Transitory provisions
Federal Criminal Code
Transitory provisions of each amending decree, in the order of the Spanish page. Decrees that are not translated yet are on the Spanish page only.
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Transitory provisions of the original law
1º.- This Code shall begin to govern on 17 September 1931.
2º.- From that same date the Criminal Code of 15 December 1929 is abrogated, as are all the other laws that oppose this one; but both that Code and the one of 7 December 1871 must continue to be applied for the acts carried out, respectively, during their validity, unless the accused express their willingness to avail themselves of the legal order they consider more favorable, between this Code and the one that governed at the time of the perpetration of the crime.
Errata sheet to the article DOF 31-08-1931
3º.- The provisions of a criminal nature contained in special laws remain in force in everything that is not provided for in this Code.
ERRATA SHEET of the Criminal Code for the Federal District and Territories, published on 14 August 1931.
Clarification to the Errata Sheet DOF 12-09-1931
DECREE that amends the Criminal Code in force.
ARTICLE 1.- Section II of article 24 and articles 27, 70, 71 and 72 of the Criminal Code in force are repealed.
ARTICLE 2.- Articles 25, 65, 66 and 255 of the same Criminal Code are amended, to read as follows:
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ARTICLE 4.- This Law shall enter into force as of the date of its publication in the "Official Gazette".
DECREE that adds article 361 of the Customs Law (Ley Aduanal). (Smuggling of arms and munitions).
ARTICLE 2.- Article 162 of the Criminal Code and other provisions incompatible with this Decree are repealed, insofar as they oppose this legal order.
DECREE that amends the Criminal Code.
ARTICLE 1.- This Decree shall enter into force sixty days after its publication in the "Official Gazette" of the Federation.
ARTICLE 2.- All provisions that oppose these amendments and additions are repealed.
DECREE that amends the Criminal Code.
SOLE ARTICLE.- These amendments and additions shall enter into force from the day of their publication in the "Official Gazette" of the Federation.
DECREE repealing the one that adds article 361 of the Customs Law (Ley Aduanal). (Smuggling of arms and munitions).
ARTICLE 2.- Article 162 of the Criminal Code and the other provisions that were incompatible with the aforementioned decree remain in force, without any restriction.
LAW of General Preventions relative to the suspension of individual guarantees.
1º.- This law shall enter into force on the day of its publication in the "Official Gazette" of the Federation.
2º.- The amparo proceedings being processed upon the entry into force of this law shall follow their normal course, whatever their nature, and shall be resolved in accordance with the laws in force, without being affected by the provisions of this law.
3º.- The guarantee set forth in the third paragraph of constitutional article 22 is not restricted for now.
DECREE that modifies various articles of the Criminal Code for the Federal District and Territories in matters of common jurisdiction and for the entire Republic in matters of federal jurisdiction.
TRANSITORY ARTICLE.- This Decree shall enter into force three days after the date of its publication in the "Official Gazette".
DECREE that amends articles 24, 60 and 61 of the Criminal Code, in relation to security measures and small ones for crimes of imprudence.
SOLE ARTICLE.- This Decree shall enter into force three days after the date of its publication in the "Official Gazette".
DECREE that amends article 40 of the Criminal Code for the Federal District and Territories in matters of common jurisdiction.
SOLE ARTICLE.- This Decree shall enter into force three days after the date on which it has been published in the "Official Gazette".
DECREE that declares as Emergency Law chapter 1º, title 7º, book 2º, of the Criminal Code for the Federal District and Territories and Federal in the entire Republic in matters of this jurisdiction relative to the possession and trafficking of narcotics.
This Decree shall take effect as of its publication in the "Official Gazette" of the Federation.
DECREE that lifts the suspension of guarantees decreed on 1 June 1942, and restores the constitutional order, ratifying and declaring in force the provisions that it specifies.
ARTICLE 1.- This law shall enter into force on the first day of October of the current year.
ARTICLE 2.- This law repeals the legal and regulatory provisions that in any manner oppose it.
ARTICLE 3.- The Executive of the Union shall issue the regulatory provisions for the execution of this law.
LAW that amends the Criminal Code for the Federal District and Territories in matters of Common Jurisdiction, and for the entire Republic in matters of Federal Jurisdiction.
SOLE ARTICLE.- This Decree shall enter into force three days after its publication in the "Official Gazette".
Errata sheet DOF 16-07-1946
DECREE that amends article 85 of the Criminal Code for the Federal District and Territories.
SOLE ARTICLE.- This Decree shall enter into force on the day following its publication in the "Official Gazette" of the Federation.
DECREE by which article 250 of the Criminal Code in force is amended.
SOLE.- This Decree shall enter into force on the day following its publication in the "Official Gazette" of the Federation.
DECREE that amends and adds articles 193, 194 and 197 of the Criminal Code for the Federal District and Territories in matters of Common Jurisdiction and for the entire Republic in matters of Federal Jurisdiction.
SOLE ARTICLE.- These amendments shall enter into force on the day following their publication in the "Official Gazette" of the Federation, and from that same date the legal provisions that oppose these are repealed, but they must continue to be applied for the acts carried out during their validity.
DECREE that amends the Criminal Code for the Federal District and Territories in matters of common jurisdiction and for the entire Republic in matters of Federal Jurisdiction.
ARTICLE FIRST.- This Law shall enter into force three days after its publication in the "Official Gazette" of the Federation.
ARTICLE SECOND.- In all cases in which the Criminal Code or other laws establish the penalty of relegation, that of imprisonment shall be applied.
DECREE that amends various articles of the Criminal Code.
SOLE ARTICLE.- These amendments shall enter into force three days after their publication in the "Official Gazette" of the Federation.
Clarification DOF 31-05-1956
DECREE that amends article 253 of the Criminal Code for the Federal District and Territories and for the entire Republic in Matters of Federal Jurisdiction.
SOLE.- This Decree shall enter into force on the day following its publication in the "Official Gazette" of the Federation.
DECREE that amends and adds the Criminal Code for the Federal District and Territories in Matters of Common Jurisdiction, and for the entire Republic in Matters of Federal Jurisdiction.
SOLE.- This amendment shall enter into force on the day following its publication in the "Official Gazette".
DECREE that amends article 64 of the Criminal Code, for the Federal District and Territories in matters of Common Jurisdiction and for the entire Republic in matters of Federal Jurisdiction.
SOLE.- This amendment shall enter into force five days after its publication in the "Official Gazette" of the Federation.
DECREE that amends article 41 of the Criminal Code for the Federal District and Territories in matters of Common Jurisdiction and for the entire Republic in matters of Federal Jurisdiction.
SOLE.- This amendment shall enter into force three days after that of its publication in the "Official Gazette" of the Federation.
AMENDMENTS to the Criminal Code for the Federal District and Territories.
SOLE.- These amendments shall enter into force three days after their publication in the "Official Gazette" of the Federation.
ADDITIONS to the Criminal Code for the Federal District and Territories.
SOLE ARTICLE.- This amendment shall enter into force three days after its publication in the "Official Gazette" of the Federation.
AMENDMENTS to the Criminal Code in its Articles 265 and 266.
SOLE ARTICLE.- These amendments shall enter into force three days after their publication in the "Official Gazette" of the Federation.
THE Criminal Code IS ADDED with a Fourth Title of its Book Two.
SOLE.- These amendments shall enter into force three days after their publication in the "Official Gazette" of the Federation.
DECREE that amends Articles 15, 85, 193, 194, 195, 196, 197, 198, 199, 201, 306, 309 and 387; modification of the name of Chapter First, Title Seventh, Book Second; and addition of Article 164 Bis of the Criminal Code for the Federal District and Territories in matters of Common Jurisdiction and for the entire Republic in matters of Federal Jurisdiction.
ARTICLE FIRST.- This Decree shall enter into force fifteen days after its publication in the "Official Gazette" of the Federation.
ARTICLE SECOND.- All legal provisions that oppose these amendments and additions are repealed.
DECREE that adds a third paragraph to article 170 of the Criminal Code for the Federal District and Territories in Matters of Common Jurisdiction and for the entire Republic in Matters of Federal Jurisdiction.
SOLE ARTICLE.- This Decree shall enter into force three days after its publication in the "Official Gazette" of the Federation.
DECREE that amends article 311 of the Criminal Code for the Federal District and Territories in Matters of Common Jurisdiction and for the entire Republic in Matters of Federal Jurisdiction.
SOLE.- This Decree shall enter into force on the day following its publication in the "Official Gazette" of the Federation.
AMENDMENTS to the Criminal Code for the Federal District and Territories in Matters of Common Jurisdiction and for the entire Republic in Federal Matters and to the Federal Code of Criminal Procedure (Código Federal de Procedimiento Penales).
SOLE ARTICLE.- This Decree shall enter into force on the day of its publication in the "Official Gazette" of the Federation.
DECREE that amends various articles of the Criminal Code for the Federal District and Territories in Matters of Common Jurisdiction, and for the entire Republic in Matters of Federal Jurisdiction.
ARTICLE 1.- These amendments shall enter into force 60 days after their publication in the "Official Gazette" of the Federation.
ARTICLE 2.- The applications and proceedings regarding preparatory liberty and conditional sentence that are pending at the start of the validity of these amendments shall be resolved in the terms provided by them.
ARTICLE 3.- All provisions that oppose this Decree are repealed.
Errata sheet DOF 07-05-1971
DECREE by which the Criminal Code for the Federal District and Territories in matters of Common Jurisdiction and for the entire Republic, in matters of Federal Jurisdiction, is added.
SOLE ARTICLE.- This Decree shall enter into force three days after its publication in the "Official Gazette" of the Federation.
LAW that creates the Guardianship Councils for Minor Offenders of the Federal District and Territories.
ARTICLE 1. Transitory.- This Law shall enter into force thirty days after its publication in the "Official Gazette", and as of that same date articles 119 to 122 of the Criminal Code for the Federal District and Territories in matters of Common Jurisdiction and for the entire Republic in matters of Federal Jurisdiction, of 13 August 1931, shall be repealed, only as regards the Federal District and Territories, the Organic Law and Procedural Rules of the Courts for Minors and their Auxiliary Institutions in the Federal District and Territories, of 22 April 1941, and the other provisions that oppose this Legal Order.
ARTICLE 2. Transitory.- The first turn among the Counselors for the purposes of the instruction of the procedure shall be established according to the chronological order of their appointment.
ARTICLE 3. Transitory.- The Counselors who are appointed upon the entry into force of this Law, in the terms of article 5, shall last in their charge until 31 December 1976.
ARTICLE 4. Transitory.- Both the procedures that are being conducted at the start of its validity and the measures imposed prior to it, that are in the process of execution, shall be subject to the provisions of this Law.
ARTICLE 5. Transitory.- While the Auxiliary Councils are established, the Qualifying Judges and the Guardianship Council shall have knowledge of the faults against the police and good government regulations and of the other cases indicated in article 48.
DECREE by which various laws are amended to bring them into accord with the Decree that amended article 43 and other related articles, of the Political Constitution of the United Mexican States.
SOLE ARTICLE.- This Decree shall enter into force ninety days after its publication in the "Official Gazette" of the Federation.
DECREE of Amendments to the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction; to the Health Code of the United Mexican States, in Relation to Narcotic Drugs and Psychotropic Substances and to Article 41 of the First Instrument.
ARTICLE ONE.- This Decree shall enter into force thirty days after its publication in the "Official Gazette" of the Federation.
ARTICLE TWO.- All legal provisions that oppose these amendments are repealed.
ARTICLE THREE.- The acts carried out during the validity of the provisions of the Criminal Code for the Federal District in matters of common jurisdiction, and for the entire Republic in matters of federal jurisdiction, and of the Health Code of the United Mexican States, which are amended, modified and repealed by this Decree, shall continue to be governed by those provisions.
ARTICLE FOUR.- As regards the Federal Code of Criminal Procedure, all matters that are being processed when this Decree begins to govern shall be subject to its provisions.
DECREE of Amendments to the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction.
SOLE ARTICLE.- These amendments shall enter into force three days after their publication in the "Official Gazette" of the Federation.
DECREE amending Articles 336 and 337 of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction.
SOLE ARTICLE.- These amendments shall enter into force fifteen days after their publication in the "Official Gazette" of the Federation.
DECREE of amendments to the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction, in its Articles 85, 194, 195, 196, 197 and 198.
SOLE ARTICLE.- This Law shall enter into force on the day following its publication in the "Official Gazette" of the Federation.
DECREE of Amendments to Articles 253 and 254, and Repeal of 253 Bis of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction.
SOLE.- This Decree shall enter into force on the day following its publication in the "Official Gazette" of the Federation.
DECREE of amendments to Articles 219, 220 and repeal of 221, of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction.
SOLE ARTICLE.- This decree shall enter into force on the day following its publication in the "Official Gazette" of the Federation.
DECREE of amendment of section I of Article 383 of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction.
SOLE ARTICLE.- This amendment shall enter into force on the day following its publication in the "Official Gazette".
DECREE of amendments to Article 389 of the Criminal Code for the Federal District in matters of common jurisdiction and for the entire Republic in matters of federal jurisdiction.
SOLE.- This decree shall enter into force on the day following its publication in the "Official Gazette" of the Federation.
DECREE by which Article 254 of the Criminal Code for the Federal District in matters of common jurisdiction and for the entire Republic in matters of federal jurisdiction is added.
SOLE.- This decree shall enter into force on the day following its publication in the "Official Gazette" of the Federation.
DECREE by which Article 167 of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the entire Republic in matters of federal jurisdiction is amended and added to.
SOLE.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE of amendments to the Criminal Code for the Federal District in matters of common jurisdiction and for the entire Republic in matters of federal jurisdiction.
ARTICLE ONE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
ARTICLE TWO.- As regards the declarations on patrimonial situation made prior to the validity of the Federal Law of Responsibilities of Public Officials, the provisions in force at the moment of making said declaration shall be observed.
DECREE by which various provisions of the Criminal Code for the Federal District in Matters of Common Jurisdiction, and for the Entire Republic in Matters of Federal Jurisdiction are amended, added to and repealed.
ARTICLE ONE.- This Decree shall enter into force 90 days after its publication in the Official Gazette of the Federation.
ARTICLE TWO.- With respect to the persons who are under prosecution or sentenced on the day this Decree enters into force, the provisions of Article 56 of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction itself shall be observed.
ARTICLE THREE.- For the imposition of fines under the system of fine days referred to in Article 29 of the Criminal Code, amended in the terms of this Decree, the judge shall adhere to the following rules:
I.- When a fine in pesos is imposed, the respective conversion shall be made taking into account the maximum of the fine fixed by the law, with the corresponding ones indicated below: when the maximum is five hundred pesos, for one fine day; if it exceeds this amount, but not ten thousand pesos, between two and twenty fine days; if it is greater than ten thousand pesos, but does not exceed one hundred thousand, from twenty-one to two hundred fine days; and if it exceeds one hundred thousand pesos, between two hundred one and five hundred fine days.
II.- When a fine is established on the basis of days of minimum wage, it shall be converted at the rate of one day of wage for one fine day.
