Article 55 Federal Criminal Code
BOOK ONE · TITLE THREE. Application of Sanctions · CHAPTER I. General rules
Current text · last reform published in the Official Gazette of the Federation (DOF) on 13 March 2026
In the case that the accused is a person older than seventy years of age or affected by a serious or terminal illness, the jurisdictional body may order that preventive imprisonment be executed at the domicile of the accused person or, as the case may be, in a medical or geriatric center, under the precautionary measures that proceed; in every case the assessment on the part of the judge shall be supported by expert reports. The review of the precautionary measure may be promoted by the parties, who shall additionally offer evidence for said effect.
Likewise, the provisions of the preceding paragraph shall proceed, when it concerns pregnant women, or mothers during lactation.
Those who are accused of the crimes that warrant ex officio preventive imprisonment shall not enjoy the prerogative provided in the two preceding paragraphs, or who, in the judgment of the control judge, may evade the action of justice or manifest a conduct that makes presumable their social risk, nor those accused of the conducts provided in the General Law to Prevent and Punish the Crimes on the Matter of Kidnapping, Regulatory of section XXI of article 73 of the Political Constitution of the United Mexican States.
Once the final judgment (sentencia) has been issued, the penalty may be substituted by a security measure, in the judgment of the judge or court that imposes it ex officio or at the request of a party, when, because the active subject has suffered serious consequences in his person, or by reason of his senility or his precarious state of health, it is notoriously unnecessary that said penalty be served, with the exception of those sentenced for the conducts provided in article 9 of the General Law to Prevent and Punish the Crimes on the Matter of Kidnapping, Regulatory of section XXI of article 73 of the Political Constitution of the United Mexican States, who in every case must serve the penalty imposed.