Article 164 Bis Federal Criminal Code
BOOK TWO · TITLE FOUR. Crimes against public security · CHAPTER IV. Criminal associations
Current text · last reform published in the Official Gazette of the Federation (DOF) on 13 March 2026
When any crime is committed as a gang, up to one half more of the penalties that correspond to them for the crime or crimes committed shall be applied to those who take part in its commission.
Gang is understood, for the purposes of this provision, as the habitual, occasional or transitory gathering of three or more persons who, without being organized with criminal purposes, commit in common any crime.
When the member of the gang is or has been a public official of any police corporation, the penalty shall be increased by up to two thirds of the penalties that correspond to him for the crime or crimes committed and, in addition, removal from the public employment, position or commission and disqualification of one to five years from performing another shall be imposed on him.