NATIONAL ELECTORAL INSTITUTE

AGREEMENT of the General Council approving the Complaint and Complaints Regulations of the National Electoral Institute, which abrogates the previous one, published on September 5, 2011.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-National Electoral Institute.-General Council.-INE/CG191/2014.

AGREEMENT OF THE GENERAL COUNCIL APPROVING THE REGULATION OF COMPLAINTS AND COMPLAINTS OF THE NATIONAL ELECTORAL INSTITUTE, WHICH ABROGOGA THE PREVIOUS ONE, PUBLISHED IN THE OFFICIAL JOURNAL OF THE FEDERATION ON 5 SEPTEMBER 2011

BACKGROUND

I. In extraordinary session of June 23, 2011, the General Council of the then Federal Electoral Institute, issued the Agreement CG192/2011, for which it issued the Regulation of Complaints and Complaints from the Federal Electoral Institute, and it was published on February 6, 2009, in the Official Journal of the Federation. The regulation was published on 30 June 2011 in the Official Journal of the Federation.

II. By judgment of July 27, 2011, in the appeal cases SUP-RAP-141/2011 and SUP-RAP-144/2011, promoted by the Convergence and the Democratic Revolution parties of the Agreement described in the previous paragraph, the Superior Chamber of the Electoral Tribunal of the Judicial Branch of the Federation ordered that the articles 67 paragraph 1, 69, and 70 paragraph 7 of the regulation described in the previous paragraph, should be adjusted according to the specified in the Fifth and Sixth Considerations of the failure.

III. In an extraordinary session of August 17, 2011, in compliance with the sentence referred to, the General Council of the then Federal Electoral Institute issued the CCG246/2011 Agreement, for which modified the different CG192/2011 described in Point I.

IV. On February 10, 2014 was published in the Official Journal of the Federation, the Decree for which they were reformed, added and repealed various provisions of the Political Constitution of the The United States of Mexico in electoral politics. According to the provisions of the Transitional Second of the decree, the Congress of the Union was to issue general laws on electoral crimes, as well as those that distribute powers between the Federation and the Federal Political parties, electoral bodies and electoral processes.

V.       In an extraordinary session of April 29, 2014, the AGREEMENT OF THE GENERAL COUNCIL OF NATIONAL ELECTORAL INSTITUTE FOR WHICH GUIDELINES ARE ISSUED FOR ORGANIZING THE WORK OF REFORM OR ISSUING OF REGULATIONS AND OF OTHERS NORMATIVE INSTRUMENTS OF THE INSTITUTE DERIVED FROM ELECTORAL REFORM, identified with key INE/CG14/2014.

VI. On May 23, 2014 was published in the Official Journal of the Federation, the Decree for which the General Law of Electoral Institutions and Procedures was issued and the Federal Code was abrogated. of Electoral Institutions and Procedures published on 14 February 2008 in the Official Journal of the Federation. The Sixth Transitional of the General Law granted a period of 180 days from the entry into force of the Law, so that the General Council of the National Electoral Institute would issue the necessary agreements to make the reforms.

VII.     At the Twenty-second extraordinary session of an urgent nature held on October 3, 2014, the Complaint and Complaints Commission of the National Electoral Institute approved the Project for Complaints and Complaints of the National Institute. Electoral, which abrogated the one described in the Edente III; and

CONSIDERING

1.       That Article 35 of the General Law of Electoral Institutions and Procedures provides that the General Council of the National Electoral Institute is the top management body responsible for monitoring compliance with the provisions of the law. constitutional and legal matters in the electoral field, as well as to ensure that the principles of certainty, legality, independence, impartiality, maximum publicity and objectivity guide all the activities of the Institute.

2. Article 44, paragraph 1, point (a) of the standard by appointment, provides that the General Council has, among its powers, to approve and issue the internal regulations necessary for the due exercise of the authority of the Institute.

3.       That, as a result of the constitutional and legal reforms enacted this year, for which the electoral sanctioning regime was modified, it is necessary to issue the legal instrument proposed and to abrogate the Complaint and Complaints Regulations. Federal Electoral Institute.

4.       That in the work for the issue of this Regulation, it was sought to accommodate the plurality of opinions, so the contributions of the members of the Complaints Commission and the complaints, as well as the rest of the Electoral Advisers and other bodies of the Institute.

5. That the Second Point of the INE/CG14/2014 Agreement, described in the Fifth Framework, provides that the Complaints and Complaints Commission will present to the General Council, for its approval, the proposal of reform of the Complaints and Complaints Regulation.

Based on the Background and Exposed Considerations, and on the basis of Articles 41, second paragraph, Base V, of the Political Constitution of the United Mexican States; 29; 34, paragraph 1; 35, and 44; Paragraph 1, point (a) of the General Law of Electoral Institutions and Procedures, as well as in Point II of the INE/CG14/2014 Agreement, the General Council issues the present:

AGREEMENT

First. The Complaint and Complaints Regulations of the National Electoral Institute are approved, in an extraordinary session of the General Council of this Institute, held on October 7, two thousand fourteen. tenor of the following:

TITLE FIRST

OF GENERAL PROVISIONS

CHAPTER I

The application scope and interpretation criteria

Article 1

From the application scope and its object

1. The Regulation is of general public order and enforcement.

2. It is intended to regulate the sanctioning procedures applicable to the administrative faults laid down in the First, Second, Third and Fourth Chapters of the First Title of the Eighth General Law, as well as the procedure for the adoption of precautionary measures.

3. The rules contained in the Regulation are applicable to the sanctioning procedures referred to in the previous paragraph, which are dealt with both by the central bodies and by the Institute's deconcentrated bodies.

Article 2

Applicable general principles and interpretation criteria

1. The interpretation of the rules of this Regulation shall be carried out in accordance with the grammatical, systematic and functional criteria, in accordance with the provisions of the last paragraph of Article 14 of the Political Constitution of the United Mexican States.

2. It will address the general principles of law, and apply to the administrative right of electoral sanctioning, the principles contained and developed by criminal law.

CHAPTER II

Of sanctioning procedures and precautionary measures

Article 3

Of the procedures

1. The procedures that are regulated in the Regulation are:

I. The ordinary sanctioning procedure.

II. The special sanctioning procedure, only in terms of processing and substantiation.

III. The procedure for the adoption of precautionary measures, in matters of exclusive competence of the organs of the Institute, as well as of the Local Public Bodies in matters of radio and television.

2. The Technical Unit shall determine from the day of the first agreement and in each case, the type of procedure by which complaints and complaints must be substantiated, taking into account the facts reported and the alleged infringement.

Article 4

Finality of the procedures

1. The purpose of the sanctioning procedures is to substantiate complaints and complaints lodged with the Institute, or those which have been initiated on their own initiative, to the effect that the competent authority, by assessing the means of proof they provide the parties and those which, where appropriate, have been obtained during the investigation, determine:

I. In the case of ordinary sanctioning procedures:

a) The existence or not of faults to the federal electoral norms and, if necessary, impose the sanctions that correspond, or refer the case to the competent instance, and

b) Restitution the order infringed and inhibit the violation of the rules and principles governing the matter election.

II. In the case of special sanctioning procedures, the procedure shall be substantiated and the file shall be taken over to the Regional Chamber for its resolution.

2. The procedures for the attention of requests for precautionary measures are aimed at preventing irreparable damage in electoral contests, making any act that could lead to a violation or an effect on the principles or Legal goods on electoral matters.

CHAPTER III

From the competition

Article 5

Competent organs

1. They are competent bodies for the processing and/or resolution of administrative sanctions:

I. The General Council.

II. The Commission.

III. The Technical Unit.

IV. The Specialised Regional Court

V. The Boards and Executive Local Boards.

VI. The Boards and Executive District Boards.

2. The organs of the Institute shall know:

I. At Central Level:

(a) The ordinary sanctioning procedure, substantiated, processed and resolved when the infringement of rules is denounced Election as not subject to the special procedure.

b) The special sanctioning procedure, which is substantiated and dealt with by the Technical Unit, when the hypotheses provided for in Article 470 of the General Law; as well as when the conduct is related to political, electoral or governmental propaganda in the field of radio and television in the federal entities.

c) The procedure for the adoption of precautionary measures.

II. At the district level, when during the Federal Electoral Process it is reported:

a) The physical location or the content of political or electoral propaganda printed, painted on bars, or any different from that transmitted by radio or television;

(b) Precampaign or campaign advance acts, provided that the commission of the offence is different from radio or television.

c) The alleged dissemination of government or institutional propaganda in a prohibited period, that is, from the beginning of the federal electoral campaigns and until the conclusion of the Electoral Day, provided that the commission of the offence is different from radio or television, and the disclosure of such propaganda, is carried out in the territory of a district determined.

d) The alleged dissemination of propaganda by the authorities and any other public entity, involving the personal promotion of any public servant, provided that the commission of the offence is different from radio or television, and the disclosure of such propaganda is carried out in the territory of a given district.

e) The spread of propaganda that calumnie in terms of what is foreseen in the General Law, provided the comissive medium is different from radio and television.

