Law National Of Mechanisms Alternative Of Solution Of Disputes In Matters Criminal

Original Language Title: Ley Nacional de Mecanismos Alternativos de Solución de Controversias en Materia Penal

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DECREE issuing the National Law on Alternative Mechanisms For Settling Disputes in Criminal Matters, reforms various provisions of the National Code of Criminal Procedures and reform and add different provisions of the Federal Code of Criminal Procedures.

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

ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:

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




ARTICLE FIRST. The National Law on Alternative Mechanisms For Settling Disputes in Criminal Matters is issued.






Article 1. General object

The provisions of this Law are of public order and social interest and of general observance throughout the national territory and aim to establish the principles, bases, requirements and conditions of alternative dispute settlement mechanisms in criminal matters leading to the Alternate Solutions provided for in the applicable criminal procedural law.

The alternative mechanisms for resolving disputes in criminal matters are intended to promote, through dialogue, the solution of disputes that arise between members of the the company on the occasion of the complaint or complaint relating to a criminal act, by means of procedures based on orality, procedural economics and confidentiality.

Article 2. Competition Scope

This law will be applicable to criminal acts that fall within the jurisdiction of federal and local orders in the framework of the principles and rights provided for in the Constitution of the European Union. United Mexican States and international treaties of which the Mexican State is a party.

The competence of the institutions specialized in alternative mechanisms for resolving disputes in criminal matters that are dependent on the Attorney General's Office and the Powers of the Attorney General's Office. Court of law of the Federation or of the federative entities, as appropriate, shall be determined in accordance with the provisions of the criminal procedural law and other applicable legal provisions.

Article 3. Glossary

For the purposes of this Law:

I. Agreement: The restorative agreement concluded between the Intervinlieutenants that puts an end to the controversy totally or partially and surts the effects that this Law establishes;

II. Citation: The act performed by the staff of the Authority's Follow-up Area to require the appearance of any of the Intervinlients in the respective Alternative Mechanism;

III. Conference: The National Conference on Attorney General's Office;

IV. Council: The Board of Certification in Judicial Headquarters;

V. Facilitator: The certified professional of the Authority whose role is to facilitate the participation of the Intervinlieutenants in the Alternative Mechanisms;

VI. Speakers: People who participate in the Alternative Mechanisms, in the capacity of Requester or Loved ones, to resolve disputes of a criminal nature;

VII. Invitation: The act of the Authority's staff to request the appearance of any of the Intervinlients in the Alternative Mechanism;

VIII. Law: The National Law on Alternative Dispute Settlement Mechanisms in Criminal Matters;

IX. Alternative mechanisms: Mediation, reconciliation and restorative management;

X. Organ: The Institution specializing in Alternative Mechanisms of Dispute Settlement in Criminal Matters of the Federation or of Federative Entities;

XI. Required: The physical or moral person convened to settle the criminal controversy by applying an alternative mechanism;

XII. Secretary: The Technical Secretary of the Conference, as well as the Technical Secretary of the Council;

XIII. Applicant: The natural or moral person who goes to the Organ of Justice Alternative, in order to seek the solution of a criminal controversy;

XIV. Immediate Care Unit: Instance attached to the Office of the Attorney General of the Republic, the Attorney General's Office, or the general public prosecutor's office, which is responsible for channelling the applications to the Authority.

Article 4. Principles of Alternative Mechanisms

The following are the guiding principles of the Alternative Mechanisms:

I. Voluntariness: The participation of the Intervinlieutenants must be by their own decision, free of all coercion and not by obligation;

II. Information: The Intervinlients should be informed, in a clear and complete manner, about the Alternative Mechanisms, their consequences and scope;

III. Confidentiality: The information processed must not be disclosed and may not be used to the detriment of the Intervinlients within the criminal proceedings, unless it is a crime that is being committed or is imminent its consummation and by which the physical integrity or the life of a person, in which case the Facilitator shall communicate it to the Public Ministry for the driving effects;

IV. Flexibility and simplicity: The alternative mechanisms will be strictly lacking, will provide an environment that is suitable for the manifestation of the proposals of the Intervinlients to resolve by consensus the controversy; for this purpose, avoid setting unnecessary formalisms and using simple language;

V. Impartiality: Alternative mechanisms should be conducted objectively, avoiding the issuance of judgments, opinions, prejudices, favoritism, inclinations or preferences that grant or grant advantages to any of the Intervinlients;

VI. Equity: Alternative Mechanisms will lead to conditions of balance between the Intervinlients;

VII. Honesty: The Intervinlieutenants and the Facilitator shall conduct their participation during the alternative mechanism with attachment to the truth.