ARTICLE FOUR.- As regards the regime applicable to the persons lacking criminal responsibility referred to in Article 15 section II of the Criminal Code, amended in the terms of this decree, the provisions for mentally ill persons in the Federal Code of Criminal Procedure shall be observed, the same regime that shall be applied to the offenses of common jurisdiction.
ARTICLE FIVE.- The measures of surveillance of the authority and in compliance with the substitutes of imprisonment referred to in the Criminal Code, amended in the terms of this decree, shall fall to the agency of the Federal Executive in charge of the execution of sanctions.
ARTICLE SIX.- For the purposes of the recognition of the innocence of the subject referred to in Article 96 of the Criminal Code, amended in the terms of this decree, the provisions for the necessary pardon shall be observed, both in the Federal Code of Criminal Procedure and in the Code of Criminal Procedure for the Federal District, as applicable.
DECREE by which the Criminal Code for the Federal District in Matters of Common Jurisdiction, and for the Entire Republic in Matters of Federal Jurisdiction is amended.
SOLE ARTICLE.- This Decree shall enter into force thirty days after its publication in the Official Gazette of the Federation.
DECREE by which Article 166 of the Organic Law of the Mexican Army and Air Force is added and the heading of Chapter VII, Title Thirteenth, Book Second, of the Criminal Code for the Federal District in matters of common jurisdiction and for the entire Republic in matters of federal jurisdiction and section IV of Article 250 of the same code are modified.
ARTICLE ONE.- This Decree shall enter into force six months after its publication in the Official Gazette of the Federation.
DECREE by which the Criminal Code for the Federal District in Matters of Common Jurisdiction, and for the Entire Republic in Matters of Federal Jurisdiction is amended.
SOLE ARTICLE.- These amendments and additions shall enter into force thirty days after their publication in the Official Gazette of the Federation.
DECREE by which the Criminal Code for the Federal District in matters of Common Jurisdiction and for the entire Mexican Republic in matters of Federal Jurisdiction is amended and added to.
SOLE ARTICLE.- These amendments shall enter into force on the day following their publication in the Official Gazette of the Federation.
DECREE by which the Criminal Code for the Federal District in Matters of Federal Jurisdiction; the Federal Code of Criminal Procedure, and the Law of General Means of Communication are amended and added to.
SOLE ARTICLE.- These amendments shall enter into force ninety days after their publication in the Official Gazette of the Federation.
DECREE by which various provisions of the Criminal Code for the Federal District in matters of common jurisdiction, and for the entire Republic in matters of federal jurisdiction are amended and added to.
SOLE.- This Decree shall enter into force on 1 February 1989.
DECREE that amends, adds to and repeals various provisions of the Criminal Code for the Federal District in matters of common jurisdiction, and for the entire Republic in matters of federal jurisdiction; of the Code of Criminal Procedure for the Federal District and of the Federal Code of Criminal Procedure.
ARTICLE ONE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
ARTICLE TWO.- Article 611 of the Code of Criminal Procedure for the Federal District and the other provisions that oppose this Decree are repealed.
Federal Code of Electoral Institutions and Procedures.
FIRST.- This addition shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- Articles 409 and 410 that are added shall enter into force on the day following the publication in the Official Gazette of the Federation of the law or decree containing the rules relating to the National Registry of Citizens and to the issuance of the document that accredits citizenship.
Errata sheet Official Gazette of the Federation 06-02-1991
DECREE by which various provisions of the Criminal Code for the Federal District in Matters of Common Jurisdiction, and for the Entire Republic in Matters of Federal Jurisdiction are amended, added to and repealed.
SOLE.- This decree enters into force on the day following the date of its publication in the Official Gazette of the Federation.
LAW for the treatment of Minor Offenders, for the Federal District in Common Matters and for the entire Republic in Federal Matters.
FIRST.- This Law shall enter into force sixty days following its publication in the Official Gazette of the Federation.
SECOND.- The Law creating the Guardianship Council for Minor Offenders of the Federal District, published in the Official Gazette of the Federation on 2 August 1974, is abrogated.
THIRD.- Articles 119 to 122 of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction; 73 to 78 of the Organic Law of the Federal Judiciary, and 503 of the Federal Code of Criminal Procedure are repealed; as well as Articles 673 and 674, sections II and X, of the Code of Criminal Procedure for the Federal District, only insofar as it relates to minor offenders.
FOURTH.- The matters that are in process on the date this Law enters into force shall be referred to the competent areas that correspond to hear them, in accordance with the new determination of competencies.
FIFTH.- The regulations of the diagnostic and treatment centers must be issued within ninety days following the date of installation of the Council for Minors.
SIXTH.- The auxiliary councils currently existing shall hear the administrative offenses against the police and good government regulations committed by minors, as long as the competent body is not established. These councils may only apply the measures of guidance and protection provided for in this Law.
SEVENTH.- As long as the Council for Minors has not integrated its expert services, it may avail itself of the assistance of the corresponding bodies of the Office of the Attorney General of the Republic, of the Attorney General's Office of the Federal District and of the Superior Court of Justice of the Federal District.
DECREE by which various provisions of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction, of the Federal Code of Criminal Procedure and of the Code of Criminal Procedure for the Federal District are amended, added to and repealed.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- The requirement of complaint incorporated by reason of the amendments to Articles 173, 282, 341 and 399-Bis of the Criminal Code for the Federal District in Matters of Common Jurisdiction, and for the Entire Republic in Matters of Federal Jurisdiction shall not be enforceable in the proceedings already instituted or resolved on the day this Decree enters into force.
THIRD.- For the purposes of Articles 405 of the Federal Code of Criminal Procedure and 562 section III of the Code of Criminal Procedure for the Federal District, the judges and courts must begin to accept the bond consisting of a pledge guarantee, once the administrative mechanisms that became necessary are available.
DECREE adding Article 254 Bis to the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE modifying the Criminal Code for the Federal District in matters of Common Jurisdiction, and for the entire Republic in matters of Federal Jurisdiction.
SOLE ARTICLE.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE adding Article 123 to the Criminal Code for the Federal District in Matters of Common Jurisdiction, and for the Entire Republic in Matters of Federal Jurisdiction.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding to various provisions of the Criminal Code for the Federal District in matters of Common Jurisdiction, and for the entire Republic in matters of Federal Jurisdiction; and of the Law establishing the minimum rules on social readaptation of sentenced persons.
SOLE.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending, adding to and repealing various articles of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction, of the Federal Code of Criminal Procedure, of the Code of Criminal Procedure for the Federal District, of the Amparo Law Regulating Articles 103 and 107 of the Political Constitution of the United Mexican States, of the International Extradition Law, of the Civil Code for the Federal District in Common Matters and for the Entire Republic in Federal Matters, of the Federal Law of Responsibilities of Public Officials, of the Organic Law of the Federal Fiscal Court, of the Law of the Court of Administrative Litigation of the Federal District, of the Federal Law to Prevent and Punish Torture and of the Law of Budget, Accounting and Federal Public Expenditure and of the Organic Law of the Federal Judiciary.
FIRST.- This decree shall enter into force on the first of February of one thousand nine hundred ninety-four.
SECOND.- With regard to the proceedings that are followed for crimes against health, initiated prior to the entry into force of this decree, they shall continue under the terms of the new provisions contained in that decree, even when these have changed numbering.
THIRD.- To the persons who have committed a crime, including those prosecuted or sentenced, prior to the entry into force of this decree, the provisions of the Criminal Code in force at the moment in which it was committed shall be applicable, without prejudice to applying, when appropriate, that provided in article 56 of the aforementioned Code.
FOURTH.- All provisions that oppose this decree are repealed.
Errata sheet DOF 01-02-1994
DECREE by which various articles of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction are amended and added to.
SOLE.- This Decree shall enter into force on the day of its publication in the Official Gazette of the Federation.
DECREE by which various articles of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction, of the Fiscal Code of the Federation, of the Code of Criminal Procedure for the Federal District and of the Federal Code of Criminal Procedure are amended, added to and repealed.
FIRST.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- Article 115 bis of the Fiscal Code of the Federation, in force until the entry into force of this decree, shall continue to be applied for the acts carried out during its validity. Likewise, said provision shall continue to be applied to the persons under prosecution or sentenced for the crimes provided for and punished by the aforementioned article.
To proceed criminally in the cases referred to in Article 115 bis of the Fiscal Code of the Federation, in the terms of the preceding paragraph, the complaint of the Ministry of Finance and Public Credit shall continue to be required.
For the purposes of the application of the respective penalties, the provisions of Article 56 of the aforementioned Criminal Code shall govern, without this implying the extinction of the criminal types.
THIRD.- For the assumptions, subjects and effects of the preceding article, the crimes provided for in Article 115 bis of the Fiscal Code of the Federation shall continue to be classified as serious, in the terms of Article 194 of the Federal Code of Criminal Procedure, for all legal effects that proceed.
DECREE by which various provisions of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction; of the Federal Code of Criminal Procedure; of the Law of General Means of Communication; of the Organic Law of the Federal Judiciary and of the Organic Law of the Office of the Attorney General of the Republic are amended, added to and repealed.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- Articles 167, section IX, and 196 bis of the Criminal Code for the Federal District in matters of Common Jurisdiction and for the entire Republic in matters of Federal Jurisdiction, in force until the entry into force of this Decree, shall continue to be applied for the acts carried out during their validity. Likewise, said provisions shall continue to be applied to the persons under prosecution or sentenced for the crimes provided for and punished by the same articles. The foregoing without prejudice to applying, when appropriate, the provisions of Article 56 of the aforementioned Criminal Code.
DECREE by which various provisions of the Federal Code of Electoral Institutions and Procedures; of the Regulatory Law of Sections I and II of Article 105 of the Political Constitution of the United Mexican States; of the Organic Law of the Federal Judiciary; of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction; of the Government Statute of the Federal District are amended, added to and repealed; and the General Law of the System of Means of Challenge in Electoral Matters is issued.
Sole.- The amendments to the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction to which Article FIFTH of this Decree refers shall enter into force on the day of their publication in the Official Gazette of the Federation (DOF).
TRANSITORY ARTICLES OF THE DECREE AMENDING, ADDING TO AND REPEALING VARIOUS PROVISIONS OF THE FEDERAL CODE OF ELECTORAL INSTITUTIONS AND PROCEDURES; OF THE REGULATORY LAW OF SECTIONS I AND II OF ARTICLE 105 OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES; OF THE ORGANIC LAW OF THE FEDERAL JUDICIARY; OF THE CRIMINAL CODE FOR THE FEDERAL DISTRICT IN MATTERS OF COMMON JURISDICTION AND FOR THE ENTIRE REPUBLIC IN MATTERS OF FEDERAL JURISDICTION; OF THE GOVERNMENT STATUTE OF THE FEDERAL DISTRICT; AND THE GENERAL LAW OF THE SYSTEM OF MEANS OF CHALLENGE IN ELECTORAL MATTERS IS ISSUED
FIRST.- The amendments to which this Decree refers shall enter into force on the day of their publication in the Official Gazette of the Federation (DOF), with the particularities established in the transitory provisions of each of the articles of this Decree.
SECOND.- All provisions that oppose this Decree are repealed.
THIRD.- On six July 1997, for the Federal District, exclusively the Head of Government (Jefe de Gobierno) and the Deputies to the Legislative Assembly of the Federal District (Asamblea Legislativa del Distrito Federal) shall be elected.
All the articles of the Government Statute of the Federal District referring to the election of the Citizen Councilors (Consejeros Ciudadanos) are repealed.
The rules that regulate the substantive functions of the current Citizen Councilors established in the provisions in force shall continue to be applied until the end of the period for which they were elected.
Based on the new Government Statute of the Federal District, the Legislative Assembly shall issue the provisions relating to citizen participation in the Federal District.
FOURTH.- The holder of the Federal Executive Branch (Poder Ejecutivo Federal) is authorized so that, through the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público), the necessary budget transfers are made, in order that the corresponding authorities may comply with the obligations and carry out the new activities that these amendments and additions impose on them.
FIFTH.- The jurisprudence criteria upheld by the Central Chamber and the Second Instance Chamber of the Federal Electoral Court (Tribunal Federal Electoral), as applicable, shall continue to be applicable as long as they do not oppose the amendments established in Articles SECOND, THIRD and FOURTH of this Decree.
For the jurisprudence criteria to which the preceding paragraph refers to be binding, the formal declaration of the Superior Chamber of the Electoral Court shall be required. Once the declaration is made, the jurisprudence shall be notified immediately to the Regional Chambers, to the Federal Electoral Institute (Instituto Federal Electoral) and, where applicable, to the local electoral authorities.
DECREE by which various articles of the Criminal Code for the Federal District in matters of Common Jurisdiction, and for the entire Republic in matters of Federal Jurisdiction are amended, added to and repealed.
ARTICLE ONE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
ARTICLE TWO.- Articles 183 to 187 of the General Law of Ecological Equilibrium and Environmental Protection; Article 58 of the Forestry Law; and Articles 30 and 31 of the Federal Hunting Law are repealed.
DECREE by which section XVI of Article 387 is repealed, Article 419 is amended, and a Title Twenty-Sixth is added to Book Second, all of them of the Criminal Code for the Federal District in matters of Common Jurisdiction and for the entire Republic in matters of Federal Jurisdiction.
FIRST.- Article Second of this Decree shall enter into force on the day following its publication in the Official Gazette of the Federation. Articles First and Third shall enter into force ninety days after their publication in the Official Gazette of the Federation.
SECOND.- To the persons who have committed crimes contemplated in the Federal Copyright Law published in the Official Gazette of the Federation on 29 December 1956, prior to the entry into force of this Decree, the sanctions in force at the moment those conducts were carried out shall be applicable. For this purpose, Articles 135 to 144 of said law shall continue in force and shall be applied to the prosecution, sanction and execution of judgments for acts carried out up to before the entry into force of Title Twenty-Sixth that is added to the Criminal Code for the Federal District in matters of Common Jurisdiction and for the entire Republic in matters of Federal Jurisdiction by this Decree.
DECREE by which section III of Article 231 of the Federal Copyright Law, as well as section III of Article 424 of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction, are amended.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE by which various provisions of the Civil Code for the Federal District in Common Matters and for the entire Republic in Federal Matters; of the Code of Civil Procedure for the Federal District; of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction, and of the Code of Criminal Procedure for the Federal District are amended, added to and repealed.
FIRST.- This Decree shall enter into force thirty days after its publication in the Official Gazette of the Federation.
SECOND.- The proceedings of a civil nature that are pending resolution at the entry into force of this Decree shall be substantiated and resolved in accordance with the provisions in force at the moment of their initiation.
DECREE by which various fiscal laws and other federal instruments are modified.
FIRST. This Decree shall enter into force on 1 January 1999.
SECOND. Article Fourth of this Decree shall enter into force on 1 January of the year 2000.
DECREE by which various provisions of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction; of the Federal Code of Criminal Procedure, and of the Amparo Law, Regulating Articles 103 and 107 of the Political Constitution of the United Mexican States are amended.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- To the persons who, on the date of entry into force of this Decree, are subject to criminal proceedings for any of the crimes contained in the provisions of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction, mentioned in Article First of this Decree, the provisions of said articles in force at the moment of the commission of the crime shall be applicable.