Article 6

Of the support staff in the unconcentrated organs.

1. For the purposes set out in the General Law and the Regulation, the unconcentrated bodies shall have support staff, whose recruitment shall be determined by the Secretary, whom they shall report on a quarterly basis. Such staff will receive regular training from the Technical Unit.

2. The local and district councils and executive boards, in their respective areas of competence, shall serve as auxiliary bodies for the substantiation of procedures known at the central level.

CHAPTER IV

Glossary

Article 7

Glossary

1. In addition to the definitions provided for in Article 3 of the General Law, and for the purposes of this Regulation,

following definitions shall apply:

I. Affiliate or militant: Citizen who, in full enjoyment and exercise of his political-electoral rights, registers freely, voluntarily and individually to a political party in terms that for those purposes has the party in its normativity internal, regardless of their denomination, activity and degree of participation.

II. Aspirant: Person who has an interest in getting citizen support to run as a candidate.

III. Local judicial authorities: Courts or electoral courts of the federative entities.

IV. Candidate: It is the citizen who obtained his registration with the Institute or Local Public Body to run for a position of popular choice, be independent or run by a party or coalition.

V. Commission: Complaints and Complaints Commission of the Institute.

VI. President: Counsellor President of the Complaints and Complaints Commission.

VII. Electoral advisers: Electoral Directors appointed by the Chamber of Deputies in accordance with the procedure provided for by the Constitution, members of the Commission.

VIII. Tips: Local and District Councils of the Institute.

IX. General Council: General Council of the Institute.

X. Constitution: Political Constitution of the United Mexican States.

XI. Cuadernillo: Auxiliary booklet of precautionary measures that is integrated in the context of a request made within a procedure of local competence, for the sole effect of processing and resolution to the request.

XII. Notebook: Background booklet formed on the basis of legally regulated specific applications or actions.

XIII. Reported: Physical or moral person against whom the complaint or complaint is made.

XIV. Institute: National Electoral Institute.

XV. Boards: Local and District Boards of the Institute.

XVI. Law General: General Law on Electoral Institutions and Procedures.

XVII. Precautionary measures: procedural acts to be determined by the Council, the Commission or the competent authorities, at the request of the Executive Secretariat, the Technical Unit, a Local Public Body or the Executive Board of the Board in order to achieve the cessation of acts or acts which could constitute an infringement of electoral norms, in order to avoid the production of irreparable damage, the affectation of the principles governing the processes (a) electoral law or the infringement of the legal goods protected by the provisions contained in the Until the final resolution is issued, the electoral normativity will be issued.

XVIII. Local Public Bodies: Electoral public bodies of federal entities.

XIX. Unconcentrated organs: Local and District Councils or Councils of the Institute.

XX. Political parties: National and local political parties.

XXI. Precandidate: Citizen who participates in an internal selection process of a political party to be nominated as a candidate for a popular election position.

XXII. Project: Draft Resolution.

XXIII. Complaint or complaint: Act by means of which a natural or moral person makes the knowledge of the Institute or Local Public Bodies, made allegedly violative of federal electoral normativity.

XXIV. Complaining or Complainant: Physical or moral person who subscribes to the complaint or complaint.

XXV. Room Superior: Superior Court of the Electoral Tribunal of the Judiciary of the Federation.

XXVI. Specialised Regional Board: Specialized Regional Chamber of the Electoral Tribunal of the Judicial Branch of the Federation

XXVII. Executive Secretary: Executive Secretariat of the Institute.

XXVIII. Secretary: Executive Secretary as Secretary of the General Council of the Institute.

XXIX. Court: Electoral Tribunal of the Judiciary of the Federation.

XXX. Technical Unit: Technical Unit of the Electoral Management of the Executive Secretariat.

XXXI. Executive Vocals: Executive Vocals of the Institute's Local and District Executive Boards.

XXXII. Vocal Secretaries: Vocals of the Local and District Executive Boards of the Institute.

TITLE SECOND

OF COMMON RULES APPLICABLE TO SANCTIONING PROCEDURES

Chapter I

General provisions

Article 8

Rules applicable to ordinary and special sanctioning procedures

1. The provisions of this Title govern for the processing, substantiation and resolution of sanctioning procedures, with the exception of the particular rules expressly mentioned for each of them.

Chapter II

From time to time count

Article 9

Time-to-Time Computing

1. In the computation of the deadlines you will be the following:

I. If the issue of a procedural act entails compliance within a period of time, the notifications of such acts shall begin to have effect on the same day and shall be computed from the following day.

II. If the issue of a procedural act during the processing of the procedures covered by this Regulation entails compliance within a period of time, the notifications of such procedures shall begin to have effect upon notification.

III. During Federal and Local Electoral Processes for the purposes of the notification of precautionary measures, all days and hours are business.

IV. In the case of complaints or complaints that are initiated before the Federal or Local Electoral Process, the time limits will be computed in business days, as long as those that are presented once initiated, on natural days.

2. For the purposes of this Regulation, working days, working days, which correspond to every day except Saturdays, Sundays, non-working days in terms of law, and those in which the Institute suspends activities shall be understood.

3. During the time that does not correspond to an Electoral Process, it will be business hours that mediate between nine and nineteen hours.

Chapter III

Of the requirements of the complaint or complaint

Article 10

Requirements of the initial complaint or complaint written

1. The initial written complaint or complaint shall comply with the following requirements:

I. Name of the complainant or complainant, with autograph signature or fingerprint;

II. Domicile to hear and receive notifications, and where appropriate, authorised for that purpose;

III. The necessary and appropriate documents to accredit the person;

IV. Express and clear narration of the facts on which basis your complaint or complaint and, if possible, the precepts allegedly violated; and

V. Provide and provide the evidence to which it counts; or, where appropriate, to mention those that need to be required, when the advocate accredits that he/she duly requested them in writing to the competent body, and that they have not been delivered to him.

2. The complainant shall relate the evidence to each of the facts given in its initial complaint or complaint.

3. In the event that the representatives of the political parties do not credit their personage, the complaint or complaint shall be held for failure to be filed. This last requirement shall not be required in the case of representatives to the General Council and to Local or District Councils.

Chapter IV

Of the ratification of the complaint or complaint

Article 11

Ratification of the complaint

1. The authority taking cognizance of the interposition of an oral complaint or complaint by electronic means of communication shall be recorded in the minutes and shall require the complainant to ratify it within three days. counted from the notification, warning that if not done so, it will be held for not presented.

Chapter V

From legitimization

Article 12

Legitimation

1. The procedure for the knowledge of faults and the application of administrative penalties may be initiated at the request of a party, or on its own initiative, when any organ of the Institute has knowledge of the alleged commission of infringing conduct.

2. Any person may file complaints or complaints for alleged violations of electoral standards before the Institute's central or deconcentrated organs. The procedures related to the dissemination of propaganda that slander, will only be able to start at the instance of the affected party.

3. Political parties shall submit complaints or complaints in writing, through their duly accredited representatives. Moral persons shall do so by means of their representatives, in terms of the applicable law, and natural persons on their own right. In both cases, it may be submitted in writing, orally or by electronic means of communication.

Chapter VI

From accumulation and spin

Article 13

From accumulation and spin

1. In order to resolve the complaints and complaints known to the electoral authority in an expeditious manner, and in order to determine in a single resolution in respect of two or more of them, either on its own initiative or at the request of a party, the Technical Unit shall decide on the accumulation of files from the moment of agreeing admission and before closing instruction, as long as there is litigency or connection in the cause.

I. The Technical Unit will address the following:

a) Litipendens, understood as the relationship between a procedure that does not yet resolve the authority competent and another that has just been initiated in which there is identity of subjects, object and pretense.

b) Conformity, understood as the relationship between two or more procedures that come from the same cause and equals facts, even if the subjects are different, so that they are resolved in the same act in order to avoid contradictory resolutions.

2. The division is understood as the procedural figure that takes place when several procedures have been accumulated and their separation is necessary to be processed independently of each other, or when in the same process it is necessary to form another different to decide on the some of the contentious issues that are aired in it, as long as it does not hinder the determination of responsibility in respect of the main issue.

3. The Technical Unit may split a procedure where several persons are followed and there are reasonable and proportionate elements to prevent further substantiation of all the alleged perpetrators. In this case, the case will be resolved with respect to those subjects on whom the procedure is already substantiated and the investigation completed. Resolutions to be delivered shall be subject to the same file.

4. In the ordinary sanctioning proceedings, the division of the procedure may be carried out before the closure of the instruction and in the case of special sanctioning procedures, until the hearing of the evidence and pleadings has been removed. the basis of an agreement in which the reasoned and reasoned reasoning of the division should be set out.

Chapter VII

From receipt of complaint or complaint, record and case integration

Article 14

Receiving and remitting the initial writing to the Technical Unit

1. The complaint or complaint may be made to any organ of the Institute, who will forward it to the Technical Unit within the next forty-eight hours for processing. In the event of ratification, the time limit shall run from the date of the end of the period granted to the effect.