Article 5. Provenance

The Alternative Mechanism will be sourced in the cases provided for by applicable criminal procedural law.

Article 6. Opportunity

Alternative Mechanisms may be applied from the beginning of the criminal procedure and until before the opening of the opening to trial or before the conclusions are formulated, according to corresponds, in accordance with the provisions of the applicable procedural criminal law.





Article 7. Rights of the Intervinlients

The Intervinlients in the Alternative Mechanisms will have the following rights:

I. Receive the necessary information regarding the Alternative Mechanisms and their scope;

II. Request the holder of the Authority or the hierarchical superior of the Facilitator to replace the latter, where there is a conflict of interest or other justified cause which impedes the normal development of the Alternative Mechanism;

III. Receive a service in accordance with the principles and rights provided for in this Law;

IV. Do not be subject to pressure, intimidation, advantage or coercion to undergo an Alternative Mechanism;

V. Freely express their needs and pretenses in the development of the Alternative Mechanisms without any more limit than the right of third parties;

VI. Terminate your participation in the Alternative Mechanism at any time, when you consider that it is in your interest, as long as you have not subscribed to the Agreement;

VII. Personally intervene in all sessions of the Alternative Mechanism;

VIII. If appropriate, ask the Authority, through the Facilitator, for assistance from auxiliaries and experts, and

IX. The others provided for in this Act.

Article 8. Obligations of the Intervinlients

They are obligations of the Intervinlients:

I. Abide by the principles and rules that discipline Alternative Mechanisms;

II. Conduct themselves with respect and observe good behavior during the sessions of the Alternative Mechanisms;

III. Comply with the Agreements to be reached as a result of the implementation of an Alternative Mechanism;

IV. Attend each of the sessions personally or through your representative or legal proxy in the cases established by this Law and other applicable rules, and

V. Other provisions of this Law and other applicable provisions.

Article 9. Application for the application of the Alternative Mechanism and its initiation

Alternative Mechanisms will be requested in a verbal or written form with the competent authority. In the case of natural persons, the application shall be made in person and, in the case of a moral person, through his legal representative or proxy.

The application will contain the Applicant's compliance to participate voluntarily in the Alternative Mechanism and its commitment to conform to the rules that discipline it. The general data of the applicant shall also be specified, as well as the names and location details of the additional persons to be invited to the sessions.

The application referred to in this article, or the referral of the competent authority referred to in the following article, shall initiate the Alternative Mechanism.

Article 10. Referral

The Public Ministry, upon receipt of the complaint or complaint, will advise the complainant or complainant on the Alternative Dispute Settlement Mechanisms and will inform you that consist of these and their scope.

The Public Ministry may refer the matter to the Authority attached to procuratorates or procuratorates when the victim or offended agrees to request the initiation of the Alternative Mechanism. provided for in this Law, the Intervinlieutenants are identified, has their domicile and are satisfied with the requirements of opportunity and origin that the present legal order establishes. The Public Ministry shall carry out urgent or non-deferred action to safeguard the necessary indicia.

When the defendant has been linked to proceedings, the Judge will refer the matter to the respective Authority if the defendant and the victim or offended agree to apply for the initiation of the Mechanism. Alternative provided in this Law and meet the requirements of opportunity and provenance.

Article 11. Choice of organ by the Intervinlieutenants

When the accused has been linked to the process, the Intervinlieutenants will be able to choose the mechanism to be developed in the body assigned to the Attorney General's Office or the body assigned to them. to the judiciary, if any.

Article 12. Eligibility

The Authority, upon receipt of the request, will examine the dispute and determine whether it is liable to be resolved through the Alternative Mechanism. Once admitted, the Facilitator will be turned over for the conductive effects.

