the Assembly of Representatives of the Federal District will proceed to make the relevant reforms in the matter and the laws specific, in order to harmonise the conduct of this Law.
Tenth First.- The provisions relating to the offences referred to in this Law provided for in both the Federal Criminal Code and the Criminal Codes Local authorities, until the entry into force of this Law, will continue to apply for the facts during their validity. Likewise, those provisions shall continue to apply to persons prosecuted or sentenced for the offences provided for and sanctioned by the same articles.
Tenth Second.- In the places where the Accusatory Criminal Procedural System is in force, pursuant to the second transitional article of the Decree of Constitutional reform published on June 18, 2008, will apply the rules foreseen for the investigation of the crimes covered by this Law.
Tenth Third.- The National Public Safety System must publish the minimum guidelines set out in Articles 56 and 57 within a period of no more than 240 days. natural after the publication of this Decree.
Tenth Fourth. The procuratorates of the federative entities must create and operate specialized fiscalas for the investigation of the behaviors provided for in this Law, which will count with Public Ministries and specialized police, the human resources, financial and material 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 procuratorates of federal entities and the Federal District will train their personnel in the field of research planning.
To enter and remain in the public prosecutor's offices specialized in the investigation and prosecution of the crimes provided for in this Law, it will be necessary to comply with the requirements provided for in the preceding transitional article.
Specialised research firms, in the field of their competences, will have the powers set out in the previous transitional article for the General Coordination of the Attorney General's Office.
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