2. The deconcentrated organs which receive a complaint or complaint about any matter, shall send the letter to the Technical Unit within the period specified in the preceding paragraph, carrying out the necessary actions to prevent the concealment, impairment or destruction of evidence, as well as for the addition of additional evidence which they consider may provide elements for the investigation, without such measures involving the anticipated initiation of the investigation.

3. The Executive Vocal who receives the complaint, will review it immediately to determine actions to safeguard and collect evidence of the reported facts, such as:

I. Take immediate action in the places indicated by the complaint to verify the facts reported;

II. Draw up circumstantial minutes at the place or places identified by the complainant;

III. Record, by mechanical, digital or electronic means, images of photographs, audio or video related to the reported facts, which shall be detailed in the minutes indicated in the preceding section;

IV. If necessary, investigate with the residents, local residents, local authorities or local authorities, if the reported events occurred and/or if the reported propaganda was found in the places referred to in the complaint or complaint, and if the answer, gather information consistent in the circumstances of mode, time and place in which those were developed or the propaganda was fixed, pasted or hung, and the time during which it was found in that place, having to be related information in the minutes indicated in section II of this paragraph.

4. In the case of special sanctioning procedures, the body of the Institute which receives or promotes the complaint shall immediately forward it to the Technical Unit for examination together with the evidence provided.

Article 15

From the unofficial start and participation of other subjects

1. Given the admission agreement, and if arising from the substantiation of the preliminary investigation, the Technical Unit warns the participation of other subjects in the events reported, it will have to place them and to substantiate the procedure with respect to all the likely offenders, being able to apply to the Technical Unit as set out in Article 13 of this Regulation.

2. If the Technical Unit warns facts other than the object of this procedure, which may constitute different violations or the responsibility of various actors to the complaints, it shall initiate a new investigation procedure, or be the Case, order the views of the competent authority.

Article 16

Record and track records

1. Received the complaint or the view, the Technical Unit:

I. It shall assign the relevant file number, based on the following nomenclature:

a) Receiving Authority: Technical Unit of the Secretariat: UT/SCG;

b) Complaint or denunciation: letter Q (Complaint), and then the identification of the complaint: if they are political parties will be noted their initials, as if they are moral persons; if they are citizens, the initials of their name or names and both surnames shall be entered;

c) Place of filing of complaint or complaint: if it is in the central offices of the Institute, the letters CG will be noted (General Council); if it is in deconcentrated organs the initials of Local Board shall be noted: JL or District Board: JD, in this case followed by the number corresponding to the District Board, and then the abbreviation of the respective entity;

d) Three-digit consecutive composite;

e) Year of filing the complaint or complaint in four digits.

2. In the case of files which are formed on the occasion of a special sanctioning procedure, the number shall be assigned in the same way, but instead of the letter Q (Complaint), the letters PE (Special Procedure) shall be written.

3. The initiating sanctioning procedures, irrespective of the electoral authority which has led to the initiation of the procedure, shall be recorded as follows:

I. Receiving organ: Technical Unit/General Council Secretariat: UT/SCG/;

II. Complaint or complaint: letter Q (Complaint), and then letters CG (General Council)/;

III. Three-digit composite consecutive number;

IV. Year of filing of complaint or complaint in four digits.

4. In the case of files which are formed on the basis of the procedures for the adoption of precautionary measures, in the case of radio and television advertising, in matters of exclusive competence of the Local Public Bodies, the number shall be assign the annotated form, but instead of scoring the letters Q (Complaint), the letters CAMC (Auxiliary Notebook of Precautionary Measures) will be written.

5. In the case of files which are formed on the basis of legally regulated applications or actions which are legally regulated, the number shall be allocated in the annotated form, but instead of the letter Q (Complaint) the letters CA (Notebook) shall be written background).

6. Record the file in the Government Book, noting the following data: number assigned to it, name of the complaint, denounced, act contested, date of filing. On your opportunity, date of resolution and sense of the same.

7. For the monitoring of the files that are processed at the central level as well as unconcentrated, a Comprehensive System of Complaints and Complaints will be provided that contains the electronic version of the physical file.

8. For the purpose of having an electronic file of the special sanctioning procedure, the Technical Unit and the deconcentrated organs shall make use of the Integral System of Complaints and Complaints for a proper communication with the Regional Chamber Specialized.

Chapter VIII

From the investigation

Article 17

Principles governing the investigation of the facts.

1. The Technical Unit shall carry out the investigation of the facts reported, with attachment to the following principles: legality, professionalism, congruence, completeness, concentration of actions, suitability, effectiveness, expediency, minimum intervention and proportionality.

2. If the Technical Unit notices the commission of another infringement on the basis of the investigation, it shall initiate the relevant procedure, or shall order the hearing from the competent authority.

3. The steps taken by the Technical Unit to attest to acts of an electoral nature shall not preclude the conduct of the proceedings in the case of sanctioning proceedings.

4. In the case of agreements relating to the establishment or admission of the complaint, the immediate certification of documents or other means of evidence which are required shall be determined, and the necessary investigations must be determined, without prejudice to the Subsequent steps based on the results obtained from the first investigations.

Article 18

Measures to avoid making it difficult to clarify facts

1. The Technical Unit, in the development of the function of giving public faith in acts of an electoral nature, shall take the necessary measures to prevent them from being altered, destroyed or lost in the traces or vestiges that prove the existence of the facts. reported.

2. The investigation of the procedures shall be carried out in accordance with the protocol to be established by the Commission for that purpose.

Article 19

Support of central and deconcentrated organs in case integration

1. The Technical Unit shall be consistent with the elements of conviction which it considers relevant for the integration of the relevant file. For this purpose, it shall request the bodies of the Institute to carry out the investigations or to obtain the necessary evidence.

Article 20

Support of authorities and citizens, affiliates or leaders of a political party

1. The Technical Unit may request any authority, reports, certifications or support necessary for the conduct of the proceedings that they assist in the investigation.

2. Political parties, candidates, groupings, political organizations, citizens, affiliates, militants, leaders, as well as physical and moral persons are also required to submit information required by the Unit. Technique.

3. The requirements may be decreed twice, with the first warning that, in the event of non-compliance, creditors will be made to a measure of the award, without prejudice to the possibility of an official proceeding.

Article 21

Authorities in charge of performing diligence

1. In the field of their privileges, the proceedings may be carried out by:

I. The competent officials of the Technical Unit;

II. The executive vowels of the unconcentrated organs, who may instruct any of the members of the respective board to carry them out. In this case, the responsibility of the investigation will always fall on the Executive Vocal.

Chapter IX

Of the tests

Article 22

Of the test media

1. They shall be considered as probative means, the following:

I. Public documentaries, these being the following:

a) the original documents and certificates issued by the electoral bodies or officials in the exercise of their functions, within the scope of their competence;

(b) Documents issued by the authorities within the scope of their powers, and

c) Documents issued by those who are vested with public faith in terms of law.

II. Private documentaries, which are understood by all other documents which do not meet the requirements set out in the preceding paragraph;

III. Techniques, such as photographs, audio and video reproduction means, as well as all those elements contributed by the discoveries of science that can be drowned without the need of experts or instruments, accessories, equipment or machinery which is not within the scope of the relevant boards or councils or is not provided by the offeror. In any event, the complainant or complainant shall in particular point out what it intends to prove by identifying the persons, places and circumstances of the mode and time of the test;

IV. Expert, considered as the opinion that contains the judgment, assessment or opinion of persons with a specialized preparation in some science, technique or art;

V. The recognition or judicial inspection, understood as the direct examination by those who exercise the function of giving public faith of acts of an electoral nature for the verification of the reported facts, with the purpose of making their existence on record, as well as the persons, things or places to be examined;

VI. Presumptions, which shall be understood as the deductive or inductive reasoning by which a known fact determines the existence of another unknown and may be:

(a) Legals: those expressly laid down by law, or

b) Humanities: those performed by the operator from the rules of the logic.

VII. The instrument of performances, consisting of the means of conviction that is obtained by analyzing the set of the constances that work in the file.

VIII. The confessional.

IX. The testimonial.

Article 23

Of the offering, the admission and the proof of evidence

1. The evidence must be provided in the first letter submitted by the parties to the proceedings, stating clearly what the facts or facts are intended to prove, and the reasons for which it is estimated that the vertid statements.

2. In the case of the special sanctioning procedure, only documentary and technical evidence shall be permitted.

3. The confessional and the testimonial shall be admissible only if they are offered in the minutes raised before the public purse which has received them directly from the declarants, provided that the latter are duly identified and are not reason for your saying.

4. The technique shall be de-drowned as long as the offeror provides the means for that effect or the authority has them.

5. The authority which substantiates the ordinary or special procedure may order the conduct of recognition or judicial inspections as well as expert evidence where the infringement claimed, the time limits allow for its failure and are deemed to be determining factors for the clarification of the facts reported, taking into account the principles of expeditious and due process. The deahogist of the awards or judicial inspections shall take the following:

I. The party representatives may attend the judicial recognition or inspection, provided that there is a clear and motivated request for what they intend to prove. To this end, the authority which will conduct the procedure shall, by its own motion, communicate to the party representatives the conduct of such inspection in an immediate manner.

