Article 215 Federal Criminal Code
BOOK TWO · TITLE TEN. Crimes involving acts of corruption 18-07-2016, 05-11-2018, 12-04-2019 · CHAPTER III. Abuse of authority
Current text · last reform published in the Official Gazette of the Federation (DOF) on 13 March 2026
Commit the crime of abuse of authority the public officials who incur in any of the following conducts:
I.- When in order to impede the execution of a law, decree or regulation, the collection of a tax or the compliance with a judicial resolution, they request aid from the public force or employ it for that object;
II.Repealed.
III.- When they unduly delay or deny to private individuals the protection or service that they have the obligation to grant them or impede the presentation or the course of a request;
IV.- When being in charge of administering justice, under any pretext, even that of obscurity or silence of the law, they unjustifiably refuse to dispatch a matter pending before them, within the terms established by the law;
V.When the person in charge or element of a public force, legally required by a competent authority to provide aid, refuses to give it or unjustifiably delays it. The same provision shall apply in the case of experts.
VI.- When being in charge of any establishment destined to the execution of the sanctions depriving of liberty, of institutions of social reinsertion or of custody and rehabilitation of minors and of preventive or administrative reclusion facilities, or arraigo centers that, without the legal requirements, receives as prisoner, detainee, arrested, under arraigo or intern a person or keeps them deprived of their liberty, without notifying the corresponding authority of the fact; denies that they are detained, if they are; or does not comply with the order of liberty issued by the competent authority;
VII.- When having knowledge of an illegal deprivation of liberty they do not denounce it immediately to the competent authority or do not make it cease, also immediately, if this is within their attributions;
VIII.- When they cause funds, securities or another thing that has not been entrusted to them to be delivered to them and they appropriate them or dispose of them unduly.
IX.- Obtains, demands or solicits without any right or legitimate cause, for themselves or for any other person, part of the salary or remuneration of one or more of their subordinates, gifts or other goods or services;
X.- When in the exercise of their functions or on the occasion of them, they grant public employment, position or commission, or contracts for the provision of professional or mercantile services or of any other nature, that are remunerated, knowing that the service for which they were appointed will not be provided, or the granted contract will not be fulfilled;
XI.- When they authorize or contract whoever is disqualified by firm resolution of a competent authority to hold an employment, position or commission in the public service, or to participate in acquisitions, leases, services or public works, provided they do so with knowledge of such situation;
XII.- When they grant any identification in which any person is accredited as a public official who really does not perform the employment, position or commission referred to in said identification;
XIII.Repealed.
XIV.- To oblige to declare the persons mentioned in Article 243 Bis, of the Federal Code of Criminal Procedure, about the information obtained by reason of the performance of their activity.
XV.To omit carrying out the immediate registration of the corresponding detention, to falsify the corresponding Administrative Detention Report, to omit updating it duly or to delay without justification placing the detainee under the custody of the corresponding authority; and
XVI.To fail to comply with the obligation to prevent the execution of the conducts of deprivation of liberty.
Whoever commits the crime of abuse of authority in the terms provided by sections I to V and X to XII, shall be imposed one to eight years of imprisonment and fifty up to one hundred days fine. The same sanction shall be imposed on the persons who accept the appointments, contracts or identifications referred to in sections X to XII.
Whoever commits the crime of abuse of authority in the terms provided by sections VI to IX, XIV, XV and XVI, shall be imposed two to nine years of imprisonment, seventy up to four hundred days fine and removal and disqualification of two to nine years to hold another public employment, position or commission.