PRINTING CRIME LAW
Official Journal of the Federation April 12, 1917
Last published reform DOF 09 April 2012
The First Chief of the Constitutionalist Army, charged with the Executive Branch of the Nation, with this date, the following decree has been addressed:
" VENUSIANO CARRANZA, First Chief of the Constitutionalist and Encharged Army of the Executive Branch of the United Mexican States, by virtue of the powers that I am vested with, and between Both the Congress of the Union and Articles 6 and 7 of the General Constitution of the Republic, I have had to issue the following:
Item 1o.- (Repeals).
Article 2o.- It is a moral attack:
I.- Every word manifestation, in writing, or by any other of the means of which the section I of the previous article speaks, with which they defend or apologize, advise or propagate publicly the vices, faults or crimes, or the apology of them or their authors is made;
II.- Any manifestation verified with speech, shouting, singing, exhibitions or representations or by any other means than those listed in section I of Article 2o. with which he or she publicly outrages or offends the modesty, decency, or good customs or excites the prostitution or the practice of licentious or impudal acts, taking as such all those who, in the public concept, are rated against the pudder;
III.- Any distribution, sale or exposure to the public, in any manner, of written, brochures, printed, songs, prints, books, images, advertisements, cards or other papers or Figures, paintings, drawings or lithographs of an obcene character or which represent lubricating acts.
Article 3o.- It constitutes an attack on order or public peace:
I.- Any manifestation or malicious exposure made publicly by means of speech, shouting, singing, threats, manuscripts, or printing, drawing, lithography, photography, cinematography, engraving or in any other way, which is intended to discredit, ridicule or destroy the fundamental institutions of the country; or with which the Mexican Nation is committed, or to the Political Entities that form it;
II.- Any manifestation or expression made publicly by any of the means of which the previous fraction speaks, with which it is advised, excite or directly or indirectly causes the Army to disobedience, rebellion, the dispersal of its members, or the lack of any other or other of its duties; advice, provoke or excite directly to the general public to anarchy, mutiny, sedition or rebellion, or to the disobedience of laws or of the legitimate mandates of the authority; the authorities of the country with the object of attracting hatred, contempt or ridicule on them; or with the same object attack on the collective public bodies, the Army or National Guard or the members of those and these, on the occasion of their functions; friends, sovereigns or heads of them or their legitimate representatives in the country; or be advised, excite or provoke the Commission of a given offence.
III.- The publication or propagation of false or adulterated news about current events, capable of disturbing the peace or tranquility of the Republic or some of it, or of to cause the price of the goods to rise or fall or to hurt the credit of the Nation or of any State or Municipality, or of the legally placed banks.
IV.- Any publication prohibited by law or by the authority for public interest, or made before the law permits it to be released to the public.
Article 4o.- In the cases of the three items preceding, a manifestation or expression is considered to be malicious when by the terms in which it is conceived is offensive, or when it involves necessarily the intent to offend.
Article 5o.- It is not considered malicious a manifestation or expression even if they are offensive their terms by their own significance, in the cases of exception that the law expressly establishes, and, in addition, when the defendant proves that the facts imputed to the complaint are true, or that he had reasonable grounds to consider them true and that the public for honest purposes.
Article 6o.- In no case may the criticism be considered to be a criminal offence for an official or public employee if the facts on which it is supported are true, and if the assessments that are made in connection with it are They are rational and are motivated by those, as long as you don't have any unspoken phrases or words.
Article 7o.- In the cases of 1o., 2o. and 3o. of this Law, the manifestations or expressions shall be considered to be made publicly when they are made or executed in the streets, squares, walks, theaters or other places of public meetings, or in private places but in such a way that they can be observed, views or heard by the public.
Article 8o.- It is understood that there is arousal to anarchy when advising or inciting theft, murder, destruction of property by the use of explosives or the apology of these crimes or their authors, as a means of achieving the destruction or reform of the existing social order.