II. The judicial recognition or inspection shall be prepared in accordance with the facts which generated the complaint lodged, circumstances of time, manner and place, and observations made by those who attended, and must be identified and signed. the minutes. When necessary, drawings shall be made or photographic views of the site or object inspected shall be taken.

III. In the act of diligence carried out by the staff of the Institute, the essential elements that lead to the conviction that the facts that were instructed to verify, in addition to settling the facts, must be settled in detail. Circumstances of mode, time and place of action shall be detailed:

a) The means by which it was made sure that it was actually constituted in the places indicated;

(b) The distinguishing features or features of the places where the action was taken;

c) The elements that were observed in relation to the facts that were the subject of the inspection;

d) The means in which the information was recorded;

e) The names of the persons with whom, in their case, interviewed and the information they provided of the facts of inspection or recognition, and

6. For the purposes of the expert test, the following rules must be followed:

I. Designate an expert, who must have the constances that demonstrate his or her technical or specialized knowledge;

II. Formulate the questionnaire to which the expert will be submitted, composed of specific and specific questions that he considers relevant;

III. To give a view to the questionnaire both to the complainant and to the complainant, so that for a single occasion, they add the questions they consider necessary to the questionnaire;

IV. After the above, after qualification of the authority that disapproves the procedure, it will integrate the questions asked by the parties to the questionnaire that will be submitted to the expert.

V. Submit the questionnaire to the designated expert.

VI. Once the questionnaire has been answered, give a view of the questionnaire to the complainants and the complainants, so that they can express what is at their right.

7. In addition to the requirements set out in paragraph 1 of this Article, where the expert test is agreed, the following requirements shall be met:

I. Note the full name, address and telephone of the expert who proposes and accredit that he has a professional title that accredits his technical ability to de-drown the pericial, and

II. Agree to accept the position of the expert and to protest against his/her legal performance.

Article 24

From the objection

1. The parties may object to the evidence offered during the substantiation of the ordinary and special sanctioning administrative proceedings, provided that it is carried out before the hearing of the court.

2. For the purposes of the foregoing paragraph, the parties may object to the authenticity of the test or to its scope and probative value, indicating the aspect which is not recognised by the test or because it cannot be assessed. positively by the authority, that is, the reason why in his judgment it is not ideal to resolve a point of fact.

3. In order to distort the existence or likelihood of the evidence offered, the mere formal objection of such evidence is not sufficient, but it is necessary to state the specific reasons for the objection and to provide suitable elements for accredit them, which will tend to invalidate the probative force of the contested test.

Article 25

From the supervenlient tests

1. The parties may provide evidence to the extent before the instruction is closed.

2. Evidence is understood to be the means of conviction offered after the legal period in which they are to be provided, but which the offeror could not contribute to the lack of knowledge, because there were obstacles that were not within his or her scope to overcome or because generated after the legal period in which they were to be provided.

3. If a supervenient test is accepted, the complaint or complaint shall be given, as appropriate, so that within five days it shall express what is at its right.

Article 26

Facts object

1. The contested facts are the subject of proof. It will not be the right, the notorious or impossible facts, nor those that have been recognized. Both the Technical Unit, the Commission and the General Council may invoke the facts of the case even if they have not been alleged by the defendant or by the complaint. In any event, once the complaint has been made to the investigation procedure, the contradictory principle of the test will be respected in the proof of the evidence, provided that this does not mean the possibility of delaying the process, or the risk that the evidentiary material is hidden or destroyed.

2. Neither the test in general, nor the test media established by law are renountable.

Article 27

Valuation

1. The tests admitted and drowned will be valued as a whole, taking into account the rules of the logic, the healthy criticism and the maxims of the experience, as well as the guiding principles of the electoral function, with the aim of producing conviction on the facts reported.

2. Public documentaries shall have full probative value, unless proof to the contrary of their authenticity or the veracity of the facts to which they relate.

3. Private documentary, technical, expert, instrument of action, recognition, judicial inspections and those in which a fedatary records the statements of a duly identified person, will only test full to resolve when they generate conviction on the veracity of the alleged facts, by concatenating themselves with the other elements that work in the file, the statements of the parties, the known truth and the right reasoning of the relationship that save each other.

4. In the event of material impossibility to be able to make the simple copies in the file, they will have an index value.

5. The indicia shall be assessed in an administered manner. If they are directed in the same way, without any proof or indication to the contrary, it will be stated and will be expressed in the corresponding resolution.

6. In no case shall the intent or bad faith of any of the parties be valued for their benefit.

Chapter X

Of notifications

Article 28

General Rules

1. Notifications shall be made no later than three working days following the date on which the agreements or resolutions giving rise to them are given, and shall take effect on the day they are carried out.

2. Notifications which are made in different terms to those provided for in the General Law and this Regulation shall be null and void unless the person concerned is aware of the respective act or decision, for which it shall be notified from the date of the date on which you became aware of it.

3. Notifications may be made on a personal basis, by way of identification, by trade or by e-mail through the system which the Institute has for such purposes.

4. Notifications will be made in business days and hours. During Local or Federal Election Processes, every day and hours are business. To this end, the Council shall issue an agreement to make the knowledge of the subjects regulated by the General Law, the dates of the initiation and conclusion of such common processes.

5. The relevant reason shall be lifted from any notification, which shall be written to the relevant file.

6. Regardless of the fact that notifications are made in writing, in urgent cases, they may be communicated via e-mail, fax or telegram.

7. Agreements which involve the adoption of precautionary measures shall be notified by the most expeditious route. The Secretary, through the Technical Unit, may order his/her referral by fax or e-mail to the disconcentrated organs so that, by means of trade signed by the relevant executive voice, the notification is carried out on the terms ordered in the respective agreement.

8. Where the interim relief agreement directs a party to replace a radio or television material, it may be notified by electronic means in accordance with the provisions of the Radio and Television Regulations of this Institute, as well as in the Respective guidelines.

9. For the purposes of Article 468 of the General Law and the respective regulations, officials who have delegated powers of public faith for acts of an electoral nature may practice the notifications to be instructed to them.

Article 29

Personal Notifications

1. The notifications shall be personal when determined, but in any event the following shall be the case: the first notification to be made to one of the parties, the related views for pleadings and the inclusion of new evidence; Resolution notifications to end the procedure.

2. The practice of these notifications will be subject to the following procedure:

I. Diligence shall be understood directly with the person concerned, or with whom he appoints. They shall be carried out at the address of the person concerned, as indicated by the parties to hear and receive notifications, or at the place where he works.

II. The notifier shall, by any means, ensure that the person to be notified has its registered office in the designated building and shall, after that, practice the due diligence by giving authorized copy of the act or resolution corresponding to the interested or who you have authorized. In cars it will settle all the above.

III. If the person concerned or the authorized persons are not at the address, they shall be left with any of the persons who are there, which shall contain:

a) Denomination of the body that dictated the act or resolution that is intended to be notified.

b) Data in the file in which it was issued.

c) Extract of the resolution being reported.

d) Day and time when the summons was left and the name of the person who received it, their official identification data, as well as their relationship with the data subject or, where appropriate, note that he refused to provide such information.

e) The pointing of the time at which, on the next business day, the notification should be expected.

IV. The notifier shall be constituted on the day and time set out in the summons and if the person concerned, or the authorised persons are not found, the notification shall be understood to mean any person of age who is at home, (a) the name of the person with whom the notification and delivery of the document being notified is included, indicating their relationship with the person concerned or, where appropriate, that he has refused to give the document in question. provide it.

V. If the person who is sought refuses to receive the notification, or the persons who are in the domicile refuse to receive the summons, or no one is found at the place, at the door of the address of the address will be fixed original of the cedula and copy of the document to be notified. In cars it will settle all the above.

VI. Where the persons who are promoting or appearing to point out an address which is not true or otherwise do not exist, the notification shall be carried out by stratum. In cars it will settle all the above.

3. Personal notification cards shall contain:

I. The description of the act or resolution being notified;

II. Place, time, and date in which it is practiced;

III. Name of the person with whom the diligence is understood, indicating their relationship with the person concerned or, where appropriate, that he refused to provide it;

IV. If applicable, the reason that is in law, and

V. Name and signature of the notifier, as well as the signature of who receives the notification.

4. In all cases, when making a personal notification, the respective cedula and the acknowledgement of the notification shall be integrated into the file, settling the reason for the diligence.

5. Personal notifications may be made by the person concerned, his representative or his authorised representative to the body concerned. In such cases, the reason for the appearance must be given in cars and a simple copy of the official identification with which the comparator has been identified must be added or treated as legal representatives or proxies. a copy of the legal instrument with which the personality is credited.

