Article 421 Federal Criminal Code

In addition to what is established in the preceding chapters of Title Twenty-Fifth, the following penalties and security measures shall be imposed:

I.The reparation and, as applicable, the compensation of the damage to the environment, in accordance with the provisions of the Federal Environmental Liability Law (Ley Federal de Responsabilidad Ambiental);

II.The suspension, modification or demolition of the constructions, works or activities, as applicable, that had given rise to the respective environmental crime;

III.The reincorporation of the natural elements, specimens or species of wild flora and fauna, to the habitats from which they were taken, as long as their reincorporation does not constitute a danger to the ecological balance or hinders the reproduction or migration of wild flora or fauna species;

IV.The return of the hazardous materials or waste or specimens of wild flora and fauna threatened or in danger of extinction, to the country of origin, considering the provisions of the international treaties and conventions to which Mexico is a party, or

V.Disqualification, when the author or participant of the crime has the status of public official, for up to a time equal to that which would have been set as the custodial penalty, which must run at the moment in which the sentenced person has served the imprisonment or it has been deemed served.

The work in favor of the community referred to in article 24 of this legal order shall consist of activities related to the protection of the environment or the restoration of natural resources.

For the purposes referred to in this article, the judge must request from the competent federal agency or from the institutions of higher education or scientific research, the issuance of the corresponding technical opinion.

The competent agencies of the public administration must provide to the Public Prosecutor's Office (Ministerio Público) or to the judge the technical or expert opinions that are required by reason of the complaints presented for the commission of the crimes referred to in this Title.

The minimum and maximum parameters of the prison sentences referred to in this Title shall be reduced by half when the accused or prosecuted person voluntarily repairs or compensates the damage to the environment before such obligation has been imposed on him by administrative resolution or judicial judgment (sentencia). Said reduction shall also proceed when the reparation or compensation of the damage is carried out or guaranteed in terms of the provisions of Title Second of the Federal Environmental Liability Law.

The persons legitimized in terms of the provisions of the Federal Environmental Liability Law shall be considered victims with the right to request the reparation or compensation of the environmental damage and to collaborate in the criminal process.