When it is considered in a well-founded and reasoned manner that the matter is not liable to be resolved by an Alternative Mechanism, the Authority will inform the Applicant, and, where appropriate, of the Public Ministry or the Judge who has made the referral for the legal effects to be taken.

The Authority may be asked to reconsider the refusal of admission. If the Alternative Mechanism is considered to be appropriate, it shall be assigned to a Facilitator.

In your case, it will be stated that the Applicant agrees to be subject to the Alternative Mechanism, so the Appointment or Invitation corresponding to the Requested to the initial session will be fixed.

Article 13. Registration of the Alternative Mechanism

The application will open and record the case file, which will contain a brief relationship of the facts, the Alternative Mechanism to be applied and the result obtained.

Article 14. Invitation to the Loved one

The Invitation to the Requested will be made by the Authority within five working days following the date of registration of the case file, by any means that ensure the transmission of the information in the terms of the applicable criminal procedural law. The invitation will preferably be made in a personal way.

Article 15. Content of the Invitation

The invitation referred to in the preceding article must specify:

I. Name and address of the Required;

II. Reason for the Invitation;

III. Place and date of issue;

IV. Indication of the day, time and place of celebration of the Alternative Mechanism session;

V. Brief explanation of the nature of the mechanism with its legal basis, and

VI. Name and signature of the Facilitator who produced it.

Article 16. Preliminary sessions

The Facilitator may have, when the characteristics of the case so require, private sessions of a preparatory nature with all the Intervinents separately, prior to the session Alternative mechanism, in order to explain to them the characteristics of the mechanism chosen and the rules to be observed during the implementation of the mechanism.

The Facilitator will be able to inquire with the Intervinlieutenants, the interpretation they have of the conflict, in order to prepare the questions and tools that he will use during the development of joint sessions.

Article 17. Acceptance of subject to the Alternative Mechanism

When the Requester and the Require agree to submit to an Alternative Mechanism they will manifest their will in that regard and that circumstance shall be recorded in writing.

Article 18. Suspension of the prescription

The term of the statute of limitations of the criminal action will be suspended during the substantiation of the Alternative Mechanisms, from the first session of the Alternative Mechanism and until update any of the causals of conclusion, unless it produces the extinction of the criminal action.

Article 19. Of the Alternative Mechanisms sessions

The sessions of Alternative Mechanisms shall be conducted only with the presence of the Intervinlieutenants and, where appropriate, of auxiliaries and experts, at the request of the parties. The interveners may receive legal guidance. To this end, when both Intervinlieutenants have a lawyer, they may be able to attend the sessions, however, they may not intervene during the sessions.

In case of any doubt of a legal nature that cannot be resolved by the auxiliaries and experts invoked by the Facilitator, any of the Intervinlieutenants may request the suspension of the session so that you can consult with your lawyer, if you have.

When the Intervinlieutenants are members of indigenous communities or persons who do not understand the Spanish language, they must be assisted during the sessions by an interpreter according to the applicable criminal procedural law.

At the beginning of the Alternative Mechanism session, the Facilitator will let the Intervinents know the characteristics of the mechanism, the rules to be observed, as well as their rights and obligations. It will be explained that the mechanism is confidential in the terms set out in section III of article 4 of this Law.

The Intervinlieutenants will be informed of the scope and legal effects of the agreements that will be concretized in their case.

The Alternative Mechanism will be terminated if any of the Intervinlients disclose confidential information, without prejudice to the responsibilities incurred for such conduct.

Article 20. Alternative mechanism in detention by flagrant or precautionary measure

In cases where the defendant is held in a flagrant arrest, the Public Ministry may have the freedom of the accused during the investigation in terms of Article 140 of the National Code of Criminal Procedures, in order to participate in the alternative mechanism.

In cases where the accused has been imposed the precautionary measure of remand, or some other that implies deprivation of his freedom, the article will be in the 161 of the National Code of Criminal Procedures, in order to modify the precautionary measure and be able to participate in the Alternative Mechanism.



Article 21. Concept

It is the voluntary mechanism by which the Intervinlieutenants, in free exercise of their autonomy, seek, build and propose options for solution to the controversy, in order to reach the solution of this. The Facilitator during mediation leads to communication and mutual understanding among the Intervinlieutenants.

