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Regulation Of The General Law To Prevent, Punish And Eradicate Crime In Trafficking In Persons And Protecting And Assisting The Victims Of These Crimes

Original Language Title: Reglamento de la Ley General para Prevenir, Sancionar y Erradicar los Delitos en Materia de Trata de Personas y para la Protección y Asistencia a las Víctimas de estos Delitos

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EXECUTIVE BRANCH

SECRETARY OF GOVERNMENT

General Law to Prevent, Punish, and Eradicate Crimes in Matter of Trafficking in Persons and for the Protection and Assistance of Victims of these Crimes.

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, in exercise of the power conferred on me by Article 89, fraction I, of the Political Constitution of the United Mexican States, and with basis in Articles 27, 28, 32, 36, 38, 39, 40 and 42 of the Organic Law of the Federal Public Administration; 1 to 4, 7 to 9, 32, 38, 44, 45, 48, 51, 52, 62, 64 to 66, 68 to 70, 72 to 78, 81 to 84, 88 to 90, 92 to 94, 96, 99, 104, 106, 107, 109, 111 and 113 to 122 of the General Law to Prevent, Punish and Eradicate Crimes in the Field of Trafficking in Persons and for the Protection and Assistance to Victims of these Crimes, and 1 and 4 of the Organic Law of the Attorney General's Office, I have had to issue the following

GENERAL LAW REGULATION TO PREVENT, PUNISH AND ERADICATE CRIMES IN THE FIELD OF HUMAN TRAFFICKING AND FOR THE PROTECTION AND ASSISTANCE OF VICTIMS OF THESE CRIMES

TITLE FIRST

GENERAL PROVISIONS

ONLY CHAPTER

Article 1. This Regulation is of public order, social interest and general observance throughout the national territory, and aims to establish the coordination bases of the Federal Government. for the prevention, care, investigation, prosecution, eradication and punishment of crimes in the field of human trafficking.

The provisions of this Regulation shall apply to the agencies and entities of the Federal Public Administration, as well as to the Attorney General's Office, in the field of their respective offices. competencies.

For the purposes of this Regulation, the provisions contained in the General Law on Victims shall be applied in an additional manner.

Article 2. For the purposes of this Regulation, in addition to the definitions set out in Article 4. of the Law, shall be understood as:

I. Albergues, Camas de Medio Camino y Refuges: Establishments that grant Assistance and Protection to Victims, They are offended and witnesses to the crimes provided for in the Law, as well as temporary shelter and lodging in order to promote their social and productive integration, regardless of the name given to each dependency and entity of the Administration. Federal Public or the Prosecutor's Office, in accordance with the provisions of Article 113, VIII, of the Law;

II. Classified Ads: Advertising which offers and demands goods, products and services that are considered for their content unlawful or misleading, in accordance with the provisions of Article 4, fractions XV and XVI, of the Law;

III. Comprehensive Medical Care: Aquella comprising preventive, curative, palliative and rehabilitation activities, including emergency care, with a differentiated and differentiated approach;

IV. Differential and Specialized Approach: Recognition of the existence of population groups with characteristics particular;

V. Prosecutor's Office: The Office of the Special Prosecutor for the Crimes of Violence against Women and Human Trafficking in the Attorney General's Office;

VI. Fiscalas and Procuratoras of the Federative Entities: State and District Attorney General Federal or its equivalents;

VII. Expert Guests: Those people who for their work or academic experience or for their expertise contribute to the work of the Commission, providing information that it requires for the proper fulfilment of its powers;

VIII. Language of Mexican Señas: The language provided for in Article 2, fraction XVII, of the General Law for the Inclusion of Persons with Disabilities;

IX. Guidelines: The Guidelines for Monitoring and Monitoring Classified Ads;

X. Electronic Media: Mechanisms, Tools, Facilities, Equipment, or Systems that Allow You to Play, Store or transmit, documents, data, images or information, through any open or restricted communication network, as they are, in an enunciative manner, television, radio and film;

XI. Person with Disabilities: Aquella referred to in Article 2, fraction XXI, of the General Law for Inclusion of Persons with Disabilities;

XII. People in Vulnerability Situation: People who have risk factors for being victims of crimes in the matter of human trafficking in accordance with the provisions of Article 4 (XVII) of the Law;

XIII. President: The President of the Commission;

XIV. Permanent Programs: Those sectoral and special programs of the agencies and entities of the Administration Public Federal, as well as the Fiscalas and Procuratoras of the Federative Entities, whose actions are related to the prevention, investigation and punishment of crimes in the field of human trafficking or with the protection, attention and assistance of the victims of these offences;

XV. Rules of Procedure: The Rules of Procedure of the Commission provided for in Article 88, fraction I of the Law;

XVI. Rules of Operation: The rules of operation of the Fund;

XVII. Mexico's Representations Abroad: Mexico's Embassies and Consulates Abroad, and

XVIII. Monitoring and Monitoring: The monitoring process by the authorities to Classified Ads that are transmitted to through any means of communication, and which aims to detect the possible commission of some crime from those typified in the Law.

TITLE SECOND

OF MEASURES AND MECHANISMS TO PREVENT, PROTECT AND ASSIST VICTIMS, OFFENDERS AND WITNESSES OF HUMAN TRAFFICKING CRIMES

CHAPTER I

OF PREVENTION MEASURES

Article 3. The Secretariat, through the Subsecretariat of Media Regulations, will carry out the Permanent Monitoring and Monitoring and, if necessary, give immediate notice to the Prosecutor's Office. Classified Ad mergers that are presumed to be unlawful advertising or misleading advertising, in terms of the Act and this Regulation.

Permanent Monitoring and Monitoring will be done in accordance with the Guidelines for such effects to be issued.

The Attorney General's Office will be able to supervise places where the commission of the crimes provided for in the Law is presumed.

When supervision is carried out in places where crimes are presumed to be committed in the law, the victims of which are indigenous or foreign, the competent instance of care for victims will lead to the necessary measures to ensure that the victims are met by staff who speak their own language or, where appropriate, provide the assistance of an interpreter.