The criminal and amparo proceedings not concluded on the date indicated in the preceding transitory provision shall continue to be processed in accordance with the provisions of the Federal Code of Criminal Procedure and of the Amparo Law in force prior to the date of entry into force of this Decree.
THIRD.- The resolutions of the judicial authority in which the domiciliary arraignment originally decreed had been extended shall continue to subsist for the entire term that had been indicated in the extension.
DECREE by which various provisions in criminal matters are amended.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- To the persons who have committed a crime of those contemplated in this Decree prior to its entry into force, including those under prosecution or sentenced, the provisions of the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction and of the Industrial Property Law in force at the moment it was committed shall be applied.
THIRD.- The references that other provisions make to Article 194 of the Federal Code of Criminal Procedure with respect to the detention of persons in urgent cases shall be understood as made to Article 193 bis of the same instrument.
FOURTH.- The references that in this Decree are made to the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction shall be understood as made to the Federal Criminal Code, if the case arises of approving, and in due course publishing, the initiative by which various provisions in criminal matters are amended that the citizen President of the United Mexican States sent to the consideration of the Congress of the Union through the Senate of the Republic as Chamber of Origin, on 23 March 1999.
DECREE by which various provisions in criminal matters are amended.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- The mentions that in other provisions of a federal nature are made to the Criminal Code for the Federal District in Matters of Common Jurisdiction and for the Entire Republic in Matters of Federal Jurisdiction shall be understood as referring to the Federal Criminal Code.
DECREE by which various provisions of the Federal Criminal Code and of the Federal Code of Criminal Procedure are amended and added to.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Federal Criminal Code, the Federal Code of Criminal Procedure and the Organic Law of the Federal Judiciary.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- Within a period no greater than six months, the Federal Executive must create the necessary administrative structure in the Office of the Attorney General of the Republic for the attention of the crimes provided for in Articles 366, section III; 366 ter and 366 quáter provided for in this Decree.
For the purposes of the preceding paragraph, the Federal Executive is authorized to make the budgetary adjustments that result necessary.
"THIRD.- The crimes provided for in Articles 366 ter and 366 quáter of the Federal Criminal Code in force prior to the date of entry into force of this Decree shall continue to be applied with respect to acts committed during their validity."
FOURTH.- The provisions that oppose this Decree are repealed.
DECREE amending and adding various provisions of the Federal Criminal Code and the Federal Code of Criminal Procedure.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Federal Criminal and Federal Codes of Criminal Procedure.
FIRST.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- The articles of Title Twenty-Fifth of the Federal Criminal Code, in force until the entry into force of this decree, shall continue to apply to acts carried out during their period of validity. Likewise, said provisions shall continue to apply to persons prosecuted or sentenced for the crimes provided for and punished by the same articles. The foregoing without prejudice to applying, where applicable, the provisions of article 56 of the aforementioned Federal Criminal Code.
DECREE repealing the fifth paragraph of article 93 of the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Federal Criminal Code and the Federal Code of Criminal Procedure.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending subparagraph b), section I, of article 85 of the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending articles 25, second paragraph, 55 and 64, second paragraph of the Federal Criminal Code.
SOLE. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE adding subparagraph d) to section I of article 366 of the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending various provisions of the Criminal Code.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. To persons who have committed any crime of those contemplated in this Decree prior to its entry into force, the provisions in force at the time of its commission shall be applicable.
DECREE adding to the Federal Code of Criminal Procedure and the Federal Criminal Code.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- All provisions that oppose those contained in this Decree are repealed.
DECREE amending article 364 of the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Federal Code of Criminal Procedure and the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending section III of article 84 of the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding articles 15, 52, 72 and 73 of the Law of the National Human Rights Commission (Ley de la Comisión Nacional de los Derechos Humanos); 8 of the Federal Law of Administrative Responsibilities of Public Officials; and 214 section V of the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending, adding and repealing various provisions of the Federal Criminal Code, the Federal Code of Criminal Procedure and the Federal Law against Organized Crime, regarding child sexual exploitation.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE repealing various provisions of the Federal Criminal Code and adding various provisions to the Federal Civil Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending various provisions of the Federal Criminal Code; the Federal Code of Criminal Procedure; the Federal Law against Organized Crime; the Law of Credit Institutions; the Law of Savings and Popular Credit; the Law of Retirement Savings Systems; the Law of Investment Companies; the Securities Market Law; the Federal Law of Bonding Institutions; the General Law of Insurance Institutions and Mutual Companies; and the General Law of Organizations and Auxiliary Credit Activities.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND.- To persons who have committed a crime of those contemplated in this Decree prior to its entry into force, the provisions of the Federal Criminal Code in force at the time of its commission shall be applicable.
DECREE issuing the Law to Prevent and Punish Trafficking in Persons, and amending, adding and repealing various provisions of the Federal Law against Organized Crime; the Federal Code of Criminal Procedure and the Federal Criminal Code.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Executive shall issue the Regulation of the Law within a term of 120 business days.
DECREE amending the first paragraph of article 247 of the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending, adding and repealing various provisions of the Law of Credit Institutions, the General Law of Negotiable Instruments and Credit Operations, the Federal Code of Criminal Procedure and the Federal Criminal Code.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. The crimes provided for in articles 112 Bis of the Law of Credit Institutions and 240 Bis of the Federal Criminal Code in force until the entry into force of this decree shall continue to apply to acts carried out during their period of validity. Likewise, said provisions shall continue to apply to persons prosecuted or sentenced for the crimes provided for and punished by the same articles. The foregoing without prejudice to applying, where applicable, the provisions of article 56 of the aforementioned Federal Criminal Code.
Third. For the cases, subjects and effects of the preceding article, the crimes provided for in article 240 Bis of the Federal Criminal Code shall continue to be classified as serious in the terms of article 194 of the Federal Code of Criminal Procedure, for all applicable legal effects.
DECREE amending, adding and repealing various provisions of the Federal Code of Criminal Procedure, the Federal Law against Organized Crime, the Law Establishing Minimum Rules on Social Readaptation of Sentenced Persons, the Federal Criminal Code, the Law of the Federal Preventive Police, the Organic Law of the Office of the Attorney General of the Republic, the Federal Law of Administrative Responsibilities of Public Officials, and the Federal Law of Administrative Contentious Procedure.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND. The provisions of article 133 Bis of the Federal Code of Criminal Procedure shall remain in force until the accusatory procedural system referred to in the Decree amending articles 16, 17, 18, 19, 20, 21 and 22, sections XXI and XXIII of article 73, section VII of article 115 and section XIII of subsection B, of article 123 of the Political Constitution of the United Mexican States, published in the Official Gazette of the Federation on 18 June 2008, enters into force.
THIRD. Within the six months following the entry into force of this Decree, the competent authorities shall issue the administrative provisions necessary to regulate the receipt, transmission and conservation of the information derived from the detentions referred to in articles 193, 193 bis, 193 ter, 193 quáter, 193 quintus and 193 octavus of the Federal Code of Criminal Procedure.
DECREE amending, adding and repealing various provisions of the Law of Acquisitions, Leases and Services of the Public Sector, the Law of Public Works and Services Related to the Same, the Federal Law of Administrative Responsibilities of Public Officials and the Federal Criminal Code.
FIRST. This Decree shall enter into force thirty calendar days following its publication in the Official Gazette of the Federation, except for the provisions that for their application require the modifications to the CompraNet electronic system referred to in the Tenth transitory provision of this Decree.
SECOND. All provisions that oppose the provisions of this Decree are repealed.
THIRD. Until the corresponding amendments to the Regulation of the Law of Acquisitions, Leases and Services of the Public Sector and to the Regulation of the Law of Public Works and Services Related to the Same are issued, as well as the other administrative provisions derived from this Decree, the regulations of said laws and the administrative provisions in force on the matter shall continue to apply, insofar as they do not oppose this Decree.
FOURTH. The Ministry of the Public Function (Secretaría de la Función Pública) shall carry out each year an evaluation to determine the increase in the coverage of participation of the social witnesses referred to in articles 26 Ter of the Law of Acquisitions, Leases and Services of the Public Sector and 27 Bis of the Law of Public Works and Services Related to the Same. Likewise, that Ministry shall implement measures with the purpose of broadening said coverage to guarantee, within a term of ten years from the entry into force of this Law, the total coverage of social witnesses in public procurement.
FIFTH. For the adequate application of the criterion of evaluation of proposals through the mechanism of points and percentages referred to in articles 36 of the Law of Acquisitions, Leases and Services of the Public Sector and 38 of the Law of Public Works and Services Related to the Same, the Ministry of the Public Function shall issue, within a term no greater than ninety calendar days, counted from the entry into force of this Decree, the corresponding guidelines.
SIXTH. The guidelines referred to in the second paragraph of articles 48 of the Law of Acquisitions, Leases and Services of the Public Sector and of the Law of Public Works and Services Related to the Same shall be issued within a term no greater than six months, counted from the entry into force of the aforementioned legal provisions.
SEVENTH. The procurement procedures that are in process on the date of entry into force of this Decree shall continue to be processed until their conclusion in accordance with the provisions of the Law of Acquisitions, Leases and Services of the Public Sector and of the Law of Public Works and Services Related to the Same, as applicable, in force at the time of their initiation.
EIGHTH. The contracts entered into before the entry into force of this Decree shall continue to be governed until their termination by the provisions of the Law of Acquisitions, Leases and Services of the Public Sector and of the Law of Public Works and Services Related to the Same, as applicable, in force at the time of their execution.
NINTH. The conciliation, disagreement and sanction procedures that are in process or pending resolution on the date of entry into force of this Decree shall be substantiated and concluded in accordance with the provisions in force at the time such procedures were initiated.
TENTH. The adjustments to the CompraNet electronic government procurement system that allow the application of the reforms made by this Decree to the Law of Acquisitions, Leases and Services of the Public Sector and to the Law of Public Works and Services Related to the Same shall be completed within a term no greater than one year, counted from the date of entry into force of this Decree.
Within said term, as the modifications referred to in the preceding paragraph are made, the following shall enter into force: articles 37 fifth paragraph as regards the notification of the award in CompraNet; 48 second paragraph with respect to the obligation of the agencies and entities to consider the performance records of suppliers in the contracts in order to determine the percentages of the guarantees; 50 last paragraph, 56 and 69 second paragraph, of the Law of Acquisitions, Leases and Services of the Public Sector; 39 penultimate paragraph as regards the notification of the award in CompraNet; 48 second paragraph with respect to the obligation of the agencies and entities to consider the performance records of contractors in the contracts in order to determine the percentages of the guarantees; 51 last paragraph, 74 and 87 second paragraph, of the Law of Public Works and Services Related to the Same.
Until the provisions referred to in the preceding paragraph enter into force, the acts indicated therein shall continue to be carried out in accordance with the regulations in force.
Within a term of six months counted from the entry into force of this Decree, the information relating to the annual programs on acquisitions, leases and services and public works and services related to the same of the agencies and entities, the roster of social witnesses, the registry of sanctioned suppliers and contractors, and the testimonies of the social witnesses, referred to in articles 56 of the Law of Acquisitions, Leases and Services of the Public Sector and 74 of the Law of Public Works and Services Related to the Same, shall be available in CompraNet.
In the case of the agencies and entities that have a database on the performance of suppliers and contractors in the contracts they have entered into with them, they may apply upon the entry into force of this Decree the provisions of the second paragraph of article 48 of the Law of Acquisitions, Leases and Services of the Public Sector and of the second paragraph of article 48 of the Law of Public Works and Services Related to the Same, in accordance with the guidelines issued by the Ministry of the Public Function.
ELEVENTH. The Ministry of the Economy (Secretaría de Economía) shall progressively increase the percentage of national content referred to in section I of article 28 of the Law of Acquisitions, Leases and Services of the Public Sector, up to sixty-five percent, within a term of three years, counted from the entry into force of this Decree.
TWELFTH. The administrative unit of the Ministry of the Public Function referred to in articles 2 section II and 56 of the Law of Acquisitions, Leases and Services of the Public Sector and 2 section II and 74 of the Law of Public Works and Services Related to the Same shall not imply the creation of new organic and occupational structures, nor the creation of budgeted positions.
THIRTEENTH. The Ministry of the Public Function shall issue the guidelines that promote the expediting of payments to suppliers, which are regulated in article 51 of the Law of Acquisitions, Leases and Services of the Public Sector, within a term no greater than six months, counted from the entry into force of this Decree.
FOURTEENTH. Notwithstanding the exceptions to the bidding procedure provided for in article 42 of the Law of Public Works and Services Related to the Same, from the day following the publication of this Decree in the Official Gazette of the Federation and until 31 December 2009, any contracting for the construction, maintenance or repair of works shall also be excepted from the public bidding procedure, where it is accredited that there is intensive use of labor that represents at least 50% of the total cost of the project.
FIFTEENTH. The sum of the amounts of the contracts entered into during the year 2009, under article 43 of the Law of Public Works and Services Related to the Same, may not exceed thirty-five percent of the authorized budget to carry out public works and services related to the same; the amount assigned to each contractor may not exceed five percent of said budget.
SIXTEENTH. The Federal Executive shall inform the Budget and Public Account Committee of the Chamber of Deputies, as applicable, through the Permanent Commission of the Congress of the Union, on the progress in the savings generated as a result of the application of the measures relating to the rationalization of spending provided for in the Medium-Term Program, in accordance with the provisions of articles 45 and 61 of the Federal Law of Budget and Fiscal Responsibility; in article Second of the Decree amending, adding and repealing various provisions of the Federal Law of Budget and Fiscal Responsibility, the Organic Law of the Federal Public Administration, the Law of Fiscal Coordination, the Law of Acquisitions, Leases and Services of the Public Sector, and the Law of Public Works and Services Related to the Same, published in the Official Gazette of the Federation on 1 October 2007; as well as article 16 of the Decree of Budget of Expenditures of the Federation for fiscal year 2009.
The Budget and Public Account Committee of the Chamber of Deputies shall take into account the information rendered by the Federal Executive, with respect to the items indicated in article 16 of the Decree of Budget of Expenditures of the Federation for fiscal year 2009, for the purposes of the process of approval of the Budget of Expenditures of the Federation for fiscal year 2010.
SEVENTEENTH.- The Federal Executive, through the Ministry of the Public Function and the Ministry of the Environment and Natural Resources (Secretaría del Medio Ambiente y Recursos Naturales), within a term of 30 calendar days counted from the entry into force of this Decree, shall issue the guidelines for the due application of the provisions of the fourth paragraph of article 26 of the Law of Acquisitions, Leases and Services of the Public Sector.
DECREE adding various provisions to the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending, adding and repealing various provisions of the General Health Law, the Federal Criminal Code and the Federal Code of Criminal Procedure.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
For the purposes of the provisions of article 474 of the General Health Law, the local legislatures and the Legislative Assembly of the Federal District shall have a term of one year from the entry into force of this Decree to make the adjustments to the corresponding legislation.
