Article 52 Federal Criminal Code

The judge shall fix the penalties and security measures that he considers just and appropriate within the limits indicated for each crime, based on the gravity of the illicit act, the quality and specific condition of the victim or offended party and the degree of culpability of the agent, taking into account:

I.- The magnitude of the damage caused to the legally protected interest or of the danger to which it has been exposed;

II.- The nature of the action or omission and of the means employed to execute it;

III.- The circumstances of time, place, manner or occasion of the act carried out;

IV.- The form and degree of intervention of the agent in the commission of the crime;

V.- The age, the education, the learning, the customs, the social and economic conditions of the subject, as well as of the motives that impelled or determined him to commit a crime. When the person prosecuted belongs to any Indigenous or Afro-Mexican people or community, their uses and customs shall be taken into account, in addition.

VI.- The subsequent behavior of the accused in relation to the crime committed; and

VII.- The other special and personal conditions in which the agent was at the moment of the commission of the crime, as long as they are relevant to determine the possibility of having adjusted his conduct to the requirements of the norm.