Article 11 Bis Federal Criminal Code

For the effects of the provisions in Title X, Chapter II, of the National Code of Criminal Procedure, some or several of the legal consequences may be imposed on legal persons when they have intervened in the commission of the following crimes:

A.Of those provided in this Code:

I.Terrorism, provided in articles 139 to 139 Ter and international terrorism provided in articles 148 Bis to 148 Quáter;

II.Unlawful use of installations destined for air traffic, provided in article 172 Bis;

III.Against health, provided in articles 194 and 195, first paragraph;

IV.Corruption of persons under 18 years of age or of persons who do not have the capacity to understand the meaning of the act or of persons who do not have the capacity to resist it, provided in article 201;

V.Trafficking in influence provided in article 221;

VI.Bribery, provided in articles 222, section II, and 222 bis;

VII.Falsification and alteration of currency, provided in articles 234, 236 and 237;

VIII.Against national consumption and wealth, provided in article 254;

IX.Trafficking in minors or in persons who do not have the capacity to understand the meaning of the act, provided in article 366 Ter;

X.Habitual commercialization of stolen objects, provided in article 368 Ter;

XI.Robbery of vehicles, provided in article 376 Bis and possession, commerce, trafficking of stolen vehicles and other behaviors provided in article 377;

XII.Fraud, provided in article 388;

XIII.Concealment, provided in article 400;

XIV.Operations with resources of illicit origin, provided in article 400 Bis;

XV.Against the environment, provided in articles 414, 415, 416, 418, 419 and 420;

XVI.In matters of copyright, provided in article 424 Bis;

B.Of the crimes established in the following legal instruments:

I.Stockpiling and trafficking of arms, provided in articles 83 Bis and 84, of the Federal Law of Firearms and Explosives;

II.Trafficking in persons, provided in article 159, of the Migration Law;

III.Trafficking in organs, provided in articles 461, 462 and 462 Bis, of the General Health Law;

IV.Trafficking in persons, provided in articles 10 to 38 of the General Law to Prevent, Punish and Eradicate the Crimes in Matters of Trafficking in Persons and for the Protection and Assistance to the Victims of these Crimes;

V.Clandestine introduction of firearms that are not reserved to the exclusive use of the Army, Navy or Air Force, provided in article 84 Bis, of the Federal Law of Firearms and Explosives;

VI.Of the General Law to Prevent and Punish the Crimes in Matters of Kidnapping, Regulatory of section XXI of article 73 of the Political Constitution of the United Mexican States, those provided in articles 9, 10, 11 and 15;

VII.Smuggling and its equivalent, provided in articles 102 and 105 of the Federal Fiscal Code;

VIII.Tax fraud and its equivalent, provided in articles 108 and 109, of the Federal Fiscal Code;

VIII Bis. Of the Federal Fiscal Code, the crime provided in article 113 Bis;

IX.Of the Industrial Property Law, the crimes provided in article 223;

X.Of the Law of Credit Institutions, those provided in articles 111; 111 Bis; 112; 112 Bis; 112 Ter; 112 Quáter; 112 Quintus; 113 Bis and 113 Bis 3;

XI.Of the General Law of Negotiable Instruments and Credit Operations, those provided in articles 432, 433 and 434;

XII.Of the General Law of Organizations and Auxiliary Credit Activities, those provided in articles 96; 97; 98; 99; 100 and 101;

XIII.Of the Securities Market Law, those provided in articles 373; 374; 375; 376; 381; 382; 383 and 385;

XIV.Of the Law of the Retirement Savings Systems, those provided in articles 103; 104 when the amount of the disposition of the funds, securities or documents that they manage of the employees by reason of their object, exceeds three hundred fifty thousand days of general minimum wage in force in the Federal District; 105; 106 and 107 Bis 1;

XV.Of the Investment Funds Law, those provided in articles 88 and 90;

XVI.Of the Law of Credit Unions, those provided in articles 121; 122; 125; 126 and 128;

XVII.Of the Law to Regulate the Activities of Savings and Loan Cooperative Societies, those provided in articles 110; 111; 112; 114 and 116;

XVIII.Of the Popular Savings and Credit Law, those provided in articles 136 Bis 7; 137; 138; 140 and 142;

XIX.Of the Law on Commercial Insolvency, those provided in articles 117 and 271;

XX.Those provided in article 49 of the Federal Law for the Control of Chemical Substances Susceptible of diversion for the manufacture of Chemical Weapons;

XXI.Those provided in articles 8, 9, 10, 12, 13, 14, 15, 16, 17, 18 and 19 of the Federal Law to Prevent and Punish the Crimes in Matters of Hydrocarbons.

XXII.The crime of extortion provided in the General Law to Prevent, Investigate and Punish the Crimes in Matters of Extortion, Regulatory of section XXI of article 73 of the Political Constitution of the United Mexican States;

XXIII.In the other cases expressly provided in the applicable legislation.

For the effects of article 422 of the National Code of Criminal Procedure, the following limits of punishability shall be observed for the legal consequences of legal persons:

a)Suspension of activities, for a term of between six months and six years.

b)Closure of premises and establishments, for a term of between six months and six years.

c)Prohibition to carry out in the future the activities in the exercise of which the crime has been committed or in whose commission there has been participation, for a term of between six months and ten years.

d)Temporary disqualification consisting in the suspension of rights to participate directly or through an intermediary person in contracting procedures or to enter into contracts regulated by the Law of Acquisitions, Leases and Services of the Public Sector, as well as by the Law of Public Works and Services related to the same, for a term of between six months and six years.

e)Judicial intervention to safeguard the rights of the employees or of the creditors in a term of between six months and six years.

The judicial intervention may affect the totality of the organization or be limited to any of its installations, sections or business units. The exact scope of the intervention shall be determined and who shall be in charge of it, as well as the terms in which the follow-up reports must be made for the judicial organ. The judicial intervention may be modified or suspended at all times upon report of the intervener and of the Public Prosecutor's Office (Ministerio Público). The intervener shall have the right to access all the installations and premises of the company or legal person, as well as to receive whatever information he deems necessary for the exercise of his functions. The applicable legislation shall determine the aspects related to the functions of the intervener and his respective remuneration.

In all the suppositions provided in article 422 of the National Code of Criminal Procedure, the sanctions may be mitigated up to one fourth, if prior to the fact imputed to them, the legal persons had a permanent control organ, in charge of verifying compliance with the applicable legal provisions to follow up the internal policies of crime prevention and that have carried out before or after the fact imputed to them, the reduction of the damage caused by the typical fact.