The Federation and the federal entities shall have a term of three years from the entry into force of this Decree to carry out the necessary actions, as the case may be, in order to duly comply with the powers contained therein.
SECOND.- The criminal proceedings that are being substantiated at the entry into force of this Decree shall be continued in accordance with the provisions in force at the time of the commission of the acts.
THIRD.- To persons who have committed a crime of those contemplated in this Decree prior to its entry into force, including those prosecuted or sentenced, the provisions in force at the time it was committed shall be applicable.
FOURTH.- The competent authorities shall finance the actions derived from compliance with this Decree with the resources annually provided for in the Budget of Expenditures of the Federation, without prejudice to the resources that the federal entities contribute for such purposes.
FIFTH.- All provisions that oppose this Decree are repealed.
DECREE amending and adding various provisions of the Federal Criminal Code and the Federal Code of Criminal Procedure, regarding Crimes against Railway Transport.
Article First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Article Second.- The proceedings that are before the Judges of Common Jurisdiction of the States and of the Federal District shall continue in the same manner until their conclusion.
DECREE amending articles 429 of the Federal Criminal Code and 223 Bis of the Industrial Property Law.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Federal Criminal Code; the Federal Code of Criminal Procedure; the Law for the Protection of the Rights of Girls, Boys and Adolescents; the General Education Law; the Law of Religious Associations and Public Worship; the Federal Consumer Protection Law and the Regulatory Law of Article 5 of the Constitution relating to the practice of professions in the Federal District.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
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DECREE issuing the General Law to Prevent and Punish Crimes in Matters of Kidnapping, Regulatory of section XXI of article 73 of the Political Constitution of the United Mexican States; and amending, adding and repealing various provisions of the Federal Code of Criminal Procedure, the Federal Criminal Code, the Federal Law against Organized Crime, the Organic Law of the Federal Judiciary, the Law of the Federal Police, the Federal Telecommunications Law and the General Law of the National Public Security System
First. This Decree shall enter into force ninety days after its publication in the Official Gazette of the Federation.
Second. The criminal proceedings initiated before the entry into force of this Decree regarding crimes provided for therein shall continue to be processed until their conclusion in accordance with the provisions in force at the time of the commission of the acts that gave rise to them. The same shall be observed with respect to the execution of the corresponding penalties.
Third. All legal provisions that oppose this Decree are repealed.
Fourth. The implementation of this Decree shall be charged to the respective budgets approved for the instances of the three orders of government obligated to comply with the provisions hereof.
Fifth. The provisions relating to the crimes of kidnapping provided for both in the Federal Criminal Code and in the local Criminal Codes in force until the entry into force of this Decree shall continue to apply to acts carried out during their period of validity. Likewise, said provisions shall continue to apply to persons prosecuted or sentenced for the crimes provided for and punished by the same articles.
Sixth. The Attorney General of the Republic and the Attorneys General of Justice of the States and of the Federal District shall have one year counted from the publication of this Decree in the Official Gazette of the Federation to issue the corresponding administrative provisions on the protection of persons in the terms indicated by this Law, without prejudice to the protection measures they grant previously.
Seventh. The National Public Security Council and the National Conference on the Administration of Justice shall prepare a National Program to prevent, prosecute and punish the conduct provided for in this legal instrument, independently of the program of each entity in particular, having a term of six months, counted from the publication of this Decree in the Official Gazette of the Federation.
Eighth. The amendment to section XIV of article 44 of the Federal Telecommunications Law shall enter into force on the day following the publication of the Decree with respect to users of mobile telephony in any of its modalities acquired prior to the entry into force of this Decree and, with respect to new users of mobile telephony, in terms of the fourth transitory article of the decree of amendments to said law, published in the Official Gazette of the Federation on 9 February 2009.
Ninth. The Federal Public Defense Institute (Instituto Federal de Defensoría Pública) of the Federal Judiciary, within the scope of its competence, shall establish the areas specialized in the defense of victims of kidnapping, in the terms of the provisions of the law on the matter.
Tenth. For the establishment and organization of the specialized units against kidnapping referred to in this Law, the federal entities shall have the resources of the Fund for Support of Public Security that they have respectively received.
Eleventh. The Honorable Congress of the Union may empower the victims or offended parties by the crimes provided for in the General Law to Prevent and Punish Crimes in Matters of Kidnapping, Regulatory of article 73 section XXI of the Political Constitution of the United Mexican States, to exercise the right with respect to the exercise of criminal action before the judicial authority for the crime of kidnapping, in the law on the matter that is issued for such purpose.
Twelfth. Within a term of one hundred eighty days counted from the entry into force of this Law, the necessary adjustments shall be made to the applicable provisions so that the corresponding resources are destined to the Fund referred to in article 38 of the General Law to Prevent and Punish Crimes in Matters of Kidnapping, Regulatory of section XXI of article 73 of the Political Constitution of the United Mexican States.
DECREE amending, adding and repealing various provisions of the Federal Law of Economic Competition, the Federal Criminal Code and the Federal Fiscal Code.
ARTICLE FIRST. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation, except for the provisions of the third, fourth and sixth transitory articles below.
ARTICLE SECOND. Within a term no greater than six months from the entry into force of this decree, the Plenary shall publish the technical criteria referred to in article 24, section XVIII bis, subparagraphs a) to j) of the Federal Law of Economic Competition.
ARTICLE THIRD. Article 28, first and second paragraphs, of the Federal Law of Economic Competition shall enter into force once the current term of the President of the Commission concludes.
ARTICLE FOURTH. The investigations, verification visits, procedures and any other matter that are in process at the entry into force of this Decree shall be substantiated in accordance with the provisions in force at the time of their initiation.
The infractions and crimes committed prior to the date of entry into force of this Decree shall be sanctioned in accordance with the Law in force at the time of their commission.
ARTICLE FIFTH. The resources necessary for the implementation of this Decree shall be charged to the authorized budget of the Federal Economic Competition Commission (Comisión Federal de Competencia).
ARTICLE SIXTH. The amendment to article 39 of the Federal Law of Economic Competition shall enter into force once the courts specialized in economic competition matters are established by the Federal Judiciary and the procedural rules applicable to the ordinary administrative trial are issued in the corresponding legal provisions, within a term that does not exceed 180 calendar days from the entry into force of this Decree.
ARTICLE SEVENTH. The provisions that oppose this Decree are repealed.
DECREE issuing the Migration Law and amending, repealing and adding various provisions of the General Population Law, the Federal Criminal Code, the Federal Code of Criminal Procedure, the Federal Law against Organized Crime, the Law of the Federal Police, the Law of Religious Associations and Public Worship, the Foreign Investment Law, and the General Law of Tourism.
ARTICLE THIRD. Article 156 of the Federal Criminal Code is repealed, to read as follows:
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TRANSITORY PROVISIONS OF THE DECREE ISSUING THE MIGRATION LAW AND AMENDING, REPEALING AND ADDING VARIOUS PROVISIONS OF THE GENERAL POPULATION LAW, THE FEDERAL CRIMINAL CODE, THE FEDERAL CODE OF CRIMINAL PROCEDURE, THE FEDERAL LAW AGAINST ORGANIZED CRIME, THE LAW OF THE FEDERAL POLICE, THE LAW OF RELIGIOUS ASSOCIATIONS AND PUBLIC WORSHIP, THE FOREIGN INVESTMENT LAW, AND THE GENERAL LAW OF TOURISM.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND. The amendments to the General Population Law shall enter into force on the day following their publication in the Official Gazette of the Federation, except for the repeals of sections VII and VIII of article 3o. and of articles 7 to 75, which shall enter into force until the Regulation of the Migration Law is in force.
The amendments to the Law of Religious Associations and Public Worship, the Foreign Investment Law and the General Law of Tourism shall enter into force until the Regulation of the Migration Law is in force.
THIRD. The references that in other laws and other legal provisions are made to the General Population Law as regards matters of a migratory nature shall be understood as referring to the Migration Law.
FOURTH. The resolutions issued by the migration authority during the validity of the provisions of the General Population Law that are repealed shall have their full legal effects.
DECREE repealing Chapter IV of Title Fifteenth of Book Second of the Federal Criminal Code.
SOLE.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Federal Criminal Code, the Federal Code of Criminal Procedure and the Federal Law against Organized Crime.
SOLE. This Decree shall enter into force the day following its publication in the Official Gazette of the Federation.
DECREE amending various Federal Laws, with the purpose of updating all those articles that make reference to the Secretariats of State whose denomination was modified and to the Government of the Federal District as applicable; as well as eliminating the mention of the administrative departments that are no longer in force.
First. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. From the date on which this Decree enters into force, the provisions that contravene or oppose it are left without effect.
DECREE amending, adding and repealing various provisions of the Federal Code of Criminal Procedure, the Federal Criminal Code, the Federal Telecommunications Law, the Law Establishing Minimum Rules on Social Readaptation of Sentenced Persons and the General Law of the National Public Security System.
Sole Article.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
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DECREE issuing the General Law to Prevent, Punish and Eradicate the Crimes of Human Trafficking and for the Protection and Assistance of the Victims of these Crimes; and repealing the Law to Prevent and Punish Human Trafficking; and amending various provisions of the Federal Law against Organized Crime; of the Federal Code of Criminal Procedure; of the Federal Criminal Code; of the Organic Law of the Federal Judiciary; of the Federal Police Law and of the General Law of the National Public Security System.
First. This Law shall enter into force the day following its publication in the Official Gazette of the Federation.
Second to Eighth.- ……….
Ninth.- This Law repeals the crimes that are the object of the same, in the Federal Criminal Code and Federal Laws.
Tenth.- ……….
Eleventh.- The provisions relating to the crimes referred to in this Law provided for both in the Federal Criminal Code and in the local Criminal Codes in force until the entry into force of this Law shall continue to apply to acts carried out during their period of validity. Likewise, said provisions shall continue to apply to persons prosecuted or sentenced for the crimes provided for and punished by the same articles.
Twelfth to Fourteenth. ……….
……….
Article Fourth. Articles 85, section II and 205 bis, first paragraph of the Federal Criminal Code are amended, to read as follows:
……….
TRANSITORY
SOLE.- This Decree shall enter into force the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Federal Criminal Code, of the General Law on Women's Access to a Life Free of Violence, of the Organic Law of the Federal Public Administration and of the Organic Law of the Office of the Attorney General of the Republic.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. The actions that the Office of the Attorney General of the Republic (Procuraduría General de la República) must carry out, as applicable, shall be performed in accordance with the provisions of the sixth transitory provision of the General Law on Women's Access to a Life Free of Violence and of article 14 of the Organic Law of the Office of the Attorney General of the Republic.
DECREE amending section XVII of article 381 of the Federal Criminal Code.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Federal Code of Criminal Procedure, of the Organic Law of the Federal Judiciary, of the Organic Law of the Office of the Attorney General of the Republic and of the Federal Criminal Code.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Head of the Federal Executive shall have a term of 180 calendar days to issue the adaptations to the Regulation of the Organic Law of the Office of the Attorney General of the Republic (Procuraduría General de la República), in order to establish the administrative unit that hears the federal crimes committed against any journalist, person or installation that attack the right to information or the freedoms of expression or of the press, as well as for those crimes of the common jurisdiction that are attracted in accordance with the provisions of articles 73, section XXI, second paragraph, of the Constitution and 10 of the Federal Code of Criminal Procedure.
Third.- In the meantime the adaptations to the Regulation of the Organic Law of the Office of the Attorney General of the Republic referred to in the preceding transitory provision are issued, the Special Prosecutor's Office for the Attention of Crimes Committed against Freedom of Expression (Fiscalía Especial para la Atención de Delitos Cometidos contra la Libertad de Expresión), of the Office of the Attorney General of the Republic, shall exercise the powers established in this Decree.
DECREE issuing the Federal Law of Environmental Responsibility and amending, adding and repealing various provisions of the General Law of Ecological Equilibrium and Environmental Protection, of the General Law of Wildlife, of the General Law for the Prevention and Integral Management of Wastes, of the General Law of Sustainable Forest Development, of the National Waters Law, of the Federal Criminal Code, of the Law of Maritime Navigation and Commerce and of the General Law of National Assets.
FIRST.- This Decree shall enter into force thirty days following its publication in the Official Gazette of the Federation.
SECOND.- The Environmental Responsibility Fund must be constituted and its bases and operating rules drafted and approved within the one hundred eighty days following the entry into force of this Decree.
THIRD.- The District Courts specialized in environmental matters must be established within a maximum term of two years counted from the entry into force of this Decree. The specialized Jurisdiction in environmental matters may be granted to the District Courts in operation in each jurisdictional circuit or in accordance with what the Federal Judiciary Council (Consejo de la Judicatura Federal) provides, without this implying the creation of new jurisdictional bodies. The personnel of each of said District Courts shall receive specialized training in environmental regulations.
DECREE adding an article 97 Bis to the Federal Criminal Code.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending the first paragraph of article 60 of the Federal Criminal Code.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Federal Criminal Code; of the Federal Code of Criminal Procedure; of the Federal Law against Organized Crime; of the Federal Fiscal Code and of the Federal Law of Extinction of Ownership, Regulatory of Article 22 of the Political Constitution of the United Mexican States.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND. The legal provisions that establish measures and procedures to prevent and detect acts, omissions or operations of those established in article 400 Bis of the Federal Criminal Code, as well as acts or omissions that could favor, provide help, assistance or cooperation of any kind for the commission of the crimes provided in articles 139 or 148 Bis of the same Code, established in other laws, shall be understood henceforth as also applicable, insofar as relevant, for the prevention, identification and prosecution of the conducts provided in article 139 Quáter of the cited Federal Criminal Code.
THIRD. To those who have committed any of the crimes provided in articles 139; 148 Bis; 148 Quáter; 170 and 400 Bis, which are amended by virtue of this Decree prior to its entry into force, including those who are within any stage of the proceedings provided in the Federal Code of Criminal Procedure, the provisions in force at the moment in which it was committed shall continue to be applicable, and those sentenced shall serve their penalties and sanctions in the terms in which they were imposed.
DECREE issuing the Federal Law on Economic Competition and amending and adding various articles of the Federal Criminal Code.
First. This Decree shall enter into force forty-five calendar days following its publication in the Official Gazette of the Federation.
Second. The Federal Law on Economic Competition published in the Official Gazette of the Federation on 24 December 1992 is repealed.
The proceedings that are in process at the entry into force of this Decree shall be substantiated in accordance with the provisions in force at the moment of their initiation, before the administrative units that the organic statute issued in accordance with the following transitory provision establishes. The resolutions issued in said proceedings may only be challenged by means of the amparo proceeding, in accordance with the provisions of article 28 of the Political Constitution of the United Mexican States.
Third. In the case of the designation of the first holder as Investigating Authority, as regards the requirement established in section VII of article 31 of this Law, it shall be understood in the sense that during the three years prior to his appointment, he has not held any employment, position or managerial function, nor represented in any way the interests of any Economic Agent that has been subject to any of the proceedings provided in the Federal Law on Economic Competition published in the Official Gazette of the Federation on 24 December 1992, in force until before the entry into force of this Decree.