Article 4. The Secretariat, through the Directorate General of Strategies for Human Rights, in coordination with the Secretariat of Foreign Relations, the Attorney General's Office and the agencies and entities of the Federal Public Administration who, in the field of their competence, can assist in the prevention of the crimes provided for in the Law, will carry out information and dissemination campaigns aimed at the entire population, with the purpose of making known what the offences in question consist of of persons, prevention measures and institutions where it is possible to request Assistance and Protection for victims by verifying that all information is accessible, and include the telephone number and e-mail to carry out anonymous complaints.

Information and dissemination campaigns for human trafficking crimes should be interpreted as a Mexican language, as well as translated into indigenous languages, with the aim of the population has the information on these crimes; likewise, the public servants of the agencies and entities of the Federal Public Administration will have to assist the indigenous population or with some disabilities to carry out the complaints on the routes they consider necessary, in the field of their competence, requiring anonymity of the persons to whom they have provided the assistance.

The National Institute of Indigenous Languages will contribute, in accordance with the collaboration agreements to the effect, in the translation of the information referred to in the this article in the indigenous languages of the regions concerned.

In the case of the Language of Mexican Señas will be the National Council for the Development and Inclusion of Persons with Disabilities, the one that contributes to the translation of information I would like to make a point of this. The above, through the collaboration agreements that are signed for such purposes.

Article 5. The Secretariat will conclude collaboration agreements with the agencies and entities of the Federal Public Administration that operate programs aimed at rural areas and indigenous communities, to provide information on the crimes provided for in the Law, in which the forms of deception and the risks of these crimes are exposed, as well as the contact details of the authorities to which the affected if they are victims of a crime in the field of human trafficking.

CHAPTER II

ASSISTANCE AND PROTECTION FOR VICTIMS AND ACCESS TO JUSTICE

Article 6. The Attorney General's Office, in coordination with the competent victim care instance, will be responsible for providing legal advice to the victim, offended or witnesses. crimes in the field of human trafficking, in the process and execution of the precautionary measures and providences necessary for their protection, in the field of their respective competence.

When the victim, offended or witness, is indigenous or foreign, and does not speak the Spanish language, the Federal Public Ministry will take the necessary measures to make it from its complaint or declaration and during the criminal procedure, and when required, have the assistance of interpreters and translators who have knowledge of their language and culture. To this end, the Attorney General's Office shall conclude agreements or agreements with public or private institutions to ensure compliance with this article.

Article 7. The competent victim care instance, in coordination with the competent specialized institutions, in accordance with the collaboration agreements that for This effect will be signed, will provide the services of care to victims or offended of the crimes in the field of human trafficking among which will be provided Integral Medical Care, specialized psychological assistance, guidance, counseling legal and social work management.

Article 8. The competent victim-care instance will provide legal guidance to victims or offenders of human trafficking offences at the time of their filing. complaints and, where required and so requested, shall provide them with advice on the follow-up of criminal proceedings which are brought before the judicial authorities of the Federation, informing them of the legal actions they have taken.

Article 9. The Attorney General's Office, in coordination with the Fiscalas and Procuratoras of the Federative Entities, and according to the scope of its jurisdiction, will promote and establish, compliance with the National Programme, measures that it considers relevant to the entire population, as well as in particular in areas or regions where there is a concentration of Persons in the Situation of Vulnerability, to the effect that the victims (i) any of these offences may be brought forward by the relevant complaints.

Civil society organizations will be able to assist with the Attorney General's Office in the elaboration and implementation of these measures.

Article 10. In cases where the competent victim care instance is the first contact authority with the victim or has been offended or witnesses to the crimes in respect of human trafficking, this will proceed as follows:

I. Canalize social or psychological work areas for a first interview.

Once the interview referred to in the previous paragraph has been conducted, it will provide the legal advice that require the case and explain the rights and actions that the national legal order establishes in its favor and in general, the manner in which it shall be exercised before the competent authorities;

II. If of the interview to which the previous fraction refers, the need for medical attention or Specialised psychological, internal or external linkage shall be made in accordance with applicable law.

In the case of the Integral and Psychological Medical Care for the victims or offended, they will be able to to request, at all times, the assistance of the people of your trust or your community;

III. Will record the actions taken under this article and form a file of the case, or update the existing one, and

IV. shall, where appropriate, dictate measures necessary for the protection of your rights and interests.

Article 11. When the Federal Public Ministry is aware of the commission of any of the crimes provided for in the Law, it will request the competent authority to pay attention to Victims are immediately and urgently provided with Comprehensive and Psychological Medical Care for the victims, offended or witnesses of such crimes, which may be auxiliary to the other agencies and entities of the Federal Public Administration. who provide health care services.

Article 12. Each institution, dependency or entity of the Federal Public Administration, within its scope of competence, shall have the obligation to protect the identity and personal information of the victims, officers and witnesses, in accordance with the provisions of the applicable legal provisions.

Likewise, the Attorney General's Office, through the Federal Center for Protection of Persons, will guarantee the protection of victims, offended or witnesses, in terms of the provisions of the applicable legal.

Article 13. Upon receiving a request for care, the competent victim care instance will review whether the victim, offended or witness has a history of care. If they are found and, if appropriate, the file that has been previously formed will be accumulated or reopened, otherwise a new file will be assigned.

Article 14. The competent victim care instance, when granting legal assistance to bring actions before administrative or judicial authorities, will designate the server the public to follow up on the matter, which will be informed to the victim or offended of the crimes in the field of human trafficking immediately and in writing.

Article 15. The competent instance of victim care may require other authorities and public, social or private authorities, in accordance with the legal provisions applicable, information that it deems useful for providing comprehensive care to the victim, offended or witness of the crimes in the matter of human trafficking.

The information referred to in the preceding paragraph shall consist of providing the data relating to the state which holds the criminal files as well as the records in relation to the the medical, psychological and social reinsertion of the treatments provided to the victim or offended, preserving the confidentiality of the ministerial investigations in terms of the applicable legal provisions.