Article 22. Session development

Once the Intervinlients agree to abide by the mediation, the Facilitator will make a general presentation and briefly explain the purpose of the session, the role he will play, the rules and principles governing the session as well as its various stages; followed by the relevant questions so that the interveners can expose the conflict, raise their concerns and claims, and identify the possible solutions to the existing controversy.

The Facilitator will need to clarify the terms of the controversy so that all negative aspects and disqualifications among the Intervinlients are removed, to highlight the areas in which consensus can be propitiate

The Facilitator will be able to replace the Alternative Mechanism, with the consent of the interested parties, when it considers that it is suitable, given the characteristics of the specific case and the position that have the Intervinlieutenants in the conflict.

In the event that the Intervinlieutenants succeed in reaching an Agreement that they deem appropriate to resolve the dispute, the Facilitator will register it and prepare it for the signature of the Interveners in accordance with the applicable provisions provided for in this Act.

Article 23. Orality of the sessions

All mediation sessions will be oral and only the Agreement reached, if any, will be recorded.

Article 24. Plurality of sessions

When a session is not sufficient for the Intervinlients to agree, they will seek to preserve their will to participate and will be cited, by common accord, as soon as possible attend subsequent sessions to continue the mediation, always within the framework of what is reasonable and without this being able to lead to the aggravation of the controversy.



Article 25. Concept

It is the voluntary mechanism by which the Intervinlieutenants, in free exercise of their autonomy, propose options of solution to the controversy in which they are involved.

In addition to promoting communication between the Intervinlients, the Facilitator may, on the basis of objective criteria, present alternative solutions of different solutions.

Article 26. Session development

The reconciliation will be developed on the same terms as intended for mediation; however, unlike this, the Facilitator will be authorized to propose solutions based on possible scenarios and discern the most suitable for the Intervinlieutenants, with respect to the principles of this Law.

The Facilitator will be able to propose the alternative that he considers most viable for the solution of the controversy.



Article 27. Concept

The restorative board is the mechanism by which the victim or offended, the imputed and, where appropriate, the affected community, in free exercise of their autonomy, seek, build and propose options for resolving the dispute, with the aim of achieving an agreement that addresses the individual and collective needs and responsibilities, as well as the reintegration of the victim or offended and of the accused to the community and the recomposition of the social fabric.

Article 28. Session development

It is possible to start a restorative board by the nature of the case or by the number of involved in the conflict. To this end, the Facilitator will hold preparatory sessions with each of the Intervinlieutenants to whom he will invite them and explain the restorative meeting, its scope, rules, methodology and will try to clear any doubts that they pose.

You will also need to identify the nature and circumstances of the dispute, as well as the needs of the Intervinlients and their individual perspectives, evaluate their readiness to participate in the mechanism, the possibility of holding the joint meeting and the conditions for carrying it out.

In the joint session of the restorative board the Facilitator will make a general presentation and briefly explain the purpose of the session. The questions will be asked in advance. The questions shall be addressed first of all to the defendant, subsequently to the victim or offended, if any, to other affected Intervinlieutenants by the victim or offended and of the person respectively, and finally, to the members of the community. which you would have attended the session.

Once the Intervinlieutenants have answered the Facilitator's questions, the Facilitator will proceed to assist in finding specific ways in which the damage caused may be has been repaired. Immediately, the Facilitator shall give the word to the defendant to express the actions that he would be willing to take to repair the damage caused, as well as the commitments he will make to the Intervinlieutenants.

The Facilitator, on the basis of the proposals put forward by the Intervinlieutenants, will concretize the Agreement that everyone is willing to accept as a result of the meeting of the restorative. Finally, the Facilitator will close the session.

In the event that the Intervinlieutenants succeed in reaching a solution that they consider best to resolve the dispute, the Facilitator will register it and prepare it for the signature of these, compliance with the provisions of this Law

Article 29. Scope of the repair

Repairing the damage from the restorative gasket may include the following:

I. The recognition of responsibility and the formulation of an apology to the victim or offended in a public or private act, in accordance with the Agreement reached by the interveners, by virtue of which the defendant accepts that his conduct caused a damage;

II. The commitment of non-repetition of the conduct of the controversy and the setting of conditions to give it effectiveness, such as registering and concluding programs or activities of any nature that contribute to the non-repetition of the conduct or those specific programs for the treatment of addictions;

III. A refund plan which may be economic or in kind, repairing or replacing some good, the performance or omission of a certain conduct, the provision of services to the community or any other lawful form requested by the victim or offended and agreed among the Intervinlients in the course of the session.