Article 9o.- It is forbidden:
I.- Publish the letters or minutes of indictment in a criminal process before you are aware of those or in the public hearing;
II.- Publish at any time without the consent of all the interested parties, the writings, proceedings of the prosecution and other pieces of the proceedings to be followed for the crimes of adultery, attacks on the Modesty, stupor, rape and attacks on private life;
III.- Publish without consent of all interested parties the claims, answers and other pieces of file in the judgments of divorce, paternity claim, maternity or marriage annulment, or due diligence for the recognition of children and in the trials that may arise in this field;
IV.- Publish what happens in proceedings or acts that must be secret by law or by judicial provision;
V.- Start or publicly raise subscriptions or financial aid to pay fines imposed for criminal offences;
VI.- Publish the names of the persons who form a jury, the sense in which they have given their vote and the private discussions they have to make their verdict;
VII.- Publish the names of soldiers or gendarmes involved in capital executions;
VIII.- Publish the names of the Heads or Officers of the Army or Navy and Auxiliary Rural Police Corps, who are entrusted with a secret commission of the service;
IX.- Publish the names of the victims of attacks to the pudder, stupor or rape;
X.- Censoring a member of a popular jury for voting in the exercise of their duties;
XI.- Publish plans, reports, or secret documents of the Secretariat of National Defense and the agreements of the latter relating to the mobilization of troops, shipments of war equipment and other military operations, as well as documents, agreements or instructions of the Secretariat of State, shall not be published in the Official Journal of the Federation or in Special Bolletins of the same Secretaries;
XII.- Publish the words or insulting or offensive expressions that are being dumped in the Courts or Courts, or in the sessions of the collegiate public bodies.
Article 10.- The violation of any of the prohibitions contained in the previous article, will be punished with a fine of fifty to five hundred pesos and arrest that will not fall for one month or exceed eleven.
Article 11.- In the event that the prohibited publication attacks private life, morality or public peace, the penalty indicated in the preceding article shall be applied without prejudice to for such an attack.
Article 12.- Officials and employees who minister data to make a prohibited publication, will suffer the same penalty as Article 10 and will be removed from their employment, unless in the The law is a greater penalty for the disclosure of secrets, because in such a case it will be applied.
Article 13.- Any person who has established or will henceforth establish a printing, lithography, engraving workshop or any other means of advertising shall have an obligation to place it within the eight days after the Municipal President of the place, making a written expression in which the place or places of the negotiation, the name and surname of the employer or of the company to which he belongs, the address of the place of business of that or of the latter, and the name, last name and address of the regent, if any. The same obligation shall apply where the owner or the owner changes the address of the place where the negotiation is established.
The violation of this precept will be punished administratively with a fine of fifty pesos.
When the person responsible is notified of the imposition of this correction, the term of three days will be indicated for the event to be present, and if it does not, it will suffer the sentence of the article. 904 of the Federal District Criminal Code.
The manifestation that this article speaks will be presented in duplicate so that one of the copies is returned to the interested party with the note of presentation and the date on which it was made, note that must be signed by the Secretary of the Municipal President to whom it is presented.
The penalty indicated in this article will apply to the owner of the negotiation, and if it is not known who is, to which it appears as a regent or in charge of it, and in case there is no, to which or be served in the office.
The procedure that this article establishes to punish the one that does not make the manifestation demanded by him, will be repeated as many times as necessary until the resistance of the culprit is overcome.
Article 14.- The criminal liability for the offences referred to in Articles 1o., 2o. and 3o. of this Law, it will fall directly on the authors and their accomplices, determining those and these according to the rules of the Common Criminal Law and those that establish the following articles.
Article 15.- To be able to put in circulation a form, to fix it on the walls or boards of advertisements, to display it to the public in the aparators of the houses of commerce, to distribute it by hand, by mail, express or messenger, or in any other way, must necessarily contain the name of the printing, lithography, engraving workshop or office where the printing has been made, with the exact designation of the place where the printing is located, the date of the printing and the name of the author or the person responsible for the form.