Fourth. The Plenary of the Commission shall adapt its Organic Statute to the provisions of this Decree within a term that shall not exceed thirty days counted from its entry into force. In the meantime the adaptation is carried out, the Organic Statute in force at the moment of the entry into force of this Decree shall continue to be applied, insofar as it does not oppose this Decree.
Fifth. Within the thirty days following the entry into force of this Decree, the Chamber of Deputies of the Congress of the Union shall form a technical working group, with the purpose of analyzing and formulating proposals of adjustments to the criminal legislation in force, in the matter that is the object of this Decree. The working group shall present the corresponding proposals within the sixty days following its installation.
Sixth. Within a term no greater than six months from the entry into force of this Decree, the Plenary shall publish the Regulatory Provisions to which article 12, section XXII of the Federal Law on Economic Competition refers.
Seventh. Within the term of one year counted from the entry into force of this Decree, the Congress of the Union shall make the adjustments to the legal framework in order to harmonize it with the principles on competition and free concurrence provided in article 28 of the Constitution. For the foregoing, the Congress of the Union may request the opinion of the Federal Economic Competition Commission (Comisión Federal de Competencia Económica).
DECREE amending various articles of the General Law to Prevent and Punish the Crimes of Kidnapping, Regulatory of section XXI of article 73 of the Political Constitution of the United Mexican States, and adding article 25 of the Federal Criminal Code.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE by which the Federal Telecommunications and Broadcasting Law and the Law of the Public Broadcasting System of the Mexican State are issued; and various provisions on telecommunications and broadcasting are amended, added and repealed.
FIRST. This Decree shall enter into force thirty calendar days following its publication in the Official Gazette of the Federation (DOF), without prejudice to the provisions of the following transitory provisions.
SECOND. The Federal Telecommunications Law and the Federal Radio and Television Law are repealed. Those provisions of the Law of General Means of Communication are left without effect insofar as they oppose the provisions of the Federal Telecommunications and Broadcasting Law (Ley Federal de Telecomunicaciones y Radiodifusión) issued by virtue of this Decree.
THIRD. The regulatory and administrative provisions and the Mexican official standards in force shall continue to be applied until the new instruments that replace them are issued, except insofar as they oppose the Federal Telecommunications and Broadcasting Law issued by virtue of this Decree.
FOURTH. The Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones) shall adapt its organic statute to the Federal Telecommunications and Broadcasting Law within the sixty calendar days following the entry into force of this Decree.
FIFTH. The Federal Executive shall issue, within the one hundred and eighty calendar days following the issuance of this Decree, the regulatory provisions and guidelines on content matters established in the Federal Telecommunications and Broadcasting Law issued by virtue of this Decree.
The concessionaires of broadcasting and of restricted television or audio may not promote video games that have not been classified in accordance with the applicable regulations, which the Federal Executive shall issue within the term referred to in the preceding paragraph.
SIXTH. The attention, processing and resolution of the matters and procedures that have begun prior to the entry into force of this Decree shall be carried out in the terms established in the Seventh Transitory Article of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013. The foregoing without prejudice to the provisions in the Twentieth Transitory Article of this Decree.
SEVENTH. Without prejudice to the provisions of the Federal Telecommunications and Broadcasting Law issued by virtue of the Decree, in the law and in the regulations that for that purpose the Federal Telecommunications Institute issues, the concessions and permits granted prior to the entry into force of this Decree shall be maintained in the terms and conditions set forth in the respective titles or permits until their termination, unless authorization is obtained to provide additional services to those that are the object of their concession or a transition has been made to the single concession provided in the Federal Telecommunications and Broadcasting Law, in which case the terms and conditions established by the Federal Telecommunications Institute shall govern.
In the case of radioelectric spectrum concessions, the term of the concession, the authorized coverage and the amount of Megahertz concessioned may not be modified, nor may the conditions to do or not to do provided in the original concession title that have been determining for the granting of the concession be modified.
The applications for extension of sound broadcasting concessions presented prior to the termination date of the original term established in the corresponding titles shall be resolved in terms of the provisions of article 114 of the Federal Telecommunications and Broadcasting Law, without the term provided for the extension application in question being applicable.
Paragraph added DOF 15-06-2018
EIGHTH. Except for the provisions of the Tenth and Eleventh Transitory Articles of this Decree, current concessionaires may obtain authorization from the Federal Telecommunications Institute to provide additional services to those that are the object of their concession or to transition to the single concession, provided that they are in compliance with the obligations provided in the laws and in their concession titles. Concessionaires that have radioelectric spectrum concessions shall pay the corresponding considerations in terms of the Federal Telecommunications and Broadcasting Law.
Concessionaires that have several concession titles, in addition to being able to transition to the single concession, may consolidate their titles in a single concession.
NINTH. As long as there is a preponderant economic agent in the telecommunications and broadcasting sectors, in order to promote competition and develop viable competitors in the long term, the concentrations carried out between economic agents holding concessions shall not require authorization from the Federal Telecommunications Institute, nor shall the assignments of concession and the changes of control deriving from these that meet the following requirements:
a.Generate a sectoral reduction of the Dominance Index "ID", provided that the Hirschman-Herfindahl index "IHH" does not increase by more than two hundred points;
b.Have as a result that the economic agent has a sectoral participation percentage lower than twenty percent;
c.That the preponderant economic agent in the sector in which the concentration is carried out does not participate in said concentration, and
d.Do not have as an effect diminishing, harming or impeding free competition and concurrence, in the corresponding sector.
By Hirschman-Herfindahl Index "IHH" is understood the sum of the squares of the participations of each economic agent (IHH=Σi qi2), in the corresponding sector, measured in the case of the telecommunications sector based on the indicator of number of subscribers and users of telecommunications services, and in the case of the broadcasting sector based on audience. This index may take values between zero and ten thousand.
To calculate the Dominance Index "ID", the percentage contribution hi of each economic agent to the IHH index defined in the preceding paragraph shall first be determined (hi = 100xqi2/IHH). Then the value of ID shall be calculated by applying the Hirschman-Herfindahl formula, but using now the contributions hi instead of the participations qi (that is, ID=Σi hi2). This index also varies between zero and ten thousand.
The economic agents shall present to the Federal Telecommunications Institute, within the 10 days following the concentration, a written notice that shall contain the information referred to in article 89 of the Federal Economic Competition Law referred to the corresponding sector as well as the evidence that demonstrates that the concentration complies with the preceding subparagraphs.
The Institute shall investigate said concentrations within a term no greater than ninety calendar days and in the event that it finds that there is substantial power in the market of telecommunications networks that provide voice, data or video services or in that of radio and television according to the corresponding sector, it may impose the necessary measures to protect and foster free competition and concurrence in said market, in accordance with the provisions of the Federal Telecommunications and Broadcasting Law and the Federal Economic Competition Law without prejudice to the concentrations referred to in this article.
The measures that the Institute imposes shall be extinguished once the preponderant economic agents are authorized the provision of additional services.
TENTH. The preponderant economic agents and the concessionaires whose concession titles contain some express prohibition or restriction to provide determined services, prior to the beginning of the procedure to obtain the authorization to provide additional services, shall prove before the Federal Telecommunications Institute and the latter shall supervise the effective compliance with the obligations provided in the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013, of the Telecommunications and Broadcasting Law, as well as of the Federal Economic Competition Law, their concession titles and applicable administrative provisions, in accordance with the following:
I.The preponderant economic agents shall prove before the Federal Telecommunications Institute that they are in effective compliance with the foregoing and with the measures issued by the Federal Telecommunications Institute itself referred to in sections III and IV of the Eighth Transitory Article of the aforementioned Decree. For such purpose, the Federal Telecommunications Institute shall establish the form and terms for presenting the respective information and documentation;
II.The preponderant economic agent shall be in effective compliance with the measures referred to in the preceding section I for at least eighteen months continuously;
III.Once the term referred to in the preceding section has elapsed and provided that it continues in compliance with the provisions of the preceding section I, the Federal Telecommunications Institute shall resolve and issue an opinion in which it certifies that effective compliance of the referred obligations was given, and
IV.Once the concessionaire has obtained the certification of compliance, it may request from the Federal Telecommunications Institute the authorization of the additional service.
The provisions of this article shall also be applicable in the event that the respective agents and concessionaires opt to transition to the single concession.
The provisions of this article shall not be applicable after five years counted from the entry into force of the Federal Telecommunications and Broadcasting Law, provided that the preponderant economic agent in the telecommunications sector is in compliance with the Eighth Transitory Article of this Decree, with the measures that have been imposed on it in accordance with the provisions of sections III and IV of the Eighth Transitory Article of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013, and with those that the Federal Telecommunications Institute has imposed on it in the terms of the Federal Telecommunications and Broadcasting Law.
ELEVENTH. The processing of the application referred to in the preceding article shall be subject to the following:
I.The preponderant economic agents and the concessionaires whose concession titles contain some express prohibition or restriction to provide determined services shall comply with the provisions in the guidelines of the Federal Telecommunications Institute in terms of the Fourth Transitory Article of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Constitution on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013;
II.When presenting the application, said agents and concessionaires shall accompany the compliance opinion referred to in section III of the preceding article, present the information that the Federal Telecommunications Institute determines regarding the services it intends to provide;
III.The Federal Telecommunications Institute shall resolve on the admissibility of the application within the sixty calendar days following its presentation, based on the general guidelines that for that purpose it issues and shall determine the considerations that proceed.
Once the term indicated in the preceding paragraph has elapsed without the Institute having resolved the corresponding application, the same shall be understood in the negative sense, and
IV.In the processing of the application, the Federal Telecommunications Institute shall ensure that the granting of the authorization does not generate adverse effects on competition and free concurrence.
It shall be understood that adverse effects on competition and free concurrence are generated, among other factors that the Federal Telecommunications Institute considers, when:
a.Said authorization may have as an effect increasing the participation in the corresponding sector of the preponderant economic agent or of the economic interest group to which the concessionaires whose concession titles contain some prohibition or restriction to provide determined services belong, with respect to the participation determined by the Federal Telecommunications Institute in the resolution by which it declared it a preponderant economic agent in the corresponding sector.
b.The authorization of additional services has as an effect conferring substantial power in the relevant market to any of the concessionaires or members of the preponderant economic agent or of the concessionaires whose concession titles contain some prohibition or restriction to provide determined services in the corresponding sector.
The provisions of this article shall be applicable in the event that the respective agents and concessionaires opt to transition to the single concession, and shall be independent of the economic sanctions that proceed in accordance with the Federal Telecommunications and Broadcasting Law.
TWELFTH. The preponderant economic agent in the telecommunications sector may opt at any time for the scheme provided in article 276 of the Federal Telecommunications and Broadcasting Law or exercise the right established by this article.
The preponderant economic agent in the telecommunications sector may present to the Federal Telecommunications Institute a plan based on a real, concrete situation and with respect to determined persons, that includes, where applicable, structural separation, the total or partial divestiture of assets, rights, partnership interests or shares or any combination of the preceding options in order to reduce its national participation below fifty percent of the telecommunications sector referred to in section III of the Eighth Transitory Article of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013, in accordance with the variables and measurement parameters used by the Federal Telecommunications Institute in the corresponding declaration of preponderance, and provided that with the execution of said plan conditions of effective competition are generated in the markets that make up said sector in accordance with the Federal Economic Competition Law. In the event that the preponderant economic agent exercises this option, the following shall govern:
I.When presenting the plan referred to in the preceding paragraph, the preponderant economic agent shall state in writing that it adheres to the provisions of this article and that it accepts its terms and conditions; likewise it shall accompany the information and documentation necessary that allows the Federal Telecommunications Institute to know and analyze the plan proposed;
II.In the event that the Federal Telecommunications Institute considers that the information presented is insufficient, within the term of 20 business days following the presentation of the plan, it shall require the preponderant economic agent to present the missing information within a term of 20 business days. In the event that the preponderant economic agent does not comply with the requirement within the indicated term or that in the judgment of the Institute the documentation or information presented is not sufficient or suitable to analyze the plan proposed, a second requirement may be made to it in the terms indicated above and in the event that it does not comply with this last requirement the plan shall be deemed not presented, without prejudice to the economic agent being able to present a new plan proposal in terms of this article;
III.Once the requirement has been attended in the terms formulated, the Federal Telecommunications Institute shall analyze, evaluate and, where appropriate, approve the proposed plan within the one hundred and twenty calendar days following. In the event that the Institute considers it necessary it may extend said term up to two occasions and up to ninety calendar days each.
To approve said plan the Federal Telecommunications Institute shall determine that the same effectively reduces the national participation of the preponderant economic agent below fifty percent in the telecommunications sector referred to in section III of the Eighth Transitory Article of the aforementioned Decree, that it generates conditions of effective competition in the markets that make up said sector in the terms of the Federal Economic Competition Law and that it does not have as an object or effect affecting or reducing the existing social coverage.
The plan shall have as a result that the participation in the sector that the preponderant agent diminishes be transferred to another or other economic agents different and independent from the preponderant economic agent. When approving the plan, the Federal Telecommunications Institute shall ensure the effective separation and independence of those agents and shall establish the terms and conditions necessary for that situation to be duly safeguarded;
IV.In the event that the Federal Telecommunications Institute approves the plan, the preponderant economic agent in the telecommunications sector shall have a term of up to ten business days to state that it accepts the plan and expressly consents to the tariffs that derive from the application of subparagraphs a) and b) of the second paragraph of article 131 of the Federal Telecommunications and Broadcasting Law, and sections VI to VIII of this article.
Once the plan is accepted by the preponderant economic agent, it may not be modified and shall be executed in its terms, without said agent being able to exercise again the benefit that this article grants and without prejudice to it being able to opt for the provisions of article 276 of the Federal Telecommunications and Broadcasting Law;
V.The plan shall be executed during the 365 calendar days following its acceptance in terms of section IV. The economic agents involved in the plan shall inform with the periodicity that the Federal Telecommunications Institute establishes on the process of execution of the plan. In the event that the preponderant economic agent proves that the lack of compliance with the plan within the referred term is due to causes that are not attributable to it, it may request from the Federal Telecommunications Institute an extension, which may be granted for a term of up to 120 calendar days, on a single occasion and provided that said causes are duly justified;
VI.From the date on which the preponderant economic agent in the telecommunications sector has accepted the plan and during the term referred to in the preceding section, the reciprocal traffic compensation agreements referred to in the first paragraph of article 131 of the Federal Telecommunications and Broadcasting Law shall be applied provisionally between the preponderant economic agent in the telecommunications sector and the other concessionaires, and the tariffs that derive from the application of subparagraphs a) and b) of the second paragraph of said article shall be suspended between them;
VII.The Federal Telecommunications Institute shall certify that the plan has been effectively executed within the term indicated in section V of this article. For such purpose, within the 5 business days following the end of the execution term or, where appropriate, the end of the corresponding extension, the Federal Telecommunications Institute shall begin the studies that demonstrate that its execution generated conditions of effective competition in the markets that make up the telecommunications sector, in accordance with the Federal Economic Competition Law.