Article 16. Once the complaints or complaints have been filed, the competent victim care instance, in coordination with the respective authorities, will assist the victim, (i) the following activities:

i) the following activities: (i) the following activities: (i) the following activities:

I. Know the state that holds the file that, if any, the competent authority has formed, and have access to it;

II. Provide advice to assist with the agent of the Public Ministry in the proceedings that this perform;

III. Inform and advise in a complete and clear manner on judicial resources and procedures, administrative or other persons to whom they are entitled to the best defence of their interests, as well as to the set of rights of those who are the holders of their status as a victim or offended;

IV. Manage proceedings before the ministerial or judicial authority for the protection of your identity and physical integrity;

V. Advising and contributing to the request for precautionary or protective measures for victims, offended or witnesses;

VI. Co-assist in the filing of challenges before the ministerial or judicial authorities against of resolutions contrary to the rights of the victim or offended or affecting their legitimate interests, and

VII. Others that are appropriate for the protection of the rights and interests of the victim, offended or witness.

Article 17. The dependencies and entities of the Federal Public Administration, in whose field of competence the Assistance and Protection to victims or offended, will be established. the mechanisms and measures that are necessary to ensure the human rights of victims, offenders and witnesses to the offences relating to human trafficking.

These mechanisms should consider each person's Vulnerability Situation.

Article 18. The agencies and entities of the Federal Public Administration, in the field of their competence or at the request of the Commission, shall promote the creation and strengthening of of coordination mechanisms in the field of Albergues, Camas de Medio Camino and Refuges or any other facility designed for the assistance and protection of victims, offended and witnesses of crimes in the field of human trafficking, with the aim to promote the design of public policies in this field, as well as the carrying out of studies, diagnostics, evaluations and other interagency coordination and coordination schemes that contribute to the prevention, care and eradication of crimes in the field of human trafficking.

Article 19. In cases where the National Institute of Women is aware of facts that may be presumed to constitute crimes provided for in the Law, where the victim is a women, must be channelled to the competent instance of care for victims.

Article 20. For the establishment and operation of Albergues, Camas de Medio Camino and Refuges, the agencies and entities of the Federal Public Administration whose scope (a) competition is the provision of health services, development or social assistance, public security, justice, among others, may conclude partnerships with civil society organizations, as well as with entities federative, to guarantee the life, integrity and safety of the victims, or witnesses to the offences relating to human trafficking.

Article 21. The Secretariat, through the Directorate General for Human Rights Strategies, will develop the Model of Assistance and Protection for Victims, Offended and Witnesses of the crimes in the field of human trafficking, in coordination with the competent authority of victims and the Office of the Prosecutor General.

The National Women's Institute will be able to participate in the elaboration of such a Model.

Article 22. The Albergues, Camas de Medio Camino and Refuges must guarantee decent accommodation in which it is possible to provide, among other services, the food, toilet personnel, as well as the means to be able to communicate and, where appropriate, those services of Integral or Psychological Medical Care.

CHAPTER III

OF MEASURES TO ASSIST FOREIGN VICTIMS IN MEXICAN TERRITORY AND VICTIMS OF MEXICAN NATIONALITY ABROAD

Article 23. In the case of foreign victims, the National Migration Institute, in coordination with the Secretariat of Foreign Affairs, will take the measures to allow them to remain on national territory until their full recovery or obtain a regular migratory status, in accordance with the second paragraph of Article 75 of the Law.

addition, during the substantial migration procedures aimed at regularizing the migratory situation, the National Migration Institute will take the necessary measures. For the purpose of the foreign victims, if required, to remain housed in Albergues, Camas de Medio Camino and Refuges or any other instance designed for the Assistance and Protection of the victims.

Article 24. The National Migration Institute will take the necessary measures, within the scope of its competence, to assist during the procedure for the persons concerned. foreign nationals who are at their disposal and who, in the exercise of their powers, identify as victims of crimes in the field of human trafficking. It shall also, if necessary, request the intervention of the competent authority of care to the victim so that the victim receives immediate and urgent medical care, integral and psychological, from the competent authorities and of the Attorney General's Office to provide the necessary protective measures, in terms of the applicable law.

If the victim does not speak the Spanish language, he will be provided with a translator's assistance during the substantial immigration procedure to the regularisation of their migratory status.

When you are a victim with hearing impairment, you will be provided with the service of an interpreter who speaks the Mexican Language Language.

Foreign persons who may be considered offended, in terms of the Act, will receive the same treatment as provided for in this article for foreign victims.

Article 25. Regardless of the migratory status of a victim or foreign offender of human trafficking crimes, the competent authority of care victims will intervene to provide them with the assistance and protection services.

Article 26. For foreign victims on national territory who do not speak the Spanish language, they will be provided with the translation and interpretation service that will assist them. at all times.

Article 27. The Secretariat, in coordination with the Secretariat of Foreign Affairs, will promote the subscription of international instruments on assisted return or repatriation of victims. They are offended, both from Mexicans abroad, and from foreigners in the national territory.

When a foreign victim manifests his willingness to return to his or her country of origin or permanent residence, the National Migration Institute will carry out the necessary paperwork to ensure their return.

Dealing with minors or persons who do not have the capacity to understand the crimes of human trafficking, the National Migration Institute, in coordination with the Secretariat of Relations Exteriors and, where appropriate, with the National System for Integral Development of the Family, will ask the diplomatic or consular representation of the country of origin or permanent residence of the victim or offended to initiate the investigation. in order to ensure that the security and non-security conditions are in place necessary revictimization, prior to the return of the victim.

Article 28. In cases where a foreigner with an irregular migratory status claims to the competent instance of victim care to be the victim of any of the crimes in the field of trafficking persons and express their intention to regularise their migratory status, will be made of the knowledge of the National Institute of Migration such request so that, in accordance with the provisions of article 78 of the Law, it will resolve the terms of the legal provisions on migration.

Article 29. The Secretariat of Foreign Relations, through the Mexican Representations in the Foreign Affairs, will assist when it becomes aware of the victims of the crimes in the field of trafficking persons of Mexican nationality in foreign territory. To do this, it will carry out the necessary procedures to manage access to the Integral, psychological and legal medical care to the authorities responsible for granting it in the country in question.

Article 30. In the event that foreign victims or offended persons who are on national territory request the Mexican State to recognize the status of a refugee, they will act in accordance with with the provisions of the Law on Refugees and Complementary Protection, its Regulation and other applicable legal provisions.