Article 30. Replacement of the Alternative Mechanism

In the event that the Intervinlieutenants had participated in one of the Alternative Mechanisms and that the solution of the dispute, the Facilitator, had not been achieved by this Mechanism you can suggest that you turn to a different one. If the Intervinlients agree, the Facilitator shall set the date and time to start the Mechanism in a subsequent session.

Article 31. Safeguarding rights

Where no agreement is reached, the interveners shall retain their rights to resolve the dispute by legal action, or, where it is partially reached, regarding the conflict that was not possible to resolve.

Similarly, when the Agreement is seen on the partial settlement of the dispute, the rights of the Intervinlients in respect of the unresolved in the Agreement shall be left to the exception.

Article 32. Early conclusion of the Alternative Mechanisms

The Alternate Mechanism will be terminated in advance in the following cases:

I. By will of any of the Intervinlieutenants;

II. For unjustified inassistance to sessions for more than one occasion of any of the Intervinlieutenants;

III. When the Facilitator finds that the Intervinlieutenants maintain irreducible positions that prevent the mechanism from being continued and that it is appreciated that a result will not be reached to resolve the dispute;

IV. If any of the Intervinlients repeatedly engage in disrespectful, aggressive or intent-to-delay behavior of the alternative mechanism;

V. For non-compliance with the Agreement between the Intervinlieutenants, and

VI. In other cases where the Alternative Mechanism is to be terminated in accordance with the Law.



Article 33. Requirements of the Agreements

In case the Alternative Mechanism concludes with a mutually agreed solution by the Intervinlients, the Facilitator shall record it in writing with the following information:

I. The place and date of its celebration;

II. Name and age, information to be collated with a feisty document; nationality, marital status, profession or trade and address of each of the Intervinlients. In the case of a representative or legal proxy, the documentation with which that character has been credited shall be recorded;

III. The registration number of the Alternative Mechanism;

IV. A precise description of the obligations to give, to do or not to make the Intervinlients agreed and, where appropriate, the third civilly obliged, as well as the form and time in which they must be fulfilled which may not exceed three years from the signature of the Agreement;

V. The signature or fingerprints of those who subscribe to it and, where appropriate, the name of the person or persons who have signed at the request of one or both parties, where they are not aware or cannot sign;

VI. The signature of the Facilitator that has intervened in the Alternative Mechanism and the seal of the dependency, and

VII. The effects of non-compliance.

The Agreement may cover the full or partial settlement of the dispute. In the second case, the rights of the Intervinlients shall be left to the exception of what is not resolved in the Agreement.

The Agreement shall be validated by a licensed entity of the Authority, including its name and signature. A copy of the Agreement shall be given to each of the Intervinlients, one being kept in the appropriate files.

The Authority shall inform the Public Ministry and, where appropriate, the Control Judge and observe the applicable rules for the protection of personal data.

Article 34. Effects of the Agreements

The Agreement concluded between the Intervinlients with the formalities established by this Law will be valid and enforceable in its terms.

Article 35. Compliance with the Agreements

It is for the Public Ministry or the Judge to approve the implementation of the Agreement, in which case it will immediately resolve the extinction of the criminal action or the dismissal of the case, according to corresponds. The resolution issued by the Judge will have effects of the executed statement.

The breach of the Agreement will result in the continuation of the criminal procedure. In the event of partial compliance with pecuniary content, this will be taken into account by the Public Ministry for the purpose of repairing the damage.





Article 36. Tracking area

The Authority will have a monitoring area, which will have the obligation to monitor and promote compliance with the agreements reached by the Intervinlieutenants in the Alternative Mechanism. Monitoring may consist of:

I. Warning to the Intervinlients for the case of non-compliance with the Agreement;

II. Verification visits;

III. Phone calls;

IV. Receipt or delivery of documents, payments, goods or objects;

V. Citation of the Intervinlieutenants and other persons required;

VI. Sending correspondence or communication, being able to use electronic means, and

VII. Any other measure necessary for compliance with the Agreement in accordance with the principles and provisions set forth in this Act.