6. Where the agreement or resolution provides for a summons or a time limit for the practice of a due diligence, it shall be notified personally, at least three working days in advance of the day and time when the performance or hearing is to be held, except express legal provision to the contrary.

7. The notification of decisions ending the investigation procedure shall be personal and shall be made no later than three working days following the date on which the relevant information is given or, where appropriate, the relevant engrose is formulated, giving the complainant and the reported authorised copy of the decision.

8. In no case shall personal notifications be made by electronic means.

Article 30

Notifications by Strates

1. The notification shall be made in the case of the Institute or the body issuing the decision or agreement. The cells must contain at least the requirements laid down in paragraph 3 of the previous article, and those required for their effectiveness.

Article 31

Notifications by trade

1. Notifications addressed to a party authority or body shall be made on its own initiative.

Article 32

Automatic notification

1. If the complaint or the complaint is a political party or one of the members of the Council, the notification shall be understood at the time of its approval by the Council, provided that the representative or member is in the session, unless the greasing of the file has been agreed, in which case the notification shall be made on its own initiative within a period not longer than two working days computed from the formulation of the greose.

Article 33

Electronic Notifications

1. If the parties to the investigation procedure under this Regulation, by writing to the Technical Unit, express their wish to have the notifications made electronically, they shall be subject to the Respective guidelines.

Article 34

From overseas notifications and diligence

1. If it is deemed necessary, the Secretary shall, at the request of the Technical Unit, propose to the President of the Council the practice of notifications and proceedings abroad, who shall determine the conduct.

CHAPTER XI

Of the aaward media

Article 35

Aprize media

1. By means of aaward means the set of measures through which the organs of the Institute that substantiates the procedure, can use to enforce their determinations, pointing out the following:

I. Warning;

II. Warning;

III. Fine ranging from fifty to five thousand days of general daily minimum wage in force in the Federal District. It shall be charged in accordance with the provisions of paragraph 7 of Article 458 of the General Law.

IV. Help of the public force; and

V. Arrest for up to 36 hours, with the support of the competent authority.

2. The warning may be declared in any of the agreements which the Technical Unit or the official of the disconcentrated organ concerned dictates during the procedure, either on its own initiative or at the request of the President of the collegiate body whose determination has been breached. In the latter case, both the Technical Unit and the official of the unconcentrated organ or any member of the decision-making body, whether the Commission, the unconcentrated bodies themselves or the Council, may request the imposition of any of the the measures set out or those that are deemed relevant.

3. If the application of any of the means of award referred to in paragraphs IV and V of paragraph 1 of this Article is appropriate, it shall be addressed to the competent authorities in order to apply it.

4. The means of award may be applied to the parties, their representatives, and, in general, to any person, for the purpose of enforcing the determinations of the substantiating or resolver organs, acting in a collegial manner or unit.

5. If the conduct assumed could constitute a crime, the Registrar, through whom he determines, shall use the corresponding act, which shall be made of the knowledge of the competent authority, in order to proceed in accordance with the law. The above, without prejudice to the decision-making body's power to order the relevant views when resolving complaints or complaints submitted.

6. For the purpose of the Institute's bodies, as well as the authorities and public notaries, the means of award shall be applied without prejudice to any liability that may arise.

CHAPTER XII

Of the reports that the Secretary is reporting

Article 36

From reports to the Council

1. In each ordinary session of the Council, the Secretary shall report on all complaints or complaints filed with the Technical Unit, and those initiated on its own initiative. This report shall include:

I. The subject matter of complaints or complaints and, where appropriate, the type of procedure that was initiated.

II. The body of the Institute in which they were dealt with (at central or unconcentrated level) and, where appropriate, if they were referred to the Specialised Regional Chamber.

III. The reference to whether the complaint or complaint was admitted to proceedings or whether a disposal or withdrawal agreement has been granted to it.

IV. A synthesis of the procedures performed during their substantiation.

V. Their resolution and, where appropriate, the resources presented against them; the indication of whether these have already been resolved and the sense of the corresponding execution.

2. At the same intervals, the Registrar shall give a report of all requests for precautionary measures, including:

I. The subject of the application for the adoption of precautionary measures, specifying the subject who requested it, be a citizen, a precandidate, candidate, independent candidate, political party, organ of the Institute, some of the electoral authorities local level, among others.

II. The type of procedure in which the complaint or complaint was dealt with in which the adoption of precautionary measures was requested.

III. The mention of the decision which, if any, takes the Technical Unit on the turn of the application.

IV. The indication of whether the precautionary measures were granted or not.

V. In the event that the precautionary measures have been granted, compliance with these measures.

VI. Where appropriate, the resources presented against them; the indication of whether these were resolved and the sense of the corresponding execution.

3. For the purposes of the foregoing, the executive members shall immediately communicate to the Registrar about the receipt, processing and resolution of complaints or complaints, or resources presented in their respective areas of competence, through the system electronic or institutional digital to be determined for this purpose. The report shall comply with the requirements set out in the preceding paragraphs, in addition to the responses, communications and requests that have not been addressed.

4. The Secretariat, for the presentation of the report referred to in paragraph 1 of this article, will be supported by the Integral System of Complaints and Complaints by the Technical Unit, which may be consulted by all the members of the Council. General in its public version.

Article 37

From reports that are being submitted to the Commission

1. At each regular session of the Commission, the Registrar shall report on all complaints or complaints filed with the Technical Unit and those initiated on its own initiative, which have been processed, and shall contain:

I. Date of filing of complaints or complaints.

II. The subject matter of the same and, where appropriate, the type of procedure it corresponded to.

III. Reference to whether the complaint or complaint was admitted to the proceedings or whether a disposal or withdrawal agreement was granted to it.

IV. Summary of the procedures performed during their substantiation.

V. Their resolution and, where appropriate, the resources presented against them, the indication of whether these have already been resolved and the sense of the corresponding execution.

VI. Cases in which the case had been referred to the Specialized Regional Chamber, specifying the dates on which such a referral was notified, as well as those cases in which they were returned by the Regional Chamber and the procedure which was given to them.

2. At the same time, the Secretary shall report on the compliance with the precautionary measures granted, and where appropriate, on the actions taken in the event of non-compliance with them.

THIRD TITLE

OF PRECAUTIONARY MEASURES

Article 38

Source rules.

1. Precautionary measures can only be dictated by:

I. The General Council and the Commission, at the request of a party or in an informal manner, on a proposal from the Technical Unit, and

II. Bodies which are not concentrated in their respective fields of competence, at the request of a party or in an informal manner, on a proposal from the respective Vocal.

2. To this end, such organs may be sessioning on any day, even outside the Federal or local Electoral Process.

3. Precautionary measures should be adopted at all times, in order to ensure that the acts or acts constituting the alleged infringement are stopped, to avoid the production of irreparable damage, to the effect of the principles governing the electoral processes, or to put at risk the violation of legal goods protected by the constitutional, legal provisions and those contained in the Regulation.

4. The application for the adoption of precautionary measures shall comply with the following requirements:

I. Submit in writing to the Technical Unit and be related to a complaint or complaint.

II. Specify the act or event constituting the alleged infringement and of which it is intended to cease;

III. Identify the damage whose irretrievability is intended to be avoided;

5. In the event that the request is made for purposes related to radio and television, the Technical Unit will require the Directorate of Prerogatives and Political Parties to monitor the existence of the material reported and, immediately, I informed you about your outcome. If the material has not been established by the Institute, the dealers must report on their existence.

6. When applications are submitted to the deconcentrated organs and the subject matter of the petition be seen on the alleged placement of fixed propaganda through pints of bardas, spectacular as well as any other different to radio and television the relevant unconcentrated organ shall determine the conduct of the conduct on the request for merit, or in accordance with the provisions of Article 250 (3) of the General Law.

7. Where such a request is received by the unconcentrated organs, and the same is the competence of the central organs, being the comisor radio or television, it shall be sent immediately and by the most expeditious means to the Technical Unit.

Article 39

From the notorious improvenance

1. The request to take precautionary measures shall be notoriously inappropriate, where:

I. The application is not made in accordance with paragraph 4 of the previous article.

II. The preliminary investigation carried out does not lead to any elements which may be inferred from even the probable commission of the alleged facts and infringements which make it necessary to adopt a precautionary measure.

III. From the analysis of the facts or the preliminary investigation, it is observed that these are consummate, irreparable or future acts of uncertainty, and

IV. Where there is already a statement from the Commission regarding the propaganda of the application.

2. In the cases of notorious origin provided for in the preceding sections I and IV, the Technical Unit may, by making a preliminary assessment, discard the application without further processing, which shall notify the Presidency of the Commission, and the applicant on a personal basis.

Article 40

Of the procedure

1. If the request to take precautionary measures does not update a cause of notorious origin, the Technical Unit, once in its case has carried out the necessary measures and after having admitted the complaint or complaint, will transmit it immediately with the requested constances and a draft agreement to the Commission for it to be resolved within 24 hours.

2. The Agreement ordering the adoption of precautionary measures shall contain reasoned and reasoned considerations concerning:

I. The prevention of irreparable damage in electoral contests.

II. The cessation of any act or event that may result in a violation or affectation to the guiding principles or legal assets tutored in electoral matters.