During the development of refugee status recognition procedures, the competent victim care instance, the National Migration Institute and the General Coordination of the Mexican Refugee Assistance Commission will be required to coordinate assistance and protection measures for victims or offended persons.

CHAPTER IV

OF THE DAMAGE REPAIR PROCEDURE

Article 31. The Federal Public Ministry shall be obliged to request the competent judge to repair the damage caused by the crimes in respect of human trafficking, according to the data and evidence the victim or offended, as well as to the opinions he has requested from the institutions concerned, to show the physical, emotional, economic, heritage and in the various environments, on a personal, family level and social of the victim or offended, who document the amount of such reparation, taking into consideration a Different and Specialized Approach.

When medical specialties are required not covered by the gratuitousness schemes of each federal or state health service provider, the competent instance of victim care may celebrate agreements with such service providers, in order to ensure that the costs of medical care are subrogated by the Fund when they have not been fully covered by the sentence.

Article 32. When the resources of the sentenced person are insufficient to cover the amount of compensation for the damage determined by the judge, the resources of the Fund may be used. The allocation of the resources for the repair of the damage referred to in this Article shall be carried out with a differentiated and specific approach and in accordance with the criteria referred to in Article 73 of this Regulation and The Rules of Operation.

Article 33. The competent victim care instance will promote victims, offenders, or witnesses of crimes in the field of human trafficking who require Comprehensive Medical Care and (a) to be incorporated into the schemes for the free provision of health services covered by the applicable legal provisions, in terms of the collaboration agreements which are signed with the agencies and entities of the Corresponding Federal Public Administration.

You will also be able to manage the conclusion of collaboration agreements with the agencies and agencies of the governments of the federal entities that provide health care services, to the effect that the victims, offended or witnesses receive the Comprehensive and Psychological Medical Care, before, during and after the corresponding administrative or judicial processes.

When a victim in connection with the offences provided for in the Law, is pregnant or acquiring sexually transmitted infections, including the human immunodeficiency virus, the dependencies and entities of the Federal Public Administration that provide health care services and, where appropriate, the health authorities of the federal entities, as appropriate, will provide Integral Medical Care to address these situations, in the terms set out in the partnership agreements which the effect of which is signed.

In case of pregnancy of the victim, the agencies and entities of the Federal Public Administration must refer the victim to the health authorities for the necessary information.

Article 34. The Commission, in the field of its powers, shall draw up a programme for the social reintegration of victims, offenders or witnesses of crimes in the field of human trafficking, the inclusion of employment options to incorporate them into working and productive life in a safe manner.

THIRD TITLE

OF THE INTERSECRETARIAL COMMISSION TO PREVENT, PUNISH AND ERADICATE CRIMES IN THE FIELD OF HUMAN TRAFFICKING AND FOR THE PROTECTION AND ASSISTANCE OF VICTIMS OF THESE CRIMES

CHAPTER I

THE OBJECT, INTEGRATION, AND OPERATION OF THE COMMISSION

Article 35. The Commission shall be of a permanent nature, and its object and integration shall be in accordance with the law.

Article 36. The Commission shall hold an ordinary session at least twice a year, without prejudice to the holding of extraordinary sessions where circumstances warrant it, in terms of set the Rules of Procedure.

Article 37. The agreements of the Commission shall be implemented in accordance with the field of competence and the legal provisions applicable to its members, as well as the mechanisms of collaboration to be established and the budgetary availability authorised.

Article 38. The Commission, in addition to the duties imposed on it by the Law and this Regulation, may establish in its Rules of Procedure those it deems necessary for the performance of its object.

Article 39. The President will have the following attributions:

I. Chair the sessions;

II. Authorizing the session order project;

III. Authorize the celebration of the extraordinary sessions requested by any of the members of the Commission;

IV. the draft annual report referred to in Article 93, second paragraph of the Law for the approval of the Commission and once approved refer it to the President of the Republic and to the Congress of the Union;

V. Represent the Commission, and

VI. Other as set out in the Rules of Procedure and other applicable legal provisions.

Article 40. The Technical Secretariat of the Commission will be in charge of the head of the General Directorate of Strategies for Human Rights of the Secretariat and will have the following:

I. Support the President in the organization and logistics of the sessions;

II. Submit for the President's consideration the agenda for the sessions;

III. Issue the Commission's calls for session, attaching the agenda and the corresponding documentation of the topics to be treated;

IV. Request the information required by the Commission for the exercise of its duties to the members of the Commission, the participants in the same, civil society organizations, other agencies and entities of the Federal Public Administration, as well as, where appropriate, federal entities and municipalities;

V. Pass list of assistance to the members of the Commission and determine the existence of the quorum for sessioning;

VI. Elaborate and subscribe, together with the President, the corresponding minutes of the sessions;

VII. To follow up on the agreements to be adopted in the Commission sessions;

VIII. To follow up the work and agreements carried out by the Commission's Consultative Subcommittee, as well as by the job created by it on specific topics;

IX. Request to the competent authorities the information necessary to assist the President in the integration of the draft annual report referred to in Article 93 of the Law, as well as for the updating of the database referred to in Chapter IV of this Title;

X. Make the dissemination, by any means, of the activities, events, reports and actions that the Commission has undertaken for the prevention of crimes in the field of human trafficking;

XI. Develop the project of the Commission's annual work programme, and

XII. The others that the President instructs you or point to in the Rules of Procedure.

Article 41. Members of the Commission have the following obligations and rights:

I. Attend the Commission sessions;

II. Propose the topics to be addressed in the Commission sessions;

III. Propose the issues that may be brought to the Commission's Consultative Subcommittee;

IV. Voting agreements, opinions and other matters known to the Commission;

V. Submit the documentation for the topics to be dealt with in the Commission sessions or the one that is required by the Commission or the Technical Secretariat of the Commission;

VI. Give compliance to the agreements taken by the Commission, within the scope of their respective competencies;

VII. Provide the support required to meet the Commission's object, in accordance with the scope of their respective powers and the applicable legal provisions;

VIII. Promote, in the field of their respective competencies, the coordination and implementation of the actions they are necessary for the fulfilment of the agreements taken by the Commission;

IX. Designate the public servants who will represent them in the Commission's Consultative Subcommittee or in the work on specific issues created by the Commission, and

X. Other than the Commission or the Rules of Procedure determine.

Article 42. The Commission may set up working groups on specific, temporary or permanent subjects to analyse and review priority issues in the areas of prevention and punishment. crimes in the field of human trafficking or of assistance and protection of victims, offenders or witnesses.