Once the certification referred to in the preceding paragraph is granted, the traffic compensation agreements referred to in the first paragraph of article 131 of the cited Law shall be applied in a general manner for all concessionaires;
VIII.In the event that the plan is not executed within the term referred to in section V or, where appropriate, at the end of the corresponding extension, or the Federal Telecommunications Institute denies the certification referred to in the preceding section or determines that total compliance of said plan was not given in the approved terms, the reciprocal traffic compensation agreements and the suspension of the tariffs referred to in subparagraphs a) and b) of article 131 of the Federal Telecommunications and Broadcasting Law shall be left without effect, between the preponderant economic agent in the telecommunications sector and the other concessionaires, and their application shall be retroactive to the date on which the suspension began, said agent being obliged to restore to the other concessionaires the amounts corresponding to the application of the cited tariffs. In this case, the cited concessionaires may offset the amounts to be restored against other amounts that the preponderant economic agent owes them;
IX.The Federal Telecommunications Institute shall authorize the economic agent that proposed the plan and the economic agents resulting or that form part of said plan, the provision of additional services to those that are the object of their concession or their transition to the single concession model, as of the moment it certifies that the plan has been effectively executed and provided that with the execution of said plan conditions of effective competition are generated in the markets that make up the telecommunications sector in accordance with the Federal Economic Competition Law;
X.Once the Federal Telecommunications Institute certifies that the approved plan has been effectively executed, it shall proceed to extinguish:
a.The resolutions by which it has determined the economic agent as preponderant in the telecommunications sector as well as the asymmetric measures that it has imposed on it in the terms of the provisions in sections III and IV of the Eighth Article of the aforementioned Decree, and
b.The resolutions by which it has determined the economic agent with substantial power in any market, as well as the specific measures that it has imposed on it.
THIRTEENTH. The Federal Executive through the Ministry of Communications and Transport (Secretaría de Comunicaciones y Transportes) shall carry out the actions tending to install the shared public telecommunications network referred to in the Sixteenth transitory article of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013.
In the event that the Federal Executive requires frequency bands of the spectrum released by the transition to Digital Terrestrial Television (700 MHz band) to grow and strengthen the shared network indicated in the preceding paragraph, the Federal Telecommunications Institute shall grant them directly, provided that said network is maintained under the control of a public entity or agency or under a public-private association scheme.
FOURTEENTH. The Federal Telecommunications Institute shall implement a professional service system within the one hundred and eighty calendar days following the entry into force of this Decree, which shall contain, among other aspects, the recognition of the rights of the employees of the Federal Telecommunications Commission that are certified as professional service employees.
FIFTEENTH. The Federal Telecommunications Institute shall install its Advisory Council within the one hundred and eighty calendar days following the entry into force of this Decree.
SIXTEENTH. The Ministry of Communications and Transport shall establish the mechanisms to carry out the coordination provided in article 9, section V of the Federal Telecommunications and Broadcasting Law, within the one hundred and eighty calendar days following the entry into force of this Decree.
SEVENTEENTH. The broadcasting permits that are in force or in the process of endorsement at the entry into force of this Decree shall transition to the corresponding concession regime within the year following the entry into force of the Federal Telecommunications and Broadcasting Law, in the terms that the Institute establishes. The permits that have been granted to the powers of the Union, of the states, the Government bodies of the Federal District, the municipalities, the autonomous constitutional bodies and public higher education institutions shall transition to the public use concession regime, while the rest of the permits granted shall do so to the social use concession regime.
To transition to the corresponding concession regime, the permit holders shall present an application to the Federal Telecommunications Institute, which shall resolve what is appropriate, within a term of ninety business days.
While the transition is carried out, said permits shall be governed by the provisions of the Federal Telecommunications and Broadcasting Law for public or social use concessions, as the case may be.
In the event of not complying with this article, the permits shall conclude their term.
EIGHTEENTH. The Federal Telecommunications Institute shall issue within the one hundred and eighty days following the entry into force of the Federal Telecommunications and Broadcasting Law, the work program to reorganize the radioelectric spectrum to radio and television stations referred to in subparagraph b) of section V of the Seventeenth transitory article of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013. In the determination of the work program, the Institute shall seek the development of the relevant market of radio, the migration of the greatest possible number of stations of AM band concessionaires to FM, the strengthening of the conditions of competition and the continuity in the provision of the services.
NINETEENTH. The digital terrestrial transition shall culminate on 31 December 2015.
The Federal Executive, through the Ministry of Communications and Transport, shall implement the programs and actions linked to the policy of transition to digital terrestrial television, for the delivery or distribution of receiving or decoding equipment referred to in the third paragraph of the Fifth transitory article of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013.
The Federal Telecommunications Institute shall conclude the transmission of analog signals of broadcast television in the entire country, at the latest on 31 December 2015, once a penetration level of ninety percent of low-income households defined by the Ministry of Social Development (Secretaría de Desarrollo Social) is reached, with receivers or decoders suitable for receiving digital signals of broadcast television.
For the foregoing, the Federal Telecommunications Institute shall conclude the analog signals of broadcast television in advance of 31 December 2015, by coverage area of said signals, once the penetration level referred to in the preceding paragraph is reached, in the corresponding area.
The Ministry of Communications and Transport and the Federal Telecommunications Institute shall carry out dissemination campaigns for the delivery or distribution of equipment and for the conclusion of the transmission of analog television signals, respectively.
The concessionaires and permit holders of broadcast television shall be obliged to carry out all the investments and installations necessary to transition to digital terrestrial television at the latest on 31 December 2015. The Federal Telecommunications Institute shall supervise the due compliance with the cited obligation.
Those permit holders or concessionaires of public or social use, including the community and indigenous ones, that provide the broadcasting service and that are not in conditions to begin digital transmissions on 31 December 2015, shall, prior to that date, give notice to the Federal Telecommunications Institute, in the terms provided in article 157 of the Federal Telecommunications and Broadcasting Law so that the temporary suspension of their transmissions is authorized to them or, where appropriate, they reduce their apparent radiated power so that the continuity program referred to in the following paragraph of this article is applicable to them. The terms that the Institute authorizes shall in no case exceed 31 December 2016.
Paragraph added DOF 18-12-2015
In the event that for the dates of anticipated conclusion of the analog signals of broadcast television by coverage area or that on 31 December 2015, the current broadcast television stations with an apparent radiated power lesser than or equal to 1 kW for VHF channels and 10 kW for UHF channels, are not transmitting digital terrestrial television signals and/or the penetration level indicated in the third and fourth paragraphs of this article has not been reached, whether in any region, locality or in the entire country; the Federal Telecommunications Institute shall establish a program so that the population continues receiving this public service of general interest in the respective areas, while digital transmissions begin and/or the penetration levels indicated in this article are reached. The holders of the stations shall carry out the investments and installations necessary in accordance with the terms provided in the program. In no case shall the actions deriving from this program exceed 31 December 2016.
Paragraph amended DOF 18-12-2015
The legal, administrative or regulatory provisions are repealed insofar as they oppose this transitory provision.
TWENTIETH. The Federal Telecommunications Institute shall apply article 131 of the Federal Telecommunications and Broadcasting Law and others that result applicable in interconnection matters in terms of the same, and shall guarantee the due compliance with the obligations established in said precepts, which shall be enforceable without prejudice and independent of the fact that at the entry into force of the Law, it had already determined the existence of a preponderant economic agent and imposed measures necessary to avoid affecting competition and free concurrence in accordance with section III of the Eighth Transitory Article of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013.
For the effects of the provisions in subparagraph b) of article 131 of the Federal Telecommunications and Broadcasting Law, and until the concessionaires referred to in that subparagraph agree on the corresponding interconnection tariffs or, where appropriate, the Institute resolves any dispute regarding said tariffs, those that currently apply shall remain in force, except in the case of the economic agent referred to in the second paragraph of article 131 of the cited Law, to which subparagraph a) of the same article shall be applicable.
TWENTY-FIRST. For the attention, promotion and supervision of the users' rights provided in the Federal Telecommunications and Broadcasting Law, and in the Federal Consumer Protection Law, the Federal Consumer Protection Agency (Procuraduría Federal del Consumidor, PROFECO) shall create a specialized area with a level not lower than Deputy Attorney's Office, as well as the structure necessary for that, in accordance with the budget that the Chamber of Deputies approves for it for such purpose.
TWENTY-SECOND. The Federal Telecommunications Institute shall issue the general administrative provisions referred to in Title Eight of the Federal Telecommunications and Broadcasting Law, within a maximum term of ninety calendar days counted from the entry into force of this Decree.
TWENTY-THIRD. The budgetary impact that is generated as a result of the entry into force of this Decree in matters of personal services, as well as the establishment of new attributions and activities in charge of the Federal Telecommunications Institute, shall be covered with charge to the budget approved annually by the Chamber of Deputies to said body.
TWENTY-FOURTH. In accordance with the provisions in the Fifteenth, Sixteenth and Seventeenth transitory articles of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters, published in the Official Gazette of the Federation on 11 June 2013, the last paragraph of article 14 of the Federal Revenue Law for Fiscal Year 2014 is repealed.
TWENTY-FIFTH. The provisions of section V of article 118 of the Federal Telecommunications and Broadcasting Law shall enter into force on 1 January 2015, so that as of that date the concessionaires of public telecommunications networks that provide fixed, mobile or both services may not make national long distance charges to their users for the calls they make to any national destination.
Without prejudice to the foregoing, the concessionaires shall carry out the consolidation of all the local service areas existing in the country in accordance with the guidelines that for that purpose the Federal Telecommunications Institute issues. Each concessionaire shall assume the costs that originate as a result of said consolidation.
Likewise, the Federal Telecommunications Institute, within the one hundred and eighty days following the entry into force of this Decree, shall define the interconnection points to the public telecommunications network of the preponderant economic agent or one with substantial power.
The administrative resolutions that have been issued shall be left without effect insofar as they oppose the provisions of this transitory provision.
The concessionaires shall maintain the numbering that has been assigned to them in order to use it for intelligent network services in their collect call modalities and other special services, such as numbers 900.
TWENTY-SIXTH. The Federal Executive shall send to the Senate of the Republic or, where appropriate, to the Permanent Commission, the proposal of designation of the President of the Mexican State Public Broadcasting System, within the thirty calendar days following the entry into force of this Decree.
The Senate or, where appropriate, the Permanent Commission, shall designate the President of the System within the thirty calendar days following the one in which it receives the proposal of the Federal Executive.
TWENTY-SEVENTH. The representatives of the Ministries of State that make up the Governing Board of the Mexican State Public System shall be designated within the sixty calendar days following the entry into force of this Decree.
TWENTY-EIGHTH. The designation of the members of the Citizens' Council of the Mexican State Public Broadcasting System shall be made within the sixty calendar days following the entry into force of this Decree.
TWENTY-NINTH. The President of the Mexican State Public Broadcasting System shall submit to the Governing Board, for its approval, the draft Organic Statute, within the ninety calendar days following its appointment.
THIRTIETH. As of the entry into force of this Decree the decentralized body called Agency for the Promotion of Audiovisual Media (Organismo Promotor de Medios Audiovisuales), is transformed into the Mexican State Public Broadcasting System, which shall have the human, budgetary, financial and material resources of the cited body.
While the Organic Statute of the Mexican State Public Broadcasting System is issued, the Organic Statute of the Agency for the Promotion of Audiovisual Media shall continue to be applied, insofar as it does not oppose the Law of the Mexican State Public Broadcasting System.
The labor rights of the personnel of the Agency for the Promotion of Audiovisual Media shall be respected in accordance with the law.
THIRTY-FIRST. The human, budgetary, financial and material resources of the Agency for the Promotion of Audiovisual Media shall become part of the Mexican State Public Broadcasting System once its President is appointed, without detriment to the labor rights of its employees.
THIRTY-SECOND. The Ministry of the Interior (Secretaría de Gobernación) shall coordinate with the corresponding authorities for the exercise of the attributions that in matters of monitoring establishes the Federal Telecommunications and Broadcasting Law.
The Chamber of Deputies shall allocate the necessary resources to guarantee the adequate exercise of the attributions referred to in this transitory provision.
THIRTY-THIRD. The Federal Telecommunications Institute shall issue the guidelines referred to in section III of article 158 of the Federal Telecommunications and Broadcasting Law, within a term no greater than 180 calendar days counted from the day following the entry into force of this Decree.
THIRTY-FOURTH. The Chamber of Deputies shall allocate to the Mexican State Public Broadcasting System economic resources in accordance with its objectives and functions, for which it shall consider:
I.Its growth plans;
II.Its operating expenses, and
III.Its financial balance.
THIRTY-FIFTH. With the exception of the provisions of the Twentieth Transitory Article, by which the Federal Telecommunications Institute is obliged to apply article 131 of the Federal Telecommunications and Broadcasting Law that is issued by virtue of this Decree and others that result applicable in interconnection matters in terms of the same, the administrative resolutions that the Federal Telecommunications Institute has issued prior to the entry into force of this Decree in matters of preponderance shall continue producing all their effects.
THIRTY-SIXTH. The Federal Telecommunications Institute within the 180 days following the entry into force of this Decree, shall carry out the corresponding studies to analyze whether it is necessary to establish mechanisms that promote and incentivize the concessionaires to include a programming block aimed at children in which culture, sports, the conservation of the environment, respect for human rights, the best interests of the child, gender equality and non-discrimination are promoted.
THIRTY-SEVENTH. For the effects of the public prosecution authorities referred to in section I of article 190 of the Federal Telecommunications and Broadcasting Law, the provisions of the Federal Telecommunications Law in matters of geographic location in real time shall continue in force until the National Code of Criminal Procedure enters into force.
THIRTY-EIGHTH. The Federal Telecommunications Institute shall issue within the sixty business days following the entry into force of the Federal Telecommunications and Broadcasting Law, the necessary administrative rules that eliminate requirements that may delay or impede number portability and, where appropriate, promote that it be done through electronic means.
The rules referred to in the preceding paragraph shall guarantee an effective portability and that the same be carried out within a term no greater than 24 hours counted from the application made by the holder of the respective number.
To carry out said porting only the identification of the holder and the manifestation of will of the user shall be necessary. In the case of legal persons the procedure shall be carried out by the representative or legal attorney who proves its legal standing in terms of the applicable regulations.
THIRTY-NINTH. For the effects of the provisions of article 264 of the Federal Telecommunications and Broadcasting Law, the Federal Telecommunications Institute shall begin, without prejudice to the provisions of the Ninth Transitory Article of this Decree, within the thirty calendar days following its entry into force, the corresponding investigation procedures in terms of the Federal Economic Competition Law, in order to determine the existence of economic agents with substantial power in any of the relevant markets of the telecommunications and broadcasting sectors, among which the national market of audio and video associated through public telecommunications networks shall be included and, where appropriate, impose the corresponding measures.
FORTIETH. The preponderant economic agent in the telecommunications sector or the agent with substantial power in the corresponding relevant market shall be obliged to comply with the provisions of articles 138, section VIII, 208 and in sections V and VI of article 267 of the Federal Telecommunications and Broadcasting Law, as of its entry into force.
FORTY-FIRST. The higher education institutions of public character, that at the date of entry into force of this Decree, have broadcasting media referred to in articles 67 section II and 76 section II of the Federal Telecommunications and Broadcasting Law, shall not receive additional budget for that object.