3. The agreement to determine the adoption of precautionary measures shall establish the immediate suspension of the facts of the matter, granting in its case a period not greater than 48 hours, taking into account the nature of the act for the subjects to be obliged to extend.

4. For materials that are spread over radio or television, in any case shall be ordered to suspend the transmission within a period not exceeding 24 hours, from the formal notification of the relevant agreement.

5. The agreement to declare that a precautionary measure is to be adopted shall be notified to the parties, in terms of the provisions of the General Law and the Regulation.

6. If, on the occasion of the dictation of precautionary measures, the replacement of materials is ordered, electronic means shall be notified in the electronic mail account that is authorized for official use by the relevant political party to indicate the material. in terms of the Electoral Radio and Television Regulations.

Article 41

The default

1. Where the Technical Unit is aware of the likely non-compliance with a precautionary measure ordered by the Commission, it shall initiate a new procedure for the investigation of these facts, or may consider them to be within the same Or, it may impose the means of aaward which it considers sufficient to achieve the orderly measure.

2. For such purposes, the organs and areas of the Institute shall follow up the orderly precautionary measures, and shall inform the Secretary and the President of the Commission of any non-compliance.

Article 42

Of the precautionary measures dealt with by the unconcentrated organs

1. The unconcentrated organs shall provide the relevant precautionary measures, in order to comply with the procedure and time limits laid down in this Chapter.

2. Within the Federal Electoral Processes, the President of the Local or District Council who receives it, with support from the Secretary, will formulate the project and propose it to the Council that he presides.

Article 43

Of the precautionary measures, in the case of radio and television propaganda, in matters of exclusive competence of the Local Public Bodies

1. In the case of electoral processes of the federative entities, in which the local electoral authority has initiated the sanctioning procedure for violations of a local electoral norm, if it warns the need to adopt a precautionary measure in radio or television, shall forward its application to the Technical Unit of the Institute.

2. If the complaint or complaint and/or request for precautionary measures is submitted directly to the Institute, the Technical Unit shall immediately forward it to the appropriate local electoral body for the purposes of the preceding paragraph.

3. Once the formal request has been received by the local electoral authority, the Technical Unit will open a ring, and once, if necessary, the measures it deems necessary, it shall immediately forward it to the Commission, with a draft Agreement, in order for it to be within a period of no more than 24 hours, to rule exclusively on the adoption or not of the requested precautionary measure.

4. The application for precautionary measures shall contain the following requirements:

I. Identification of the promote;

II. Arguments that demonstrate their legal interest;

III. Address to hear and receive notifications, and where appropriate, an email and fax number;

IV. Express and clear narration of the facts on which it bases its application, demonstrating the possible affectation to the values and principles that govern the electoral matter; and

V. Where appropriate, evidence proving the reason for such evidence.

5. The request of the local electoral authority shall contain an assessment of the contents of the materials reported in the light of the local legislation allegedly violated, in terms of paragraph 2 of Article 40 of this Regulation. Assessment that will not be binding.

6. Once the Commission has approved an Agreement with regard to the adoption or not of the requested precautionary measures, it shall immediately forward it to the Technical Unit, who shall notify the parties, as well as the local and other electoral authorities. competent authorities, without prejudice to the knowledge of the parties through the most expeditious means.

7. In this way, the Secretary will integrate all the actions to the respective ring, which he will send in original to the local electoral authority, prior to the formation of a certified copy for the archive.

8. At the Institute, it will be able to conclude collaboration agreements with the Local Public Bodies, to guarantee the expeditious attention of the requests for precautionary measures, and that the local electoral authorities have sufficient elements to determine their adoption.

Article 44

From the emerging integration of the Commission for the dictation of precautionary measures.

1. In the event that there are no electoral members for work, disease, recesses or any other cause of force majeure or fortuitous cases that motivate the same, and it is not possible to form the complete integration of the Commission for the purpose of sessioning on matters related to the application for precautionary measures, the following provisions shall be taken:

(a) The Electoral Advisor who is present will locate the absentee electoral members with the support of the Secretary; he shall inform them of the need to hold a session for the purpose of determining precautionary measures and shall convene them in the same act. In the same way, the call and, where appropriate, the location trades to be drawn, shall be attached as an annex in the minute to be drawn up for the development of the session.

(b) Where the location or communication with the absentee or any of the electoral members is not possible Member of the Commission who is present, shall report the conduct of the proceedings and shall call on one or two members who are not members of the Commission to take part for a single occasion with a voice and vote at that meeting. These members will emerge from a list previously approved by the Council for these purposes and will be called upon to participate in the session according to the order in which they appear on the list. The quorum of that session shall be taken with the members present.

c) The Commission Member of the Electoral Board, who is present, shall, in minutes, take the facts reported in the previous points. The list of alternate members will be renewed every three years, or when the renewal of Directors is verified; for the latter case, the list will be approved in the following session to which the new members have taken protest of the position.

d) If the President's Adviser is absent, he shall appoint the Member of the Commission who is a member of the will be responsible for chairing the session in question, with the responsibilities that correspond to the terms of the call, such as the conduct of the session, the vote, the signing of agreements and the referral of the files to whom it is appropriate. for the precautionary measures taken as well as the file and transparency.

2. In the case of completeness and technical certainty, assistance of a virtual or remote nature may be explored, through information and communication technologies so as to remotely or remotely, without the presence of the in-person element at the site, of any of the electoral members of the Commission allow the simultaneous transmission of their voice and image, in accordance with the following:

(a) Virtual or remote assistance may only be carried out when the actions provided for in the Previous paragraph, it is necessary for the Commission to issue precautionary measures and there is no quorum for sessioning.

b) For remote assistance instrumentation, the following will be attended:

I. The assistance may be carried out in a virtual manner, through a video conference scheme or other similar IT or telematics tools that allow the analysis, discussion and discussion of the approved agenda items in real time. by the Commission.

II. Virtual or remote assistance shall ensure the principles of concurrency and deliberation of Commission matters.

III. The virtual attendance register shall be verified by electronic signature of the electoral members of the Commission.

IV. The sessions of the commissions to which the virtual attendance occurs will be videotaped for the behavioral procedural effects.

V. The call for those for extraordinary circumstances will be able to form a virtual one, it will have to indicate date and time, it must accompany the draft agenda and will be transmitted via e-mail with the information support of the subject that is The Commission shall ensure that the information referred to in this Article is available on a micro-site or internal network of the Institute, and shall be provided with an acknowledgement of the receipt of the Electoral Adviser which is convened by the Institute. via.

3. In any case, the Electoral Adviser who is going to be absent, must inform the President in advance of the driving effects. If the person who is absent is the latter, the trade must be addressed to the Technical Secretariat.

TITLE FOURTH

THE ORDINARY SANCTIONING PROCEDURE

CHAPTER I

Special Provisions

Article 45

From matter and provenance

1. The procedure for the knowledge of faults and the application of administrative penalties may be initiated at the request of a party or of an office, where any organ of the Institute has knowledge of the commission of infringing conduct which is not a matter of the special sanctioning procedure.

Article 46

Displacement, impropriety, and dismissal in the ordinary sanctioning procedure

1. The complaint or complaint will be discarded outright, when:

I. The complaint is a political party or group that, prior to the admission of the complaint or complaint, has lost its registration, in respect of these. Regardless of the above, the Technical Unit shall investigate the facts, and if the likely liability of a different subject is established, the appropriate procedure shall be initiated.

II. The defendant is not within the subjects provided for in Article 442 of the General Law.

III. It is frivolous, in accordance with the provisions of Articles 440, paragraph 1 (e) of the General Law.

2. The complaint or complaint shall be inadmissible when:

I. Be concerned about alleged violations of the internal normativity of a political party, and the complainant or complainant does not credit its membership of the party concerned or its legal interest.

II. The complainant or complainant does not advance the internal instances of the reported party if the complaint or complaint relates to alleged violations of its internal regulations.

III. By acts or acts imputed to the same person, which have been the subject of another complaint or complaint, the resolution of which is final.

IV. The Institute lacks the competence to know them, or when the acts, acts or omissions denounced do not constitute violations of the electoral rules. In this case, the competent authority shall be given the view.

V. You have prescribed the faculty of the Institute to finance responsibilities.

VI. The impossibility of determining the subject to whom to attribute the reported conduct, or the latter has passed away.

3. The complaint or complaint shall be dismissed when:

I. If the complaint or complaint has been admitted, some origin of the origin may be caused.

II. The denounced is a political party or a National Political Grouping that, after the admission of the complaint or denunciation, has lost its registration;

III. The complainant is written of withdrawal, provided that he is on display before the approval of the project and that, in the opinion of the Technical Unit, or the progress of the investigation, it is not the case of the imputation of serious facts, nor the guiding principles of the electoral function; and

IV. The death of the subject to whom the reported conduct is attributed.

Article 47

Prescription to finance responsibilities

1. The authority of the electoral authority to finance responsibilities for administrative infractions prescribes in three years.