Article 37. Integration

The Authority will appoint personnel whose role will be to follow up the Agreement reached in the Alternative Mechanism, with the purpose of informing the Facilitator, the Public Ministry, the Judge the competent authority and the interveners, on the fulfilment of the Agreement or, where appropriate, on their non-compliance, in order to determine the respective legal consequences.

Article 38. Review meetings

The monitoring area will be communicated periodically with the Intervinlients, in accordance with the nature of the case, to verify or facilitate compliance with the obligations contracted. In the event of non-compliance by the required Intervinlieutenants, the monitoring area may be encouraged to comply or to quote a review meeting, preferably with the Facilitator who was originally in charge of the subject.

The Facilitator and the Intervinlients shall review the justification for the reasons for the failure to comply and, where appropriate, propose the amendments to be made to the that are successful for everyone without affecting the effective Repair of the damage.

If a review meeting is not considered relevant because there is a risk of revictimization or because compliance becomes impossible, the article will proceed in accordance with the article. next.

Article 39. Communication

If by risk of revictimization the meeting does not take place, or the review meeting shows that there will be no compliance with the agreement reached, the monitoring area immediately communicate to the Facilitator, the Public Ministry and, where appropriate, the Judge, in order to continue with the criminal procedure, if the victim so decides.





Article 40. From the Authority

[El Salvador] The Attorney General's Office and state procuratorates or procuratorates must have specialized organs in alternative dispute resolution mechanisms. The Federal Judicial Branch and the state judicial authorities may have these organs.

Organs must process the Alternative Mechanisms provided for in this Law and exercise their faculties with technical and managerial independence. They will also take action to promote the culture of peace.

In order to comply with the purposes set out in the preceding paragraph, the Authority shall have certified Facilitators and other professional staff necessary for the exercise of its functions.

Article 41. Training and dissemination

The institutions mentioned in the preceding article will be required to standardize continuous training programs for their staff, as well as for dissemination to promote the use of of the Alternative Mechanisms, in accordance with the minimum standards established by the Conference or the Council. Certification will be a fundamental requirement to be designated as a Facilitator in some Organ and permanence, in accordance with the general guidelines established in this Law.

Article 42. Interdisciplinarity

The Authority will have professional staff in the disciplines necessary to comply with the purpose of this Law. It must have legal professionals, as well as the administrative staff needed to carry out the support tasks.

Article 43. Databases

The Authority will be obliged to keep a database of the matters it is dealing with in accordance with its jurisdiction, which will contain the number of cases that entered, the status in which it is find and their final result. The Authority will keep the database up to date and carry out statistical studies on the operation of the service, the percentage of compliance and non-compliance with the agreements and the cases of repeated disputes between the authorities. Interveners.

A national database will be provided with the information above, to which the Organs will be able to access; the guidelines of this will be dictated by the Conference and the Council and managed by the National Information Center of the Executive Secretariat of the National Public Security System. The Judicial Powers shall report the information pertaining to the procuratorates or procuratorates of the federation or the federative entities; these, in turn, will transmit the information to the National Information Center of the Executive Secretariat of the National Public Security System.

Reports from the national database will be used to verify if any of the Intervinlieutenants have participated in Alternative Mechanisms, if they have concluded Agreements, and if they have failed them.

Article 44. Ancillary authorities and support networks

The Authority may conclude agreements for its proper functioning with ancillary and ancillary services provided by public or private institutions, which may contribute to the appropriate compliance with its function.

are considered as auxiliary authorities of the Authority, for the purposes of this Law, the dependencies and entities of the federal public administrations and of the federal entities, as well as the other institutions and bodies which, by the nature of their powers, are required to intervene in compliance with this Law.

The auxiliary authorities must meet the requirements of the Authority, which may refer to the Authority's internal control body, in the field of its competence. denunciations for the lack or lack of assistance required

Article 45. Coordination between the Federation and federal entities

The Attorney General's Office and attorneys general of the federal entities, as well as the judicial branch of the Federation and the federal entities will be able to to conclude collaboration agreements for the fulfilment of the objectives set out in this Law.

