Article 212 Federal Criminal Code

For the purposes of this Title and the subsequent one, public official is every person who performs an employment, position or commission of any nature in the centralized Federal Public Administration or in that of the Federal District, decentralized agencies, majority state-participation companies, organizations and companies assimilated to these, public trusts, State productive companies, in the autonomous constitutional bodies, in the Congress of the Union, or in the Federal Judiciary, or who manage federal economic resources. The provisions contained in this Title are applicable to the Governors of the States, to the Deputies, to the Local Legislatures and to the Magistrates of the Local Courts of Justice, for the commission of the crimes provided in this Title, in federal matters.

The same sanctions provided for the crime in question shall be imposed on any person who participates in the perpetration of any of the crimes provided in this Title or the subsequent one.

Additionally to said sanctions, the penalty of removal and disqualification to hold public employment, position or commission shall be imposed on those responsible for its commission, as well as to participate in acquisitions, leases, services or public works, concessions for the provision of public service or for the exploitation, utilization and use of assets of the domain of the Federation for a term of one to twenty years, attending to the following criteria:

I.- It shall be for a term of one up to ten years when there is no damage or prejudice or when the amount of the affectation or benefit obtained by the commission of the crime does not exceed two hundred times the daily value of the Measurement and Updating Unit, and

II.- It shall be for a term of ten to twenty years if said amount exceeds the limit indicated in the preceding section.

For the effects of the foregoing, the judge shall consider, in the case that the responsible person has the character of public official, in addition to the provisions of Article 213 of this Code, the elements of the employment, position or commission that they held when they incurred in the crime.

When the responsible person has the character of private individual, the judge shall impose the sanction of disqualification to hold a public position, as well as to participate in acquisitions, leases, concessions, services or public works, considering, as applicable, the following:

I.- The patrimonial damages and prejudices caused by the acts or omissions;

II.- The socioeconomic circumstances of the responsible person;

III.- The exterior conditions and the means of execution, and

IV.- The amount of the benefit that the responsible person has obtained.

Without prejudice to the foregoing, the category of official or employee in a position of trust shall be a circumstance that may give rise to an aggravation of the penalty.

When the crimes referred to in Articles 214, 217, 221, 222, 223 and 224, of this Code are committed by public officials elected popularly or whose appointment is subject to ratification by any of the Chambers of the Congress of the Union, the penalties provided shall be increased by up to one third.