I. The term of the prescription shall start from the date on which the alleged acts of the federal regulation have occurred, on the basis of which they are known, or, in the case of acts continued from when their commission ceases.

II. The filing of a complaint or complaint or the official start of a sanctioning procedure by this authority interrupts the computation of the prescription.

Article 48

Preventions

1. In view of the failure to comply with the requirements referred to in Article 10 (1), (III), (IV) and (V) of this Regulation, the Technical Unit shall prevent the complainant from subsane or clarifying it within the three-day time limit. In the event of failure to do so, the complaint or complaint shall not be filed.

2. The above paragraph is applicable in the case where there is still a response to the prevention, the same is insufficient or is to be seen on issues other than the information requested.

3. In the case where the address is omitted to receive notifications, they will be made by Estriados.

4. In the case of frivolous complaints or complaints, prevention will not proceed.

Article 49

Research Term

1. If the analysis of the constances provided by the complainant shows the lack of evidence necessary to admit the procedure, the Technical Unit will provide the appropriate measures to carry out the preliminary investigation, justify their need and opportunity. In this case, the time limit for admission shall be computed from the fact that the authority has the necessary elements to decide on admission.

2. The Technical Unit may, for one time, extend the period of investigation for up to a further period of 40 days, provided that the difficulties involved in the investigation so require. In the respective agreement, the reasons accompanying such determination shall be expressed.

Article 50

Allegates

1. The Technical Unit shall put the file in the light of the complaint and of the complaint so that, within five days, it shall state what is appropriate to the evidence and, where appropriate, the investigation shall be exhausted.

CHAPTER II

Of the resolution

Article 51

Draft Resolution

1. After the period of the pleadings, the Technical Unit will formulate the corresponding Draft Resolution, in a term no longer than ten days after the last hearing. Such time limit may be doubled provided that the Unit justifies it in the relevant agreement.

2. Within five days of its preparation, the Technical Unit shall forward the draft Resolution to the Presidency of the Commission.

Article 52

Resolution session

1. No later than the day after its receipt, the Presidency of the Commission shall convene a session of analysis, discussion and, where appropriate, the approval of the draft resolution, which shall take place within 15 working days.

Article 53

Commission assessment: project approval or return of the project.

1. The Commission shall deliver the draft resolution in accordance with the following:

I. If the preliminary draft is adopted, it shall be taken as a draft to the Presidency of the General Council, who shall convene, send copies of it to the members of the General Council at least three days before it is held;

II. If the preliminary draft is rejected, the Technical Unit shall draw up the corresponding greasing in accordance with the arguments put forward in the session. If the rejection is due to deficiencies in the investigation, the matter will be returned to the Technical Unit to carry out the relevant measures, and once exhausted, it will have to present the new preliminary draft within the fifteen days after this occurs.

III. The preliminary draft shall be adopted by unanimity or majority of votes.

Article 54

Special provisions on General Council resolutions.

1. If the project is rejected by the Council, it shall return it to the Technical Unit in order to strengthen it in accordance with the reasoning set out in the session. If further action is required, the Technical Unit shall proceed in accordance with the provisions of paragraph 1 of paragraph 1 of the previous Article, with the exception that, in this case, the draft shall be submitted directly to the Council. General for discussion and approval.

2. The proceedings referred to in the preceding paragraph shall be in accordance with the principles of reasonableness, effectiveness and proportionality, and must be carried out within a reasonable period of time, within the validity of the authority sanctioning the authority.

3. If the complaint is unfounded, the suspension of the precautionary measures that have been adopted shall be ordered.

Article 55

Content of the Resolution Project

1. The Resolution Project must contain:

I. Header: It will include the caption "GENERAL COUNCIL" and below it, the case number.

II. Proemium, including, separately:

a) Integrated title with the following parts:

i. Indication that this is a judgment given by the body concerned.

ii. Data for the identification of the file, complainant and reported. If it is initiated by a view or ex officio, so indicate it.

iii. Place and date.

III. Results: A concrete, clear and detailed narrative of:

(a) The background to the case, narrated in chronological order, taking into account the principle of relevance of the information, and

b) the actions taken in the proceedings, including the date on which the complaint was lodged, the facts (i) the Commission's proposal for a Council Directive on the implementation of the Directive of the European Parliament and of the Council of the European Parliament and of the Council

the European Parliament

IV. Considered part:

a) Competition.

b) Where appropriate, the analysis of the causes of the improvenance, dismissal and disposal that are enforced, or those that they are detected ex officio. If you are not in any of these cases, this recital should be ignored, it being understood that the complaint or complaint satisfies the requirements of the source.

c) Analysis of the facts: The proposals of the complainant and the defenders of the accused will be examined in the light of the evidence in the summary to verify the existence of the facts reported and the update of the infringement.

V. Individualization of the penalty. If the infringement is established, the appropriate sanction shall be imposed, taking into account the following criteria:

a) Type of violation.

b) Legal well tutored.

c) Singularity or plurality of conduct.

d) Circumstances of time, mode, and place.

VI. Resolutives, in which it is specified:

a) Sense of the resolution.

(b) Section decreed, if applicable.

c) Deadline for compliance, if any.

d) having regard to the competent authority, where the alleged commission is advised of a different infringement of the investigation; or where the Institute is not competent to sanction the offender.

VII. Finally, it will be settled if the bill was passed by unanimity or majority, and the particular, concurrent or reasoned votes that have been submitted will be glossed.

2. As appropriate, the priority projects to be submitted by the Technical Unit to the Commission shall meet the requirements laid down in paragraph 1 of this Article.

CHAPTER III

Of the procedures that involve views

Article 56

Object

1. This chapter regulates the ordinary sanctioning procedure for the knowledge of alleged misconduct by any authority, public notaries, foreigners, ministers of worship, associations linked to churches or groups of any religion or sect.

Article 57

Processing in charge of the Technical Unit

1. Where the commission of violations of electoral law committed by the subjects referred to in the previous article is reported or presumed, the Technical Unit shall integrate a file.

2. For the purposes of the integration of the file referred to in this Article, the Technical Unit shall carry out the proceedings it considers to be conducive to the collection of information, evidence and documents relating to the alleged infringement. If the documents collected and/or exhibited by the complaint contain sufficient evidence to presume an infringement of the General Law, it shall establish an ordinary sanctioning procedure.

3. After the corresponding investigation, the Technical Unit will prepare a draft resolution in which it will determine if there is an infringement of the electoral regulations by the subjects concerned. This project will be submitted to the Commission for consideration, and subsequently to the General Council in the terms and time limits provided for in the Regulation.

4. If the General Council determines that there are no violations of the electoral rules by the accused persons, it will order the file of the file, but if it determines its existence, it will order its referral with the judgment given to the competent authorities referred to in Article 458 of the General Law, so that in the field of their powers they impose the necessary penalties.

5. The view to be done will be done through the Secretary General.

6. The faults referred to in this Chapter may be known by the Technical Unit of Office or at the request of an aggrieved party.

Article 58

The obligation of authorities to report a report

1. The offices to which the constances referred to in the previous article are referred to them by the Secretary General of the General Council, have the obligation to communicate to the Executive Secretary, within the period conferred for this purpose, the measures taken in cases of suspected infringements of which they would have been informed.

TITLE FIFTH

THE SPECIAL SANCTIONING PROCEDURE

CHAPTER I

Special Provisions

Article 59

Source

1. At all times, the Technical Unit shall instruct the special sanctioning procedure where the breach of the provisions of Articles 41, Base III, and 134, paragraph 8 of the Constitution, the commission of which is radio or television.

2. During the Electoral Process, when it comes to the commission of conduct that transgresses:

I. The provisions of Articles 41, Base III, and 134, paragraph 8 of the Constitution.

II. The rules on political or electoral propaganda.

III. They constitute precampaign or campaign advance acts.

IV. The right of reply of political parties, pre-candidates, candidates and independent candidates.

2. With regard to the violations of Articles 41, Base III, Subparagraph B and 134 of the Constitution and the infringement of the prohibitions relating to precampaign and campaign advance acts, the Regulations, Agreements and Guidelines to be issued by the General Council.

Article 60

Discarding Causals in Special Sanctioning Procedure

1. The complaint shall be rejected out of hand by the Technical Unit, without any prevention, when:

I. Do not meet the requirements set out in Article 10 of this Regulation;

II. The facts reported do not constitute a violation of political-electoral propaganda;

III. The complainant does not provide or provide evidence of his or her said, or

IV. The complaint is obviously frivolous.

2. In the event of disposal, the Technical Unit shall notify the complainant of its decision by the most expeditious means within a period of 12 hours from the date of issue of the relevant agreement, including the means used. for this purpose. The notification shall be confirmed in writing within three days of the date of its practice, and shall be reported to the Specialized Chamber for knowledge.

