Article 85 Federal Criminal Code

Preparatory liberty shall not be granted to:

I.Those sentenced for any of the offenses provided for in this Code that are indicated below:

a)Unlawful use of installations destined for air transit, provided for in Article 172 bis, third paragraph;

b)Against health, provided for in Article 194, except that it involves individuals in whom evident cultural backwardness, social isolation and extreme economic need concur; and for the modality of transportation, if they comply with the requirements established in Articles 84 and 90, section I, subparagraph c), for which they must be first-time offenders, in spite of not being found in the three assumptions indicated in the general exception of this subparagraph;

c)Corruption of persons under eighteen years of age or of persons who do not have the capacity to understand the meaning of the act or of persons who do not have the capacity to resist it, provided for in Article 201; Pornography of persons under eighteen years of age or of persons who do not have the capacity to understand the meaning of the act or of persons who do not have the capacity to resist it, provided for in Article 202; Sexual tourism against persons under eighteen years of age or of persons who do not have the capacity to understand the meaning of the act or of persons who do not have the capacity to resist it, provided for in Articles 203 and 203 bis; Pandering of persons under eighteen years of age or of persons who do not have the capacity to understand the meaning of the act or of persons who do not have the capacity to resist it, provided for in Article 204; Pederasty, provided for in Article 209 Bis;

d)Rape, provided for in Articles 265, 266 and 266 bis;

e)Homicide, provided for in Articles 315, 315 Bis and 320; and femicide provided for in Article 325;

f)Trafficking of minors, provided for in Article 366 Ter.

g)Commercialization of stolen objects, provided for in Article 368 ter;

h)Vehicle theft, provided for in Article 376 bis;

i)Theft, provided for in Articles 371, last paragraph; 372; 381, sections VII, VIII, IX, X, XI and XV; and 381 Bis;

j)Operations with resources of illicit origin, provided for in Article 400 Bis;

k)Those provided for and sanctioned in Articles 112 Bis, 112 Ter, 112 Quáter and 112 Quintus of the Law of Credit Institutions, when whoever commits it forms part of an association, band or gang in the terms of Article 164, or 164 Bis, or

l)Those provided for and sanctioned in Articles 432, 433, 434 and 435 of the General Law of Negotiable Instruments and Credit Operations, when whoever commits it forms part of an association, band or gang in the terms of Article 164 or 164 Bis.

II.Offenses on the Matter of Trafficking in Persons contained in Title Second of the General Law to Prevent, Punish and Eradicate Offenses on the Matter of Trafficking in Persons and for the Protection and Assistance of the Victims of these Offenses;

III.Those who incur a second recidivism of intentional offense or are considered habitual offenders.

IV.Those sentenced for the conducts provided for in the General Law to Prevent and Punish Offenses on the Matter of Kidnapping, Regulatory of section XXI of Article 73 of the Political Constitution of the United Mexican States, except those provided for in Articles 9, 10, 11, 17 and 18.

V.Those sentenced for the crime of Torture.

In the case of the offenses comprised in Title Tenth of this Code, preparatory liberty shall only be granted when the reparation of damage to which section III of Article 30 refers is satisfied or a bond that guarantees it is granted.