Working groups on specific topics will be made up of the public servants that make up the Commission and under the coordination that it agrees to each case.

The work and sessions of the working groups on specific topics will be carried out in the terms set out in the Rules of Procedure.

Studies, opinions and reports to be drawn up by working groups on specific topics should be approved by the Commission.

Article 43. The Commission may request the participation of invited experts to assist in the implementation of the Commission's programmes and actions, when required or because they have developed activities in support of the Commission.

This participation will be voluntary and honorary and will be held in the sessions of the Commission, the Consultative Subcommittee and the working groups on specific topics, in which they will be discussed. related to the topic that is of particular interest or competence.

CHAPTER II

OF THE OBLIGATIONS FOR THE AGENCIES AND ENTITIES OF THE COMMISSION

Article 44. As provided for in Article 89 of the Law, the agencies and entities of the Federal Public Administration shall carry out the necessary actions. to ensure the prevention, assistance and protection of victims, offenders or witnesses to the offences provided for in the Act.

Article 45. For the purposes of the obligations provided for in Article 89 of the Law, the agencies and entities of the Federal Public Administration shall design, implement and, where appropriate, amend plans and programmes in the field of human trafficking, with the aim of strengthening prevention and assistance and the protection of victims, offenders or witnesses of the offences provided for in the Law.

Article 46. In compliance with Articles 90, fraction IV and 113, fraction VIII of the Law, the Secretariat, through the Secretariat of Human Rights, will support the Civil society organizations in the creation and operation of Albergues, Camas de Medio Camino and Refuges.

For the operation of the Albergues, Camas de Medio Camino and Refuges referred to in the previous paragraph, the General Directorate of Strategies for Human Rights Secretariat, in accordance with budgetary availability, may authorise the provision of resources to civil society organisations under the Fund.

In order to have the authorization referred to in the previous paragraph, the Albergues, Camas de Medio Camino and Refuges will have to comply, in addition to what is established in the Model of Assistance and Protection for Victims, Offended and Witnesses, with the following requirements:

I. Submit the documentation with which the legal personality is credited, dealing with people moral;

II. Credit the use or disposition of a property for the provision of the services of Albergues, Halfway houses and shelters, through the corresponding public deed or contract that guarantees the use of the same;

III. Contar with the basic elements for your operation, including:

a) Illuminated and ventilated installations;

b) Special areas for the attention of children and children;

c) Drinking water and electricity;

d) Dining area and bedrooms;

e) Toilet area, and

f) Security on access to facilities;

IV. Contar with trained personnel to deliver services;

V. Contar with mechanisms that allow monitoring of your activities and of Assistance and Protection which is provided to victims, offended or witnesses, who must consider the following:

a) The practice of periodic inspection visits to the Albergues, Camas de Medio Camino and Refuges por Part of the General Directorate of Strategies for Human Rights of the Secretariat, in accordance with applicable legal provisions;

b) The attention of the observations that the Directorate General of Strategies for the Attention of Human Rights of the Secretariat arising from the inspection visits referred to in the preceding paragraph, and

c) Attention to observations and complaints by victims, offended and witnesses of the services provided by the Albergues, Camas de Medio Camino and Refuges, and

VI. Be enrolled in the Register set out in Article 50 of this Regulation.

Article 47. The delivery of the resources referred to in the previous article shall be made by agreement concluded between the Secretariat and the legal representative of the Albergue, Casa de Middle Way and Shelter.

Article 48. For the delivery of the Fund's resources, in the agreements to be concluded, it should be established that the Directorate General of Strategies for the Care of Human Rights of the Secretariat will be able to carry out periodic inspection visits to the Albergues, Camas de Medio Camino and Refuges, in terms of the applicable legal provisions. The refusal of the Albergue, Casa de Medio Camino and Refugio to allow access at any time to the staff of the General Directorate will be cause for the cancellation and immediate recovery of the resources of the Fund that have not been accrued, without prejudice to the Public Ministry.

Article 49. The Victim, Offended and Witness Model of Assistance and Protection shall be issued by the Secretariat, upon the opinion of the Commission, in accordance with Article 90 of the Law.

Once the Model of Assistance and Protection for Victims, Offended and Witnesses, the General Directorate of Strategies for Human Rights of the Secretariat, has been approved, it will be responsible for of its implementation and monitoring its compliance, in the field of Albergues, Camas de Medio Camino and Refuges.

Article 50. The Secretariat, through the Directorate General for Human Rights Strategies, in accordance with Article 113, section XIII of the Law, will have to integrate and update the Padrón de Albergues, Camas de Medio Camino y Refuges for the victims, offended or witnesses of the crimes in the matter of human trafficking. The said Godfather will contain the name or name or social reason of the association that holds the Albergue, Casa de Medio Camino y Refugio, its address, name of the person responsible, population and age range of the residents, and if corresponds to an Albergue, Casa de Medio Camino y Refugio, public or private.

Article 51. To provide due assistance and protection to victims, offended or witnesses in Albergues, Camas de Medio Camino and Refuges, during their recovery, rehabilitation and reintegration, the Secretariat, through the Directorate General of Strategies for Human Rights, will be able to visit the facilities of the same, to verify respect for human rights.

For such purposes, the Federal Administrative Procedure Law shall be applicable, as appropriate.

Article 52. The Secretariat, through the Directorate General for Human Rights Strategies, will follow up complaints about human rights violations of victims, or witnesses, who are located in Albergues, Camas de Medio Camino and Refuges.

Article 53. If derived from the visit to the Albergue, Casa de Medio Camino y Refugio, or for any other circumstance, it is apparent that crimes of any kind have been committed on them In violation of human rights, the General Directorate of Strategies for Human Rights of the Secretariat will give a view to the Public Ministry.