FORTY-SECOND. The concession to install, operate and exploit a public telecommunications network that, in the terms of the Fifteenth Transitory Article of the Decree amending and adding various provisions of articles 6o, 7o, 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters, must be assigned by the Federal Electricity Commission (Comisión Federal de Electricidad) to Telecomunicaciones de México, shall not be subject to the provisions in articles 140 and 144 of the Federal Telecommunications and Broadcasting Law, exclusively with respect to those contracts in force at the date of publication of this Decree that have been entered into between the Federal Electricity Commission and those natural or legal persons that, in accordance with the same Law, are to be considered as end users.
Said contracts shall be assigned by the Federal Electricity Commission to Telecomunicaciones de México, together with the corresponding concession title. Telecomunicaciones de México shall assign the referred contracts in favor of other concessionaires authorized to provide services to end users, within the six months following the date on which they have been assigned to it.
In the event that there is a technical, legal or economic impediment for Telecomunicaciones de México to assign the referred contracts, these shall be maintained in force at most until the date indicated in them for their termination, without being able to be renewed or extended for new periods.
FORTY-THIRD. Within a term that shall not exceed 36 months from the entry into force of this Decree, the signals of the commercial use concessionaires that transmit broadcast television and that cover more than fifty percent of the national territory shall have Mexican sign language or closed captioning in the national language, in the programming they transmit from 06:00 to 24:00 hours, excluding advertising and other cases that the Federal Telecommunications Institute establishes, attending to the best international practices. The federal public entities that are public use concessionaires of broadcast television shall be subject to the same obligation.
FORTY-FOURTH. In relation to the obligations established in matters of accessibility for persons with disabilities referred to in the Federal Telecommunications and Broadcasting Law for the audience defenders, the concessionaires shall have a term of up to ninety calendar days from the entry into force of this Decree to begin the corresponding adequacies and mechanisms.
FORTY-FIFTH. The restriction to access the infrastructure sharing of the preponderant economic agent in broadcasting, provided in section VII of article 266 of the Federal Telecommunications and Broadcasting Law, shall not be applicable to the concessionaire or concessionaires resulting from the bidding of the new digital open television chains referred to in section II of the Eighth Transitory Article of the Decree amending and adding various provisions of articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States, on telecommunications matters.
DECREE by which articles 222 and 222 Bis of the Federal Criminal Code and article 13 of the Federal Law for the Protection of Persons Involved in Criminal Proceedings are amended.
Sole Article.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the Nineteenth Transitory Article of the Decree by which the Federal Telecommunications and Broadcasting Law and the Law of the Public Broadcasting System of the Mexican State are issued; and various provisions on telecommunications and broadcasting are amended, added and repealed, published on 14 July 2014, is amended.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. Upon the entry into force of this Decree, all legal, regulatory and administrative provisions that oppose it are repealed.
Third. From the beginning of the pre-campaigns and until the day of the election, the Federal Government and the governments of the states (federal entities) and municipalities shall suspend the distribution or replacement of receiving or decoding equipment, as well as the digital television delivery programs that they carry out in those states (federal entities) in which electoral processes take place during 2016. The National Electoral Institute (Instituto Nacional Electoral) shall verify compliance with this provision and shall apply, as the case may be, the corresponding sanctions. The delivery, distribution or replacement of receiving equipment, decoders, or digital televisions in contravention of the provisions of this article shall be sanctioned in terms of the General Law on Electoral Institutions and Procedures.
DECREE by which the Federal Law to Prevent and Punish Crimes Committed in Matters of Hydrocarbons is issued; and various provisions of the Federal Code of Criminal Procedure; of the Federal Criminal Code; of the Federal Law against Organized Crime; of the Federal Law on Asset Forfeiture, regulatory of Article 22 of the Political Constitution of the United Mexican States; of the Federal Fiscal Code and of the National Code of Criminal Procedure are amended, added and repealed.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The criminal proceedings initiated before the entry into force of this Decree shall continue to be processed until their conclusion in accordance with the provisions in force at the moment of the commission of the acts that gave rise to them.
Third.- As of the entry into force of this Decree, in the event that the Federal Law to Prevent and Punish Crimes Committed in Matters of Hydrocarbons contemplates a legal description of a criminal conduct that in the former Federal Criminal Code or Federal Fiscal Code was contemplated as a crime and by virtue of the present amendments is named, penalized or aggravated in a different manner, as long as the conducts and the acts respond to the description now established, the following shall apply:
I.In the proceedings initiated, in which accusatory conclusions have not yet been formulated, the Federal Public Prosecutor's Office shall formulate them in accordance with the resulting transfer of the offense type;
II.In the proceedings pending judgment in first and second instance, the judge or the Court, respectively, may carry out the transfer of the offense type in accordance with the conduct that has been proven and its modalities; and
III.The executing authority, when applying any modality of benefit for the sentenced person, shall consider the penalties that have been imposed, based on the transfer of the offense type, according to the corresponding modalities.
Fourth.- The pecuniary sanctions provided for in the Federal Law to Prevent and Punish Crimes Committed in Matters of Hydrocarbons shall be adjusted, as the case may be, to the equivalent measurement and updating unit provided for by law in the Mexican criminal system.
Fifth.- The expenditures generated by reason of the entry into force of this Decree for the agencies and entities of the Federal Public Administration shall be covered with the resources that the Chamber of Deputies approves in the Budget of Expenditures of the Federation for the corresponding fiscal year, for which reason no additional resources shall be authorized for the present fiscal year and the subsequent ones.
DECREE by which various provisions of the Commercial Code and of the Federal Criminal Code are amended and added.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Ministry (Secretaría) shall issue, within a term of 360 calendar days, counted from the entry into force of this Decree, the guidelines of general character that are necessary, in order to establish the procedures that make the implementation of the present amendments technologically and operatively viable.
DECREE by which the National Law on Criminal Enforcement is issued; sections XXXV, XXXVI and XXXVII and a fifth paragraph are added, and the third paragraph of article 225 of the Federal Criminal Code is amended.
First. This Law shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
For the purposes indicated in the third paragraph of the second transitory article of the Decree by which various provisions of the Political Constitution of the United Mexican States are amended and added, published in the Official Gazette of the Federation (DOF) on 18 June 2008, it is declared that the present legislation adopts the accusatory criminal procedural system and shall enter into force in accordance with the following transitory articles.
Second. Sections III and X and the seventh paragraph of article 10; articles 26 and 27, section II of article 28; section VII of article 108; articles 146, 147, 148, 149, 150 and 151 shall enter into force as of one year from the publication of this Law or on the day following the publication of the Declaration that for that purpose the Congress of the Union or the legislatures of the states (federal entities) issue within the scope of their competences, without being able to exceed 30 November 2017.
Articles 31, 32, 33, 34, 35, 36, 59, 60, 61, 75, 77, 78, 80, 82, 83, 86, 91, 92, 93, 94, 95, 96, 97, 98, 99, 128, 136, 145, 153, 165, 166, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 192, 193, 194, 195, 200, 201, 202, 203, 204, 205, 206 and 207 shall enter into force no later than two years after the publication of this Law or on the day following the publication of the Declaration that for that purpose the Congress of the Union or the legislatures of the states (federal entities) issue within the scope of their competences, without being able to exceed 30 November 2018.
In the Federal order, the Congress of the Union shall issue the Declaration, upon prior joint request of the Coordinating Council for the Implementation of the Criminal Justice System (Consejo de Coordinación para la Implementación del Sistema de Justicia Penal) or the instance that, as the case may be, remains charged with coordinating the consolidation of the Criminal Justice System, and the National Conference of the Penitentiary System (Conferencia Nacional del Sistema Penitenciario).
In the case of the states (federal entities), the corresponding legislative organ shall issue the Declaration upon prior request of the authority charged with the implementation of the Criminal Justice System in each of them.
In the states (federal entities) where the new Criminal Justice System is in force, the corresponding legislative organ shall issue within the following ten days the annex to the Declaration for the beginning of force of this Law.
Third. As of the entry into force of this Law, the Law that Establishes the Minimum Standards on Social Readaptation of Sentenced Persons and those that regulate the execution of criminal sanctions in the states (federal entities) shall be abrogated.
The procedures that are in process at the entry into force of the present ordinance shall continue with their substantiation in accordance with the legislation applicable at the beginning of the same, and must apply the mechanisms of jurisdictional control provided for in this Law, in accordance with the pro persona principle established in article 1o. Constitutional.
As of the entry into force of this Law, all normative provisions that contravene it are repealed.
Fourth. As of the entry into force of this Law, the norms contained in the Federal Criminal Code and special laws of the federation relative to the partial remission of the penalty, preparative liberty and substitution of the penalty during execution are repealed.
The states (federal entities) shall adapt their legislation in order to repeal the norms relative to the partial remission of the penalty, preparative liberty and substitution of the penalty during execution, within the scope of their respective competences.
The states (federal entities) shall legislate in their criminal codes on the responsibilities of the liberty supervisors.
Fifth. Within a term that does not exceed one hundred eighty calendar days after the publication of this Decree, the Federation and the states (federal entities) shall publish the amendments to their laws that result necessary for the implementation of this Law, as well as the provisions of article 92, section V in matters of social security.
Upon the entry into force of this Law, in those places where its beginning is determined, both in the federal and local scope, there shall be the corresponding administrative provisions of general character, and the homologation of methodological, technical and procedural criteria may be provided for, for which the authorities involved may coordinate.
Sixth. The expenditures generated by reason of the entry into force of this Decree for the Federal Judiciary, the agencies and entities of the Federal Public Administration shall be covered with charge to their budgets for the present fiscal year and the subsequent ones.
Likewise, the states (federal entities) shall make the budgetary provisions and adjustments necessary to comply with the obligations established in this Decree.
Seventh. The Federal Judiciary Council (Consejo de la Judicatura Federal), the Federal Institute of Public Defense (Instituto Federal de la Defensoría Pública), the Office of the Attorney General of the Republic (Procuraduría General de la República), the Ministry of the Interior (Secretaría de Gobernación), the Ministry of Labor and Social Welfare, the Ministry of Economy (Secretaría de Economía), the Ministry of Public Education (Secretaría de Educación Pública), the Ministry of Culture (Secretaría de Cultura), the Ministry of Social Development (Secretaría de Desarrollo Social), the Ministry of Health (Secretaría de Salud), the National Commission of Physical Culture and Sports (Comisión Nacional de Cultura Física y Deporte), the Executive Commission for Attention to Victims (Comisión Ejecutiva de Atención a Víctimas) and every agency or entity of the Federal Public Administration and their equivalents in the states (federal entities) to which direct or indirect responsibilities are conferred in this Law, shall provide in their programs for the adequate and correct implementation, and shall establish within the respective budget projects the items necessary to attend to the execution of those programs, the infrastructure works, the hiring of personnel, the training and all the other requirements necessary to fulfill the objectives of this Law.
Eighth. The Coordinating Council for the Implementation of the Criminal Justice System shall constitute a Committee for the Implementation, Evaluation and Follow-up of the Criminal Enforcement System (Comité para la Implementación, Evaluación y Seguimiento del Sistema de Ejecución Penal) which shall be presided over by the National Conference of the Penitentiary System, which shall render a semiannual report to the Coordinating Council. The foregoing with the purpose of coordinating, collaborating with and supporting the federal authorities and the states (federal entities) when they so request.
The Penitentiary Authority (Autoridad Penitenciaria) shall have a term of four years, from the publication of this Decree, to train, adapt the penitentiary establishments and their installed capacity, equip, develop information and communication technologies, as well as adapt their organizational structure. All of this in accordance with the plans of activities registered before the Committee referred to in the preceding paragraph.
The Coordinating Council shall present annually before the Chambers of the Congress of the Union an annual report of the follow-up to the implementation of the Criminal Enforcement System.
Ninth. Within the one hundred eighty calendar days following the entry into force of this Decree, the National Conference of the Penitentiary System shall issue a General Agreement (Acuerdo General) in which a gradual regime is established by virtue of which the Penitentiary Authorities, within the scope of their competences, shall destine special spaces of confinement, within the penitentiary establishments, for the sentenced persons for the crimes of organized crime and kidnapping, provided for in the General Law to Prevent and Punish Crimes in Matters of Kidnapping, as well as those persons deprived of liberty who require special measures of security.
Tenth. As of the entry into force of this Decree, all the persons who have been sentenced with penalties depriving of liberty for the commission of the following crimes may access, in an immediate manner and without having to satisfy the requirements established in sections IV and VII of article 141 of this Law, the benefit of early liberty:
I.The commission of the crime of theft whose value of the stolen thing does not exceed 80 times the Measurement and Updating Unit (Unidad de Medida y Actualización), and when in the commission of the crime no type of violence has mediated, or
II.The commission of the crime of possession without purposes of commerce or supply, of Cannabis Sativa, Indica or Marihuana, contemplated in article 477 of the General Health Law, in any of its forms, derivatives or preparations, and when in the commission of the crime no type of violence has mediated, nor the concurrence of more crimes.
For such effect, the jurisdictional authority shall require from the Penitentiary Authority the report on compliance with the requirements alluded to in the preceding paragraph.
Eleventh. The attorneys general or prosecutors general of the Federation and of the states (federal entities), within their respective scope of competence, may request before the competent jurisdictional authority the application of the benefits of early liberty referred to in the tenth transitory article. Likewise, the competent judicial authorities shall substantiate the respective procedure ex officio or at the request of the person to whom said benefit applies.
Twelfth. The Federal Judiciary and the judiciaries of the states (federal entities) shall issue general agreements, to determine the territorial competence of exception of the execution courts with the purpose of hearing the diverse matters by reason of security and special measures, while the Law enters into force; for which they may subscribe the corresponding agreements with the operating instances of the Criminal Justice System.
Second Article.- Sections XXXV, XXXVI and XXXVII and a fifth paragraph are added, and the third paragraph of article 225 of the Federal Criminal Code is amended, to read as follows:
……..
Transitory
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which various provisions of the National Code of Criminal Procedure; of the Federal Criminal Code; of the General Law of the National Public Security System; of the Federal Law for the Protection of Persons Involved in Criminal Proceedings; of the General Law to Prevent and Punish Crimes in Matters of Kidnapping, Regulatory of section XXI of Article 73 of the Political Constitution of the United Mexican States, of the Amparo Law, Regulatory of articles 103 and 107 of the Political Constitution of the United Mexican States, of the Organic Law of the Federal Judiciary, of the Federal Public Defense Law, of the Federal Fiscal Code and of the Law on Credit Institutions are amended, added and repealed.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), except for what is provided in the following article.
Second.- The amendments to the National Code of Criminal Procedure, to the Federal Criminal Code, to the General Law to Prevent and Punish Crimes in Matters of Kidnapping, Regulatory of section XXI of article 73 of the Political Constitution of the United Mexican States, articles 2, 13, 44 and 49 of the Federal Law for the Protection of Persons Involved in Criminal Proceedings and articles 21 in its section X, 50 Bis and 158 of the Organic Law of the Federal Judiciary, shall enter into force in terms of what is provided by the Second Transitory Article of the Decree by which the National Code of Criminal Procedure is issued, published in the Official Gazette of the Federation (DOF) on 5 March 2014.