3. In respect of cases in which the Technical Unit determines its incompetence in order to know the complaint or complaint referred to, in terms of paragraph 1 of this Article, the file shall be taken to the Specialized Regional Chamber, with the (a) the statement of reasons for the lack of competence, the steps taken to arrive at such a conclusion, as well as the indication of the authority which is competent to hear the case, all by means of a Circumstantial report.

Article 61

Of admission and placement

1. The Technical Unit shall accept the complaint within 24 hours after its receipt, provided that it satisfies the requirements laid down in Article 10 of this Regulation.

2. If the analysis of the constances provided by the complainant shows the lack of sufficient evidence to initiate the investigation, the Technical Unit will provide the necessary measures to carry out a preliminary investigation, taking into account the the purpose and the summary nature of the procedure, and must justify their need and opportunity for that purpose. In this case, the time limit for admission shall be computed from the fact that the authority has the necessary elements.

3. The Technical Unit, without prejudice to the necessary measures it deems necessary, shall place the complainant and the defendant in order to appear before a hearing of evidence and pleadings, which shall take place within the period of 40 and eight hours after admission, making it known to the defendant that the offence is imputed to him, for which he will be transferred to the complaint with its annexes. And where appropriate, of the proceedings and investigations carried out by the authority.

4. If the adoption of precautionary measures is requested, or the Technical Unit considers that its adoption is necessary, it shall be carried out in accordance with the provisions of Article 38 of this Regulation.

Article 62

Hearing of evidence and pleadings, and referral of the case to the Specialized Regional Room

1. The hearing of evidence and pleadings shall be conducted in the following terms:

I. It shall be carried out in an uninterrupted manner, orally and shall be conducted by personnel of the Technical Unit, with a record of their development, in which they shall be signed by those who intervened.

II. The lack of assistance from the parties shall not prevent the holding of the hearing on the day and time indicated.

III. The complaint and the complaint may be brought to the hearing by representatives or proxies, who must present the documents that accredit them at the beginning of the hearing and in the minutes they will settle the case.

IV. Open the hearing, the use of the voice shall be given to the complainant so that, in an intervention not longer than thirty minutes, he will feel the fact that he has been accused of the complaint and make a relationship of the evidence that corroborates it. If the procedure has been formally initiated, the Technical Unit shall act as a complainant;

V. The use of the voice will be given to the accused, so that in a time not greater than thirty minutes, he will respond to the complaint, offering the evidence that in his judgment will distort the imputation that is made. The failure to respond to such charges will only have the effect of precluding their right to provide evidence, without generating a presumption of the veracity of the facts reported.

VI. The Technical Unit shall decide on the admission of evidence and shall proceed to its discharge.

VII. Upon completion of the test, the Technical Unit shall, in succession, grant the use of the voice to the complainant and to the defendant, or to his representatives, who may plead in written or verbal form for one time and not more than 15 years. minutes each. This stage will be completed, the minutes will be closed and the hearing will be completed.

Article 63

On the case shift and the circumstantied report

1. After the hearing, the Technical Unit shall immediately forward the file to the Regional Chamber, together with a detailed report which shall meet the following requirements:

I. Narrate the reported facts succinctly, and the infractions to which they relate;

II. Indicate the steps taken for the purpose of the instruction, relating them to the facts intended to be accredited;

III. The evidence provided by the parties and those collected during the investigation;

IV. The findings on the complaint or complaint shall consist of a brief statement of the facts reported, the evidence offered and the outcome of the complaint, as well as the proceedings carried out in the course of the investigation, without prejudice to the on the merits of the case.

2. The circumstantial report shall be made available to the members for consultation, through the electronic means with which they are provided.

CHAPTER II

From the procedure to the unconcentrated organs

Article 64

From the procedure to the unconcentrated organs

1. From the beginning of the Electoral Process, and before the Local or District Councils are integrated, the processing of the special sanctioning procedure promoted on the occasion of the commission of conduct referred to the physical location or the content of political or electoral propaganda printed, painted on bars, or any other than that transmitted by radio or television, or reports anticipated acts of pre-campaign or campaign and that the infringing conduct is related to that type of propaganda, will be the following:

I. The complaint shall be filed with the Executive Branch of the District or Local Board that corresponds to the territorial demarcation in which the reported conduct or the position is chosen;

II. The Executive Officer shall immediately notify the Technical Unit of the submission of the corresponding document, for the purpose of determining whether, within a period of 12 hours, it exercises its right of attraction or not, in terms of provided for in Article 66 of this Regulation.

III. Held the hearing, the Executive Branch of the corresponding board shall take turns to the Regional Chamber. It is immediately specialized in the complete file, together with a circumstantial report that gives in terms of the provisions of the article previous.

2. In case the Unit decides to attract the matter, and in the light of the subjects and circumstances of the case, it will determine whether the person should instruct the case itself, or the district boards or councils will be able to do so up to the conclusion of the hearing of evidence and pleadings.

3. Communications between the Secretary and the district boards or councils shall be carried out by means of the institutional electronic or digital system with which it is or is instructed.

Article 65

From the faculty of attraction

1. The special sanctioning procedures established by the updating of one of the cases provided for in paragraph 1 of Article 474 of the General Law may be attracted by the Technical Unit at any time of procedure prior to its referral to the Specialized Regional Chamber, if the conduct complained of constitutes a general infringement or is serious.

2. It is understood as a generalized violation, that conduct that implies the extension of its effects to the majority of the population with repercussions in an electoral contest, through the systematicity of acts in different places and during the same period. temporality.

3. It is understood that a conduct is serious, when a direct impact on the development of an Electoral Process is imminently appreciated.

4. The Technical Unit and other bodies which receive the complaint or complaint shall attend to the following:

I. In the event that the complaint or complaint is filed with the Institute, if the Executive Secretary determines that it must attract the matter, it shall inform the board or district council of such determination within twenty-four hours.

II. If the Executive Secretary determines not to exercise the right of attraction, he shall forward the complaint or complaint to the competent district board or council within twenty-four hours to the effect that the unconcentrated organ shall procedure.

III. If the complaint or complaint is filed with the local boards or councils, these bodies shall inform the Executive Secretary of their interposition and shall forward to the relevant district boards or councils within 24 hours, the constances that have been submitted, for further processing and substantiation.

IV. If the complaint or complaint is filed with the district boards or councils, they will immediately give notice of their interposition to the Executive Secretary through the Comprehensive System of Complaints and Complaints and will process the respective procedure. In case you request the attraction, you will be able to do so through this medium.

5. Where the application for attraction is made by the complainant, it shall be agreed on the source or not of the source.

6. Without prejudice to the provisions of paragraph 1 of this Article, the Technical Unit may attract the procedures where:

I. The reported conduct has occurred in two or more federal constituencies.

II. The reported facts have been committed by public officials.

III. The propaganda denounced slander in terms of the provisions of the General Law.

IV. The propaganda denounced is of a religious nature.

V. The reported propaganda is placed or disseminated in national print media or by any means outside the territory where the public official is responsible.

TITLE SIXTH

OF THE RESPONSIBILITIES OF PUBLIC SERVANTS

Article 66

Institute officials

1. Violations of the provisions of the General Law that are committed by the electoral officers of the Institute shall be dealt with in the terms of the Statute of the National Electoral Professional Service, regardless of the provisions of other provisions. applicable legal systems and procedures to be followed before the Office of the Comptroller General of the Institute.

Article 67

From other authorities

1. The authorities shall be deemed to have failed to fulfil their obligation to provide information to the Institute in time and form when once the respective warning has been made:

I. Do not respond within the time limits set out in the information requirement;

II. Do not report in the requested terms, or

III. Deny the requested information.

Second. This Agreement shall enter into force and effect the day following its publication in the Official Journal of the Federation.

Third. The Federal Electoral Institute's Complaints and Complaints Regulations are repealed, published in the Official Journal of the Federation on September 5, 2011.

Fourth. The matters that are pending the entry into force of this Agreement shall be resolved in accordance with the substantive rules in force at the time of their commencement.

Fifth. For the purposes of the electronic notification referred to in Article 33 of the Regulation, the corresponding Lineings shall be issued within one hundred and twenty calendar days.

Sixth. Publish this Agreement in the Official Journal of the Federation and the Gazette of the National Electoral Institute, as well as on the website of this Institute.

This Agreement was approved in general in an extraordinary session of the General Council held on October 7, two thousand fourteen, by a unanimous vote of the Electoral Advisers, Mr. Enrique Andrade Gonzalez, Master Marco Antonio Baños Martínez, Maestra Adriana Margarita Favela Herrera, Maestra Beatriz Eugenia Galindo Centeno, Doctor Ciro Murayama Rendon, Doctor Benito Nacif Hernández, Doctor José Roberto Ruiz Saldana, Licensada Alejandra Pamela San Martín Ríos y Valles, Maestro Arturo Sánchez Gutiérrez, Licentiada Javier Santiago Castillo y President, Doctor Lorenzo Cordova Vianello.

The President of the General Council, Lorenzo Cordova Vianello.-Heading.-The Secretary of the General Council, Edmundo Jacobo Molina.-Heading.