Article 54. The Secretariat of Communications and Transportation will promote training and prevention programs in the field, among the personnel of the various means of transportation of federal competition, and carry out the dissemination of material relating to offences relating to human trafficking between users of means of transport and road infrastructure, in order to encourage the detection of possible victims of such offences, and the culture of denunciation.

Article 55. The movable or immovable property or shops intended for lodging, feeding or recreation that are linked to the offences provided for in the Law, shall be insured in accordance with the the applicable rules and, where appropriate, the Federal Public Ministry will carry out the actions to initiate the procedure of extinction of the domain, in terms of the Federal Law of Extinction of Domain, Regulatory of the article 22 of the Political Constitution of the United Mexican States.

Article 56. The National System for Integral Family Development will promote, through State Systems for Integral Family Development, Assistance and Protection of victims of crimes in the field of trafficking of persons under the age of 18, in order to ensure that their special needs are met in the Albergues, the Camas de Medio Camino and the Refuges, when they are counted, requesting the support of the Federal authorities for the provision of Comprehensive and Psychological Medical Care.

Article 57. The dependencies and entities of the Federal Public Administration that within its powers carry out actions of international cooperation in the field of human trafficking in coordination with other countries, regional and international mechanisms and agencies, they shall make prior notice to the Secretariat of Foreign Affairs and in accordance with the provisions contained in the Law on the Celebration of Treaties.

CHAPTER III

OF THE COMMISSION ' S CONSULTATIVE SUB-COMMISSION

Article 58. The Commission will have a Consultative Subcommittee, as a collegiate body of analysis and opinion of the Commission's competition affairs.

The operation and operation of the Consultative Subcommittee will be established in the Rules of Procedure.

Article 59. The Commission's Advisory Sub-Committee shall meet quarterly in an ordinary manner, without prejudice to the holding of extraordinary sessions, in accordance with the terms of the Rules of Procedure. Internal.

Article 60. The Commission's Consultative Subcommittee will be integrated in terms of the Rules of Procedure.

At the Consultative Subcommittee, invited experts linked to human trafficking may participate in the terms set out in the Rules of Procedure.

Article 61. The coordination of the Commission's Consultative Subcommittee shall be carried out by the public servant designated by the President, who shall have the same functions as the President in the field of competence of the Consultative Subcommittee. This designation shall be made on a yearly basis between the members of the Commission, in accordance with the Rules of Procedure, for which the Technical Secretariat of the Commission shall follow up the work in order to ensure that the Advisory Sub-Committee is not interrupted.

Article 62. The Commission's Consultative Subcommittee will have the following functions:

I. Know the issues that are brought to you by the agreement of the Commission, and based on the analysis of the information to issue its opinion to the members of the Commission on the same;

II. To propose to the Commission matters that may be included in the agenda of its sessions, as well as projects and documents analysis on matters related to the offences provided for in the Act;

III. Report to the Commission on the progress of the National Programme and the Permanent Programmes;

IV. Submit to the Commission the studies and reports required by you, and

V. The others to trust the Commission or the Rules of Procedure.

The Consultative Subcommittee, with support from the National Institute of Indigenous Languages, will be able to contribute in the actions necessary to carry out the translation into indigenous languages and their linguistic variants of the legislation and documents in the field of human trafficking.

In addition, the Consultative Subcommittee, in the case of the Mexican Language Language, will contribute to the National Council for the Development and Inclusion of Persons with Disabilities, for the translation of documents relating to the trafficking of persons to that sector of the population.

CHAPTER IV

OF THE DATABASE

Article 63. The Commission will have a website in which a single database will be implemented to enable the National Programme to be registered and monitored. This basis will describe the activities carried out at the federal level, and where appropriate, those executed in the federal entities and municipalities, for the prevention of crimes related to human trafficking.

The Technical Secretariat of the Commission shall operate and update the database referred to in the previous paragraph through a Secretariat's website, to follow up on actions, activities and activities. reports that the authorities and institutions give to the National Program and the actions established in the Law.

In addition, with the information contained in the database referred to in this article, the Technical Secretariat of the Commission will carry out indicators to assess the achievement of the objectives of the present Regulation.

Article 64. The agencies and entities of the Federal Public Administration, as well as the Attorney General's Office and the competent authority for the victims participating in the programs referred to in the Law, they are required to provide the information requested within the time limit set by the Technical Secretariat of the Commission for the enforcement of the Law.

In addition, the authorities mentioned in the previous paragraph may conclude agreements with the governments of the federative entities and municipalities for the exchange of information that will allow generate indicators that evaluate the programs that derive from the Law.

Article 65. To ensure the confidentiality of the data of the victims, offended or witnesses, as well as of the investigations and other measures taken for their Assistance and Protection, the dependencies and entities of the Federal Public Administration shall be governed by the applicable provisions concerning the reservation of prior investigation and transparency and access to governmental public information, and data protection personal.

To obtain data, we will observe the provisions of the Federal Law on Transparency and Access to Government Public Information.

The Secretariat, through the information system of the Platform Mexico, will collect information related to crimes in the field of human trafficking, in order to update this system.

TITLE FOURTH

OF THE FUND

ONLY CHAPTER

Article 66. The Fund shall be integrated into the terms provided for in Article 81 of the Act.

Article 67. The Fund will be administered by the Secretariat, through the Directorate General for Human Rights Strategies.