The lack of any of these requirements, will make the printed as clandestine, and as soon as the Municipal Authority becomes aware of the fact, will prevent the circulation of that, will collect the copies which, if any, will not be collected for having been fixed on the walls or boards of advertisements, and shall punish the owner of the printing or office in which the publication was made with a fine which shall not be less than 25 weights and shall not exceed 50, without prejudice to the fact that if the publication contains an attack on private life, moral or public peace, is punished with the appropriate punishment.
If the name of the author or the person responsible for it is not expressed in the form, it will not be imposed by that omission, but then the criminal liability will be determined according to the article next:
Article 16.- When the crime is committed through printing, lithography, engraving or any other means of advertising, and it cannot be known who is responsible for it as an author, consider this in the case of publications other than newspapers, the publishers of books, brochures, advertisements, cards or loose sheets, and, failing that, the regent of the printing or office in which the publication was made, and if not has, the owner of that office.
Article 17.- The operators of a printing, lithography or any other advertising office will only have criminal responsibility for a criminal publication in the following cases:
I.- When it is fully proven that they are the authors of it, or that they have provided the data to make it or they have participated in the preparation or execution of the crime with full knowledge that it is was a punishable fact, whether or not there was a prior agreement with the principal responsible.
II.- When they are, at the same time, the directors of a periodic publication, or the editors, regents, or owners of the office in which the publication was made, in the cases where the publication is criminal liability;
III.- When the crime is committed by a clandestine publication and they are the ones who made it, provided they do not present the author, the regent, or the owner of the office in which the publication.
Article 18.- The breadwinners, deliverymen, or paper holders will only have criminal responsibility when they are included in some of the cases of the previous article and when dealing with writing or anonymous printed do not prove which person or person gave them to you to fix them on the walls or bulletin boards, or sell, distribute or display them.
Article 19.- In theatrical performances and in the cinematography or phonograph auditions, it shall be held as responsible, in addition to the author of the piece that is represented or exhibited or constitute the hearing, the theatre impresario, cinematographer or phonograph.
Article 20.- In any periodic publication, in addition to the indications in Article 15o. the place where the newspaper's negotiation or administration is established and the name, last name and address of the director, administrator or manager, shall be expressed under the penalty of one hundred fine weights.
The infringement of this provision will be responsible for the owner of the newspaper if it is known who is, and failing to do so, the provisions of Articles 16o will apply. and 17o.
Article 21.- The director of a periodic publication has criminal responsibility for the articles, entreferlets, paragraphs in gazetilla, reportage and other reports, relationships or news that contuviere:
I.- When they are signed by him or when they appear unsigned, in this case it is presumed that he is the author;
II.- When they are signed by another person, if they contain a notorious attack on private life, morality, public peace, unless you prove that the publication was done without your consent and which was unable to avoid it without any negligence on its part;
III.- When you have ordered the publication of the contested article, paragraph, or report, or have given the data to do so or have expressly approved it.
Article 22.- If a periodic publication does not have a director, or the director has not been able to attend the office for a fair impediment, the criminal liability will fall to the administrator or manager, and, in his defect, in the owner of that publication, and if he is not known, in the persons to whom the wording is drawn; and if they do not appear, the provisions of Articles 16o shall apply. and 17.
Article 23.- When the director of a periodic publication has a constitutional jurisdiction, there will be another director who does not enjoy this, who will be jointly and severally responsible for the case in the cases. provided by this law, as well as by the articles signed by persons who had a jurisdiction.
If there is no other non-smoking director, in the cases of this article, the provisions of the previous article shall be observed.
Article 24.- Any printer office of any kind that is required to keep the originals that are signed, during the time that is indicated for the prescription of the criminal action, in order to that during this term you can at any time prove who is the author of such articles. The owner, director or manager of the office or workshop will collect the originals that are subscribed with pseudonym, together with the corresponding constancy that will contain in addition to the name and last name of the author, his address, being obligatory for the printer to make sure the accuracy of one and the other. The original and the constancy must be kept in closed for all the time mentioned in this article.
Article 25.- If the name and surname of the author are false, the corresponding criminal liability will fall on the persons who speak the previous articles.
