Article 395 Federal Criminal Code
BOOK TWO · TITLE TWENTY-SECOND. Crimes against persons in their patrimony · CHAPTER V. Dispossession of immovable things or of waters
Current text · last reform published in the Official Gazette of the Federation (DOF) on 13 March 2026
The penalty of three months to five years of imprisonment and a fine of fifty to five hundred pesos shall be applied:
I.- On anyone who on their own authority and using violence or stealthily, or employing threat or deceit, occupies real property belonging to another or makes use of it, or of a real right that does not belong to them;
II.- On anyone who on their own authority and making use of the means indicated in the preceding section, occupies real property of their own, in the cases in which the law does not permit it for being in the possession of another person or exercises acts of ownership that harm the legitimate rights of the occupant, and
III.- On anyone who in the terms of the preceding sections, commits dispossession of waters.
The penalty shall be applicable, even when the right to the possession of the usurped thing is doubtful or in dispute. When the dispossession is carried out by a group or groups, that together are greater than five persons, in addition to the penalty indicated in this article, from one to six years of imprisonment shall be applied to the intellectual authors and to those who direct the invasion.
On those who repeatedly dedicate themselves to promoting the dispossession of urban real property in the Federal District, a sanction of two to nine years of imprisonment shall be applied. Those who have been previously convicted for this form of participation in the dispossession, or for whom an order of formal imprisonment has been decreed more than two times for this same crime, shall be considered to repeatedly dedicate themselves to promoting the dispossession of urban real property, except when in the corresponding proceeding the disappearance of evidence, the dismissal or the acquittal of the accused has been resolved.