Article 68. The Fund's management shall be made in accordance with the provisions of the Federal Budget and Accountability Act, its Rules of Procedure, this Regulation and the Rules of Operation, and based on the following criteria:

I. Transparency, so the actions of allocation, destination, use, application and administration of resources must be make feasible:

a) The audit by the Higher Audit of the Federation and other audit bodies;

b) Scrutiny on the decisions and acts of the Fund's administrator;

c) Access to government public information, with exceptions corresponding to confidential or reserved information in terms of the Federal Law on Transparency and Access to Government Public Information, and

d) The accountability for the exercise of the authority's resources, based on commitments made and results generated on the situation and welfare of victims or offended;

II. Opportunity, so the destination and use of resources should:

a) Favour a nimble application of the resources available in the Fund for the benefit of the victims or offended right to this, and

b) Avoid imposing on a victim or offended person to seek support from the Fund's resources additional to that suffered for the purpose of the offences relating to human trafficking perpetrated in its tort, as well as an unjustified delay or burden which aggravates his or her condition or disclaims or impedes the exercise of his right to access the resources of the Fund;

III. Efficiency, so the Fund administration should:

a) Reduce the administrative costs of the Fund to the minimum necessary to ensure its proper handling, operation and generation of results in favour of victims and offended, and

b) To provide timely, effective, relevant and appropriate care and response to any victim or offended person who is Background requesting access to resources from it, and

IV. Rationality, so your destiny, exercise and application must:

a) Privilege the interest and well-being of the victims and offended groups;

b) Constituting support to repair damage to victims and offended;

c) Helping to overcome the state of affectation of the victims or offended by the crimes in the field of trafficking persons perpetrated in their tort and to assume a healthy daily life, and

d) Influence when this is feasible, on the discrimination and marginalization schemes that have been a fundamental cause of the Victimizing facts.

Article 69. The Fund's resources will be administered through a public trust. The administration of the Fund shall permit the identification of the various concepts that make up the Fund, which shall be the subject of the contract which for that purpose shall be carried out and of the Rules of Operation that are issued in respect of the Fund.

Article 70. The erogations that are made in the management of the Fund's resources will be covered by the Fund.

Article 71. The Fund will have a Technical Committee, which will be, in terms of Article 215, fraction I, of the Federal Budget and Accountability Act Regulation, integrated by five public servants of the Secretariat with a minimum level of Deputy Director General. The operation and operation of the Technical Committee shall be provided for in the respective trust contract and in the Rules of Operation.

The delivery of resources to a victim or offence shall be made in accordance with this Regulation and the Rules of Operation.

Article 72. The Fund's resources shall be allocated to the following items in the proportions determined annually by the Technical Committee on a proposal from the General Directorate of Strategies for Attention Human Rights of the Secretariat:

I. In terms of the last paragraph of Article 81 of the Law, as regards the amount to be determined by the judge in The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of Justice held that the Court of First Instance had failed to act as a result of the sentenced, which shall cover the following:

a) Costs of medical treatments, medicines, clinical examinations and necessary interventions, prostheses or braces and Thesis;

b) Costs of psychiatric, psychological and physical, social and occupational therapies or treatments;

c) Transport costs, including return to their place of origin, if the victim or offended, expenses of food, temporary housing, clothing and whatever are necessary;

d) Loss of opportunities, in particular employment, education and social benefits;

e) Material damage and loss of income, including employment compensation for the time you were unable to work in your work lost;

f) Legal or expert assistance and representation expenses, and

g) Other than the statement set;

II. Financing of the stay of victims, offended or witnesses of the crimes of the federal jurisdiction provided for in the Law, in Hostels, Camps de Medio Camino y Refuges, where a decent accommodation is guaranteed for the necessary time, material, medical, psychiatric, psychological and social assistance, food and care catering to your needs and your evolution, and

III. Carry out the protective measures referred to in Article 90 of the Law.

Hostels, Camps de Medio Camino and Refuges that receive resources from the Fund will have to present to the General Directorate of Strategies for Human Rights of the Secretariat an annual report on the exercise of the public resources received. This report shall be forwarded to the Commission through its Technical Secretariat.

Article 73. The criteria under which the Fund's resources shall be allocated to victims or offended shall be at least the following, without prejudice to the determination of the Rules of Operation other:

I. The need for the victim or offended;

II. The severity of the damage suffered by the victim or offended;

III. The current socio-economic situation of the victim or offended;

IV. The existence of the greatest vulnerability of the victim or offended by reason of the type of damage suffered;

V. The relationship that the victim has or offended with her attacker;

VI. The psychological and emotional profile of the victim or offended, and

VII. The possibility of each group of victims or offended to access social or private media and assistance.

These criteria will be evaluated and credited as determined by the Rules of Operation.

Article 74. For the various items referred to in Article 72 of this Regulation, the Rules of Operation shall contain tables to be fixed for each item set out in that Article, amounts or percentages, minimum and maximum, within which the amount to be set by the Technical Committee of the Fund shall be located for each specific delivery of resources.

Article 75. Access to the Fund's resources shall be subject to the availability of resources therein, in terms of the applicable legal provisions.

Article 76. The victim or offended who intends to access the Fund's resources shall comply with the requirements and conditions laid down in the Rules of Operation, which shall be determined by the Technical Committee of the Fund on a proposal from the General Directorate of Strategies for Human Rights of the Secretariat.

Article 77. To access the Fund's resources in the case of damage repair in terms of Articles 52 and 81 of the Act, it will be necessary for the victim or offended to exhibit enforceable judgment. of the judge who condemns the victim to the commission of the crimes in the matter of human trafficking and the reparation of the damage.

For the purposes of the preceding paragraph, the Technical Committee of the Fund may, through its Technical Secretary, request the judicial authority:

I. The total amount of damage repair to which the executed statement condemns, and

II. The total amount that has already been covered and delivered to the victim or offended.

Article 78. To access the Fund's resources in the case of the measures referred to in Article 90, fractions I, II, III, and VIII, of the Act, it shall be necessary for the to provide assistance and protection to the victim, offended or witness directly request the Technical Committee of the Fund, and must comply with the requirements laid down in the Rules of Operation.

Article 79. The change of identity and residence referred to in the last paragraph of Article 82 and the second paragraph of Article 90 (III) of the Law shall carry out the resources of the programme set out in Article 83 of the Law.

TITLE FIFTH

OF THE COORDINATION BETWEEN AUTHORITIES OF THE THREE GOVERNMENT ORDERS

CHAPTER I

FROM THE FEDERAL GOVERNMENT

Article 80. The Secretariat shall establish the general guidelines established in Article 113 (VII) of the Law, in order to establish the indicators for evaluating the actions and programmes implemented by the Federal Government, federal entities, municipalities and society.