Article 26.- In no case may they appear as directors, editors or persons responsible for articles or newspapers, books and other publications, persons who are outside the Republic or who are in prison or in high school, or under caution, for a non-printing offence.
The infringement of this provision will be punished administratively with a fine of twenty-five to one hundred pesos, being responsible for it the manager of the printing or workshop, lithography, engraving or any another class in which the publication and the managing director or owner of the newspaper in which the infringement was committed shall be made, without prejudice to the criminal liability which may result in contravention of the provisions of Articles 1o., 2o. and 3o. of this law.
Article 27.- Newspapers will have the obligation to publish free of charge the corrections or responses that authorities, employees or individuals want to give to the allusions that are made to them. in articles, editorials, paragraphs, reports or interviews, provided that the answer is within eight days of the publication that is not greater than the extension of the triple of the paragraph or article in which the allusion is contained answer, in the case of authorities, or double, dealing with private individuals; use injury or non-compliance with the decorum of the journalist, that there are no attacks on third parties and that no infringement of this law is committed.
If the correction has greater extent than the one indicated, the newspaper will have an obligation to publish it in full; but it will charge the excess to the price that it establishes in its ad rate, the payment of which will be made or ensure previously.
The publication of the answer, will be done in the same place and with the same kind of letter and other particularities with which the publication of the article, paragraph or interview has been made to the rectification or answer refers.
The rectification or response shall be published the day after the date on which it is received, whether it is a daily publication or the immediate number, if it is dealt with in other periodicals.
If the response or rectification is received when the shot is already fixed, it cannot be published in the indicated terms, it will be done in the following number.
The infringement of this provision will be punishable by a penalty not to be dropped from one month or more than once, without prejudice to the guilty of the guilty of the publication, in the case of requiring the guilty the corresponding publication, applying in case of disobedience the penalty of article 904 of the Criminal Code of the Federal District.
Article 28.- When dealing with printing works, lithographs, engraving workshops or any other means of advertising belonging to a company or company, they will be reputed as owners for the effects of this law on the members of the board of directors or their representatives in the country, in the event that such board resides abroad.
Article 29.- The criminal responsibility for written, books, printed, recorded and other objects that are introduced to the Republic and in which there are attacks on private life, morality or peace public, it shall be directly on the persons who import, reproduce or expose, or in their absence, those who sell or circulate them, unless they prove that they have been handed over to them for that purpose.
Article 30.- Any conviction that is pronounced on the occasion of a crime of printing shall be published at the expense of the person responsible if the offence so requires. In the case of newspaper publications, the publication will be made in the same newspaper in which the crime was committed, although it will change the owner, punishing the person responsible in case of resistance, with the penalty provided for in Article 904 of the Code. Criminal of the Federal District, without prejudice to the fact that they are again responsible for verifying the publication under the same sentence, until they have overcome this resistance
In any sentence, it shall be ordered to destroy the printed, recorded, lithographs and other objects with which the offence has been committed and to be treated as public instruments, which are labelled in a manner the words or expressions that are considered to be criminal are unreadable.
Article 31.- Attacks on private life will be punished:
I.- With an eight-day six-month arrest and a fine of five to fifty pesos, when the attack or injury is not understood in the following fraction;
II.- With the penalty of six months of arrest for two years in prison and a fine of one hundred to one thousand pesos, when the attack or injury is of those that cause affray to the public opinion or consists of an imputation or in appreciations which may significantly impair the honour, fame, or credit of the injury, or seriously compromise the life, liberty or rights or interests of the latter, or expose it to public hatred or contempt.
Article 32.- Moral attacks will be punished:
I.- With one to eleven months arrest and fine of one hundred to one thousand pesos in the cases of section I of article 2o.;
II.- With an arrest of eight days to six months and a fine of twenty to five hundred pesos, in the cases of fractions II and III of the same article.
Article 33.- Attacks on public order or peace will be punished:
I.- With arrest not to be reduced from one month or imprisonment not to exceed one year, in the cases of section I of the article 3o.