Article 46. From the Board of Certification in Judicial Headquarters

The Judicial Branch of the Federation and the judicial powers of the Federative Entities, which have an Authority in the terms of Article 3 (X), will form a Council of certification in judicial offices, for the purposes set out in this Law and shall have a Technical Secretariat.

Article 47. Minimum certification criteria

The Conference and the Council will be responsible for issuing the minimum criteria for the certification of Facilitators of the Bodies of the Federation and of the entities (a) federative in accordance with the provisions of this Law.

The Authority will have certified Facilitators in accordance with the minimum standards for training, assessment and certification issued by the Conference or the Council; for This effect will have the following functions:

I. Establish the minimum criteria for trainings aimed at covering certification or renewal requirements, according to the standards set out in this Law;

II. Determine the technical standards and procedures for the evaluation and certification of the Facilitators;

III. Establish guidelines for the construction of databases referred to in this Law, and

IV. The others to be agreed upon for compliance with the provisions of this article.

The Conference and the Council may conclude collaboration agreements for the purposes of this Article.



Article 48. Requirements to be Facilitator

Facilitators must:

I. Possess a degree of Bachelor's degree to the work they will have to develop, with professional cedula with federal registration;

II. Accredit the certification that this Act establishes;

III. Accredit the trust control assessments that establish the applicable provisions for members of justice procurement institutions;

IV. Not having been sentenced for criminal offence, and

V. The other requirements set out in this Law and other applicable provisions.

Article 49. Validity of the certification

The Authority must carry out the tasks of periodic certification of the Facilitators that provide the services provided for in this Law, it will be carried out in accordance with the guidelines issued by the Conference or the Council and shall be valid for three years, which may be renewable.

Article 50. Minimum income and permanence requirements

To enter the Organ the Facilitators will have to cover 180 hours of theoretical-practical training in the Alternative Mechanisms established in this Law, in accordance with the guidelines (a) General issues of the Conference or the Council. To remain as a member of the Organ the Facilitators must renew their certification every three years and meet 100 hours of training during that period.

Article 51. Obligations of the Facilitators

These are the obligations of the Facilitators:

I. Comply with certification in the terms of the provisions applicable to this Act;

II. Conduct themselves with respect for human rights;

III. Act promptly, professionally, effectively and transparently, in accordance with the principles that govern this Law and the provisions that will be established;

IV. Monitor that the Alternative Mechanisms do not affect the rights of third parties, interests of minors, incapable, provisions of public order or social interest;

V. Refrain from serving as witnesses, legal representatives or lawyers for matters relating to the Alternative Mechanisms in which they participate;

VI. To be excused from intervening in matters where its impartiality is affected;

VII. Ask the Intervinlients for the information necessary for the effective implementation of the function entrusted to them;

VIII. Ensure that the Intervinlieutenants understand the scope of the Agreement, as well as the rights and obligations arising therefrom;

IX. To verify that the Intervinlieutenants participate freely and voluntarily, exempt from coercion or any other influence that vitiates their will;

X. Maintain the good development of the Alternative Mechanisms and request respect from the Intervinlients during the development of the mechanisms;

XI. Ensure that the Agreements to which the Intervinlients arrive are subject to legality;

XII. Refrain from coercing the Intervinlients to attend, remain, or withdraw from the Alternative Mechanism;

XIII. Maintain the confidentiality of the information to which they have access in the exercise of their function, except for the exceptions provided for in this Law;

XIV. Not to practice law in itself or through an individual person, except in his own right, of his spouse, concubine or concubinaire, cohabitants, his ancestors or descendants, his or her siblings, or his adopter or adopted, and

XV. The others that point out the Law and the regulatory provisions in the matter.

Non-compliance with the above provisions will be sanctioned in the terms of the relevant legislation.