Article 81. The National Program, in addition to considering the items established in Article 92 of the Law, must include the minimum requirements to be contained in the programs and Plans for the combat of crimes in the field of human trafficking, to be developed by the federal authorities, the governments of the federal authorities and municipalities, as well as the civil society organizations whose activities are supported by officers.

Article 82. The General Directorate of Strategies for Human Rights of the Secretariat will take the national register of the agencies, institutions and organizations of the civil society referred to in section XIII of article 113 of the Law, for which it will coordinate with the Commission of Promotion of the Activities of the Organizations of the Civil Society, according to the Fourth Chapter of the Federal Law of Promotion of the activities carried out by civil society organisations.

CHAPTER II

TRAINING, TRAINING, AND UPGRADING

Article 83. According to Article 113, fraction IV of the Law, it is for the Attorney General's Office, with the participation of the Commission and the Secretariat, to coordinate the national system of training, updating, training and professionalization of public servants who participate in the processes of prevention, investigation, attention and punishment of the crimes provided for in the Law.

The National Institute of Criminal Sciences will design in coordination with the Secretariat, the Commission, the competent instance of victims ' care and, where appropriate, the National Commission of Human Rights, training, training and updating programs for the prevention, attention and punishment of crimes in the field of human trafficking, directed at least to the elements of the Federal Police, Federal Ministerial Police, Expert staff and agents of the Public Ministry of the Federation.

Such training should include courses in raising awareness of the right treatment for victims or offended persons who have disabilities.

Article 84. The Commission, in coordination with the Secretariat and the Attorney General's Office, will issue the unique protocols for the use of procedures and resources for rescue, assistance and protection of victims and potential victims of the offences provided for in the Law, which will be distributed by the Technical Secretariat of the Commission to its members.

CHAPTER III

FOR THE ELABORATION, IMPLEMENTATION AND MONITORING OF THE NATIONAL PROGRAM

Article 85. The Permanent Programs will be performed and developed in accordance with the National Program.

Article 86. The agencies and entities of the Federal Public Administration, as well as the Attorney General's Office, will be responsible for implementing the National Program, within the framework of its attributions, as well as providing the necessary resources to do so.

TRANSIENT

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

SECOND.- The Intersecretarial Commission to Prevent, Punish and Eradicate Crimes in Matter of Trafficking in Persons and for the Protection and Assistance to Victims of these Crimes make the amendments to its Rules of Procedure within 90 working days of the entry into force of this Regulation.

THIRD.- In accordance with Article 89 of the Law, the authorities referred to in that article shall have a period of one hundred and twenty working days from the entry into force of the To comply with this Regulation, they shall inform the Technical Secretariat of the Inter-secretarial Commission for the Prevention, Punishment and Eradication of Crimes in Matter of Trafficking in Persons and for the Protection and Assistance of Victims of These offences on the implementation of the programmes and activities entrusted to them.

The Technical Secretariat of the Inter-secretarial Commission to Prevent, Punish and Eradicate the Crimes in Matter of Trafficking in Persons and for the Protection and Assistance of Victims Offences within 90 working days shall implement the website referred to in Article 63 of this Regulation.

FOURTH.- The logings that are generated by the entry into force of this Regulation shall be made from the budget authorized for that purpose to the dependencies or entities of the Federal Public Administration that correspond, and therefore no additional resources will be authorised for the fiscal year concerned.

QUINTO.- The training, training and updating programs referred to in Articles 89, XV, Law and 83 of this Regulation should be designed within the deadline. of one hundred and twenty working days following the entry into force of this Regulation.

SIXTH.- The dependencies and entities of the Federal Public Administration that for its sphere of competence provide direct attention to the victims, offended or witnesses of the (a) offences relating to human trafficking shall have a period of one hundred and twenty working days following the entry into force of this Regulation, in order to design, implement and, where appropriate, amend plans and programmes in respect of human trafficking; people.

SEVENTH.- The agencies and entities of the Federal Public Administration and the Attorney General's Office will conclude collaboration agreements with the corresponding authorities, in order to contribute to the interpretation of the social communication campaigns in indigenous languages, as well as in the Language of Mexican Señas, in a progressive manner as the institutional mechanisms for this are established.

EIGHTH.- The Attorney General's Office shall have a period of no more than ninety working days from the entry into force of this Regulation to review and, if appropriate, adjust the Program of Protection of Victims and Witnesses in order to comply with Article 83 of the Law.

NINTH.- The Regulation of the Law to Prevent and Punish the Trafficking in Persons published in the Official Journal of the Federation on 27 February 2009 is repealed and all are repealed. those provisions which are contrary to this Regulation.

DECIMAL.- The Directorate General for Human Rights Strategies of the Secretariat of the Interior, in coordination with the competent instance of care for victims and the Office of the Special Prosecutor for the Crimes of Violence against Women and Trafficking in Persons of the Attorney General's Office shall have a term of ninety working days from the date of entry into force of this Regulation, in order to establish the Model of Assistance and Protection for Victims, Offended and Witnesses.

TENTH FIRST.- The unique protocols for the use of procedures and resources for the rescue, assistance and protection of victims and potential victims of the crimes foreseen in The Law, as referred to in Article 84 of this Regulation, shall be issued by the Commission, in coordination with the Secretariat of Government and the Attorney General's Office, within a period of ninety working days from the date of Entry into force of this Regulation.

Given at the Residence of the Federal Executive Branch, in Mexico City, Federal District, at twenty September of two thousand thirteen.- Enrique Peña Nieto.-Heading.-The Secretary of Governor, Miguel Angel Osorio Chong.-Heading.-The Secretary of Foreign Affairs, José Antonio Meade Kurirena.-Heading.-The Secretariat of Social Development, Maria del Rosario Robles Berlanga.-Heading.-The Secretary of Communications and Transportation, Gerardo Ruiz Esparza.- Heading.-The Secretary of Public Education, Emilio Chuayffet Chemor.-Heading.-The Secretary of Health, Maria de las Mercedes Martha Juan López.-Heading.-The Secretary of Labor and Social Welfare, Jesus Alfonso Navarrete Prida.-Heading.-The Tourism Secretariat, Claudia Ruiz Massieu Salinas.-Heading.