II.- In cases of provocation to the commission of a crime if the execution of it immediately follows such provocation, it will be punished with the penalty that the law indicates for the offence committed, Considering advertising as an aggravating circumstance of the fourth class. Otherwise, the penalty shall not be lower than the fifth part and shall not exceed half of that which would be the case if the offence was committed.
III.- With a penalty that will not come down from three months of arrest, nor will it exceed two years in prison, in the cases of injury to the Congress of the Union or some of the Chambers, against the Supreme Court of Justice of the Nation, against the Army, the Navy or the National Guard, or the institutions that are dependent on them;
IV.- With the penalty of six months of arrest a year and a half of imprisonment and a fine of one hundred to one thousand pesos, in the case of injury to the President of the Republic in the act of exercising his or her duties of them;
V.- With the penalty of three months of arrest for one year in prison and a fine of fifty to five hundred pesos, the Injuries to the Secretaries of the Office, to the Attorney General of the Republic or to the directors of the federal departments, to the Governors of the Federal District and Federal Territories, in the act of exercising their functions or for reasons of them, or to the Courts, Legislatures and Governors of the States, to these their functions.
VI.- With the arrest of one to six months and a fine of fifty to three hundred pesos, the judges of the Supreme Court, a Circuit Magistrate or the Federal District or the States, Judge of the District or of the common order, either of the Federal District, of the Territories or of the States, of an individual of the Federal Legislative Branch or of the States, or of a General or Colonel, in the act of exercising their functions or for reasons thereof, or against any other collegiate public body other than those mentioned in previous fractions already whether they are from the Federation or from the States. If the injury is verified in a session of the Congress or a court hearing, or the Generals or Coronels are made at a military stop or at the head of their forces, the penalty will be two months 'imprisonment and two years' imprisonment. fine of two hundred to two thousand pesos;
VII.- With an arrest of fifteen days to three months and a fine of twenty-five to two hundred pesos, to which he is sworn in by the public force, one of his agents or of the authority, or any other a person who has a public character and is not of those mentioned in the four previous fractions, in the act of exercising his or her duties;
VIII.- With the penalty of one to eleven months of arrest and fine of fifty to five hundred pesos, in the case of injury to the friendly nations to the heads of them, or their representatives accredited in the country.
IX.- With a penalty of two months ' imprisonment for two years in prison, in the cases of section III of Article 3o.
Article 34.- Whenever the injury to a particular or a public official is done in an undercover or equivocal manner, and the inmate refuses to give a satisfactory explanation to the trial. of the judge, will be punished with the penalty that would correspond to him if the offence had been committed without that circumstance. If a successful explanation is given there will be no penalty.
Article 35.- You need to want the offending party to proceed against the author of the offence of injury.
If the offense is to the Nation, or to any Federative Entity, to the President of the Republic, to the Congress of the Union or some of its Chambers, to the Supreme Court of Justice, to the Army, Navy or Guard National or the institutions that are dependent on that or these, the complaint will be filed by the Public Ministry, with the government's excitative or without it. If the injury is to any other official, the Public Ministry will also present the complaint, after excitation of the offended. If the offense is to a friendly nation, to its government or to its accredited representatives in the country, the Public Ministry will also proceed to formulate the Mexican Government's previous excitative complaint.
When the offense is made to private collegiate bodies, your legitimate representative will present the corresponding complaint.
Article 36.- This law will be mandatory in the Federal District and Territories, in respect of the crimes of the common order provided for in it, and throughout the Republic for the purposes of the crimes of the jurisdiction of the Federal Courts.
On the fifteenth day of this month.
Transient:-This law will start governing from
So command is printed, published, circulated, and given due compliance.
Given at the National Palace of Mexico City, on the nine days of the month of April of a thousand nine hundred and seventeen. V. CARRANZA.-Heading.
Al C. Lic. Manuel Aguirre Berlanga, Deputy Secretary In Charge of the Office of the Interior.-Present. "
What I am honored to communicate to you for publication and other effects.
Constitution and Reforms.-Mexico, nine of April thousand nine hundred and seventeen.-AGUIRRE BERLANGA.-Heading.