Article 52. Impediments and Excuses

Facilitators must be excused or may be challenged to hear about the matters in which they are involved, for any of the following causes of impairment:

I. Have intervened in the same Alternative Mechanism as Public Ministry, Defender, Legal Adviser, complainant or complainant, or have exercised the particular criminal action; have acted as expert, technical consultant, witness or have direct interest in the Alternative Mechanism;

II. Being a spouse, concubine or concubinaire, living, having a straight line parentage without limitation of degree in the collateral for consanguinity and for affinity to the second with one of the Intervinlieutenants, this cohabiting or has cohabitated with some of the they;

III. To be or have been guardian, curator, to have been under guardianship or curatals of any of the parties, to be or to have been the administrator of his assets by any title;

IV. When he, his spouse, concubine, concubinary, living, or any of his or her relatives in the grades that expresses the fraction II of this article, have a pending judgment initiated prior to any of the parties;

V. When he, his spouse, concubine, concubinaire, living, or any of his or her relatives in the grades expressed in part II of this article, are creditors, debtors, lessors, tenants or guarantor of one of the parties, or have some partnership with these;

VI. Where before the Alternative Mechanism begins or during the Alternative Mechanism, he, his spouse, concubine, concubinaire, survivor or any of his or her relatives in the grades expressed in the section II of this article, complaint, complaint, claim or has engaged in any legal action against any of the parties, or has been reported or accused by any of them;

VII. Have expressed their opinion on the Alternative Mechanism or made promises that imply bias in favor or against any of the parties, or

VIII. When he, his spouse, concubine, concubinaire, survivor or any of his or her relatives in the grades expressed in part II of this article, have received or received benefits from either party or if, after the initiation of the Mechanism Alternative, they would have received present or handouts regardless of what their value was.




FIRST. The National Law On Alternative Mechanisms for Settlement of Controversies in Criminal Matters will enter into force on the same terms and deadlines as the National Code of Criminal Procedures will enter into force, in accordance with the provisions of the article. second transitional of the Decree for which the National Code of Criminal Procedures is issued.

The reforms and additions to the Federal Code of Criminal Procedures provided for in this Decree will enter into force in the regions and graduality in which the declaratory will take place. As regards the second transitional article of the Decree for which the National Code of Criminal Procedures is issued, they will be applicable to proceedings initiated before the entry into force of the criminal justice system. and shall be substantiated in accordance with the provisions of the National Law of Alternative Mechanisms for Dispute Settlement in Criminal Matters.

SECOND. Any provisions which are contrary to this Decree shall be repealed.

THIRD. As from the entry into force of this Decree, the judicial branch of the Federation and the judicial powers of the federative entities which have an Authority shall, within the period of 60 working days, make up the Council to which it refers. Article 46 of this Law.

FOURTH. The initial certification of Facilitators referred to in the National Law on Alternative Dispute Settlement Mechanisms in Criminal Matters shall be completed by 18 June 2016.

Within sixty days of the publication of this Decree in the Official Journal of the Federation, the Technical Secretariat of the National Conference of Attorney General of Justice, As the Technical Secretariat of the Board of Certification in Judicial Headquarters, they will have to draft the minimum criteria for certification of Facilitators. The opinion of the representatives of the areas in which the Conference and the Council are established should be taken into account in drawing up the criteria. The draft shall be submitted to the plenary session of the Conference or the Council at the plenary session following the expiration of the period referred to in this paragraph.

QUINTO. The Federation and the Federative Entities shall issue the administrative provisions implementing the provisions of this Decree no later than the day of their entry into force in accordance with the preceding transitional article.

SIXTH. The Federation and the Federative Entities, in their respective fields of competence, shall provide the human, material, technological and financial resources required by the implementation of this Decree, in accordance with their authorized budgets. For the present fiscal year, the Attorney General's Office shall cover with its authorized budget the fees necessary for the fulfilment of this Decree, in the field of its jurisdiction.

Mexico, D. F., 2 December 2014.-Sen. Miguel Barbosa Huerta, President.-Dip. Silvano Aureoles Rabbit, President.-Sen. Maria Elena Barrera Tapia, Secretary.-Dip. Magdalena del Socorro Núñez Monreal, Secretariat.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I hereby express my request for the Decree at the Federal Executive Branch, in Mexico City, Federal District, to twenty-three December of two thousand fourteen.- Enrique Peña Nieto.-Rubrias.-The Secretary of the Interior, Miguel Angel Osorio Chong.- Heading.