The procedures that are in process, related to the modifications to the legal precepts contemplated in this Decree, shall be resolved in accordance with the provisions that gave rise to them.
Third.- Within the 180 calendar days following the entry into force of this Decree, the Federation and the states (federal entities) within the scope of their respective competences shall have an Authority for the Supervision of Precautionary Measures and of the Conditional Suspension of the Process (Autoridad de Supervisión de Medidas Cautelares y de la Suspensión Condicional del Proceso).
Likewise, within the 30 days following the date of creation of the authorities for precautionary measures and of the conditional suspension of the process of the Federation and of the states (federal entities), the agreements and guidelines that regulate their organization and functioning shall be issued.
Fourth.- The provisions of this Decree relative to criminal enforcement shall enter into force once the legislation in the matter provided for in article 73, section XXI, subparagraph c) of the Political Constitution of the United Mexican States enters into force.
Fifth.- In the case of those measures depriving of personal liberty or of preventive imprisonment that have been decreed by mandate of judicial authority during the proceedings initiated based on the criminal procedural legislation in force prior to the entry into force of the accusatory adversarial criminal justice system, the accused or defendant may request from the competent jurisdictional organ the review of said measures, for the effect that the judge of the case, in the terms of articles 153 to 171 of the National Code of Criminal Procedure, having been given notice to the parties, so that the Public Prosecutor's Office (Ministerio Público) investigates and accredits what is pertinent, and after the corresponding hearing has been held, the jurisdictional organ, taking into consideration the evaluation of risk, resolves on the imposition, review, substitution, modification or cessation, in terms of the rules of preventive imprisonment of article 19 of the Political Constitution of the United Mexican States, as well as of the National Code of Criminal Procedure. In the case of substituting the precautionary measure, it shall apply as relevant the supervision of the same in terms of articles 176 to 182 of the cited Code.
Sixth.- The Office of the Attorney General of the Republic (Procuraduría General de la República) shall propose within the National Public Security Council (Consejo Nacional de Seguridad Pública) the attainment of the agreements that it deems necessary between the authorities of the states (federal entities) and the federation within the framework of the Federal Law for the Protection of Persons Involved in Criminal Proceedings.
DECREE by which various provisions of the Federal Criminal Code in Matters of Combating Corruption are amended, added and repealed.
First.- This Decree shall enter into force as of the appointment that the Senate of the Republic makes of the Holder of the Specialized Prosecutor's Office in matters of crimes related to acts of corruption, created in terms of what is established in the second paragraph of the Eighteenth Transitory Article of the Decree by which various provisions of the Political Constitution of the United Mexican States are amended, added and repealed, in political-electoral matters, published in the Official Gazette of the Federation (DOF) on 10 February 2014, through Agreement A/011/14 by which the Specialized Prosecutor's Office in matters of Crimes related to Acts of Corruption is created and its powers are established, published in the Official Gazette of the Federation (DOF) on 12 March 2014.
Second.- As of the entry into force of this Decree, in the event that the amendments contained in it contemplate a legal description of a criminal conduct that in the amended articles was contemplated as a crime and by virtue of the present amendments is named, penalized or aggravated in a different manner, as long as the conducts and the acts respond to the description now established, the following shall apply:
I.In the cases of acts that constitute any of the crimes amended by this Decree, when knowledge of them is had, the Public Prosecutor's Office (Ministerio Público) shall initiate the investigation in accordance with the transposition of the criminal type that results;
II.In the investigations initiated, in which the criminal action has not yet been exercised, the Public Prosecutor's Office (Ministerio Público) shall exercise it in accordance with the transposition of the criminal type that results;
III.In the proceedings initiated, in which accusatory conclusions have not yet been formulated, the Public Prosecutor's Office (Ministerio Público) shall formulate them in accordance with the transposition of the criminal type that results;
IV.In the proceedings pending judgment in first and second instance, the judge or the Court, respectively, may carry out the transposition of the criminal type in accordance with the conduct that has been proven and its modalities, and
V.The executing authority, when applying any modality of benefit for the sentenced person, shall consider the penalties that have been imposed, based on the transposition of the criminal type, according to the corresponding modalities.
Third.- Once the General Law to Prevent, Investigate and Punish Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that subparagraph a) of section XXI of article 73 establishes enters into force, section XIII of article 215 shall be repealed and the proceedings initiated for acts that occur as of said entry into force shall be followed in accordance with what is established in the same.
The proceedings initiated before the force of said law shall continue their substantiation in accordance with this Code.
Fourth.- The sentenced persons shall continue serving the penalty in accordance with what is established in the legislation in force at the moment in which it has become final.
DECREE by which articles 153 and 154 are amended, and article 151 of the Federal Criminal Code is repealed.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which article 420 of the Federal Criminal Code is amended and article 2o. of the Federal Law against Organized Crime is added.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which various provisions of the General Health Law and of the Federal Criminal Code are amended and added.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- As of the entry into force of this Decree, the Ministry of Health (Secretaría de Salud) shall reinforce the programs and actions to which Chapter IV of Title Eleventh of the General Health Law makes reference, with emphasis on the prevention, treatment, rehabilitation, social reinsertion and control of the consumption of cannabis sativa, indica and americana or marihuana and its derivatives, by girls, boys and adolescents, as well as the treatment of the persons with addiction to said narcotics.
Third.- The General Health Council (Consejo de Salubridad General), as of the results of the national research, shall determine the therapeutic or medicinal value that leads to the production of the drugs that are derived from the cannabis sativa, indica and americana or marihuana and its derivatives, in order to guarantee the health of the patients.
Fourth.- The Ministry of Health (Secretaría de Salud) shall have 180 days as of the entry into force of this Decree, to harmonize the regulations and norms in the therapeutic use of TETRAHYDROCANNABINOL of the following isomers: ∆6a (10a), ∆6a (7), ∆7, ∆8, ∆9, ∆10, ∆9 (11) and their stereochemical variants.
DECREE by which article 419 Bis is added to the Federal Criminal Code.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the heading of Chapter I of Title Eighteenth is amended and article 284 Bis is added to the Federal Criminal Code.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which article 381 Bis is amended and articles 381 Ter and 381 Quáter are added to the Federal Criminal Code.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- As of the entry into force of this Decree, with respect to the legal description of the criminal conduct contained in articles 381 Ter and 381 Quater of the Federal Criminal Code, that in article 381 Bis was contemplated as a crime and that by virtue of the present amendments is named, penalized or aggravated in a different manner, as long as the conducts and the acts respond to the description now established, the following shall apply:
I.In the proceedings initiated, in which accusatory conclusions have not yet been formulated, the Federal Public Prosecutor's Office shall formulate them in accordance with the transposition of the criminal type that results;
II.In the proceedings pending judgment in first and second instance, the judge or the Court, respectively, may carry out the transposition of the criminal type in accordance with the conduct that has been proven and its modalities, and
III.The executing authority, when applying any modality of benefit for the sentenced person, shall consider the penalties that have been imposed, based on the transposition of the criminal type, according to the corresponding modalities.
DECREE by which the General Law to Prevent, Investigate and Punish Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is issued; and various provisions of the Federal Criminal Code, of the Law of the National Human Rights Commission, of the Law of the National Public Security System and of the International Extradition Law are amended, added and repealed.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Federal Law to Prevent and Punish Torture, published in the Official Gazette of the Federation (DOF) on 27 December 1991, is abrogated.
The proceedings initiated for acts that occur as of the entry into force of this Law shall be followed in accordance with what is established in the National Code of Criminal Procedure and in this Law.
The proceedings initiated before the force of this Law shall continue their substantiation in accordance with the legislation applicable at the moment of their initiation.
The sentenced persons shall continue serving the penalty in accordance with what is established in the legislation in force at the moment in which it has become final.
Those persons, sentenced or prosecuted, whose evidence presented against them lacks probative value, for having been obtained directly through torture and any other violation of human rights or fundamental rights, as well as the evidence obtained by legal means but derived from said acts, may file the corresponding remedies and incidents.
Third. Within a maximum term of one hundred eighty days counted from the entry into force of this Decree, the legislature of each state (federal entity) shall harmonize its legal framework in accordance with the same.
Fourth. The authorities of the three orders of government, within the scope of their powers, shall adopt and publish the protocols and criteria to which the General Law to Prevent, Investigate and Punish Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment makes reference, within a term of one hundred eighty days after the publication of this Decree.
Fifth. The Office of the Attorney General of the Republic (Procuraduría General de la República) shall have a term of one hundred eighty days following the date on which this Decree enters into force, to issue the National Program to Prevent and Punish Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to have the technological infrastructure necessary to operate the National Registry of the Crime of Torture.
Within the ninety days after compliance with the term indicated in the preceding paragraph, the offices of the attorney general and the prosecutors' offices of the states (federal entities) shall set in motion their corresponding registries.
Sixth. The Federation and the states (federal entities) shall have a term of ninety days after the date on which this Decree enters into force, to create and operate their Special Prosecutor's Offices for the investigation of the crime of torture, except in the cases where, due to lack of sufficient resources, they must be exercised by the corresponding specialized administrative unit.
Seventh. The authorities of the three orders of government, within the scope of their powers, shall initiate the continuous training programs for their public officials in accordance with what is provided in the General Law to Prevent, Investigate and Punish Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, within a term of one hundred eighty days after the publication of this Decree.
Eighth. The authorities of the three orders of government, within the scope of their powers and in a period no greater than ninety days as of the entry into force of this Decree, shall carry out the necessary steps and perform the legal and administrative acts required to provide the Justice Administration Institutions (Instituciones de Procuración de Justicia) with the organizational and staffing structure necessary to comply with the Law.
Ninth. Within the one hundred eighty days following the entry into force of this Decree, the National Human Rights Commission (Comisión Nacional de los Derechos Humanos) shall formally install the National Mechanism for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and issue the bases for its operation and functioning in the ordinary session immediately following the installation.
In the same manner, within the ninety days after compliance with the term indicated in the preceding paragraph, they shall issue the general guidelines that determine the modalities and procedures to be followed during the visits.
The person who is the head of the National Mechanism for Prevention shall appoint the Executive Director within the ninety days following the publication of this Decree in the Official Gazette of the Federation (DOF).
The election of the members of the Technical Committee to which section II of article 73 of this Law makes reference, shall be made on a single occasion, in accordance with the following graduality:
Of the four expert persons elected, two shall serve in their position for two years and the other two shall serve for four years, which shall be defined by the Senate in accordance with the majority vote; the foregoing so that there is staggered replacement in the composition of the Technical Committee, whereby, once the two-year period of the members elected for said period concludes, those who replace them shall be elected for four years in the terms of the law.
The Holder President of the Technical Committee of the National Mechanism for Prevention shall hold office for as long as he or she holds office as President of the National Human Rights Commission.
Tenth. The expenditures generated by reason of the entry into force of this Decree for the agencies and entities of the Federal Public Administration shall be charged against their budgets for the current fiscal year and subsequent ones. Likewise, the states (federal entities) shall make the necessary budgetary provisions and adjustments to comply with the obligations established in this Decree.
Eleventh. The expenditures generated by reason of the operation of the National Mechanism for the Prevention of Torture for the National Human Rights Commission shall be charged against its approved budget for the current fiscal year and subsequent ones.
Twelfth. The legislatures of the states and the legislative body of Mexico City, in the terms of the applicable legislation, shall allocate the resources to comply with the obligations that correspond to them in terms of this Decree.
Thirteenth. In the states (federal entities) in which there is no Commission for Assistance to Victims, the public institutions of the state (federal entity) shall provide care to the Victims in accordance with what is established in Title Sixth of the General Law to Prevent, Investigate and Punish Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Likewise, in accordance with article 79 of the General Law on Victims, the Executive Commission for Assistance to Victims shall be competent to comply with what is established in the preceding paragraph. In the case established in the first paragraph of this article, the request to which section I of article 91 of the Law makes reference shall be signed by the Secretary of Government (Secretario de Gobierno) of the corresponding state (federal entity).
Fourteenth. Once, in terms of what is provided in the Fifth Transitory Article of this Decree, the Office of the Attorney General of the Republic begins to operate the National Registry of the Crime of Torture, the Executive Commission and the Justice Administration Institutions (Instituciones de Procuración de Justicia) may enter into collaboration agreements for the transmission of information on the Victims of the crime of torture to said Registry.
Fifteenth. In a period no greater than one hundred eighty days counted from the entry into force of this Decree, the Executive Commission for Assistance to Victims shall carry out the acts necessary to make the organizational modifications that are indispensable for compliance with what is established in the same.
Sixteenth. In order to comply with the powers established in the General Law to Prevent, Investigate and Punish Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Executive Commission for Assistance to Victims shall make the adjustments to its Organic Statute and other internal norms that are necessary, as well as to the trust that administers the resources of the Fund for Aid, Assistance and Comprehensive Reparation, within the term of one hundred eighty days counted from its entry into force.
DECREE issuing the General Law on Forced Disappearance of Persons, Disappearance Committed by Private Individuals and the National System for the Search for Persons, and amending and repealing various provisions of the Federal Criminal Code and of the General Health Law.
First. This Decree shall enter into force sixty days after its publication in the Official Gazette of the Federation (DOF).
As of the entry into force of this Decree and until the issuance of the instruments referred to in the Fourteenth Transitory Article, the Attorney General's Office (Procuraduría) and the Local Attorney General's Offices (Procuradurías Locales) and other authorities shall comply with the search obligations in accordance with the legal provisions that have been issued previously, provided that they do not oppose this Law.
The Attorney General's Office and the Local Attorney General's Offices, in addition to the protocols provided for in this Law, shall continue to apply the existing protocols for the search of persons in a situation of vulnerability.
Second. The Law of the National Registry of Data of Missing or Disappeared Persons is repealed.
Third. The Specialized Prosecutor's Offices (Fiscalías Especializadas) and the National Search Commission (Comisión Nacional de Búsqueda) shall begin operations within the thirty days following the entry into force of this Decree.
Within the thirty days following the date on which the National Search Commission begins its functions, it shall issue the governing protocols for its operation provided for in article 53, section VIII, of this Law.
Within the one hundred eighty days after the National Search Commission begins its functions, it shall issue the National Search Program.
The public officials who make up the Specialized Prosecutor's Offices and the Search Commissions shall be certified within the year following their creation.
For the purposes of the provisions of the preceding paragraph, the National Search Commission shall issue the criteria provided for in article 53, section L, of this Law, within the ninety days after it begins its functions.
The National Search Commission and the local commissions may, as of the date on which they begin operations, exercise the powers that this Law confers on them in relation to the search processes that are pending. The National Search Commission shall coordinate the search for disappeared persons related to searches in which, at the entry into force of this Law, federal authorities participate.
Fourth. The Local Search Commissions shall begin functions as of the ninety days following the entry into force of this Decree.
The National Search Commission shall provide the necessary advice to the federal entities for the establishment of their Local Search Commissions.
Fifth. The Citizens' Council (Consejo Ciudadano) shall be constituted within the ninety days following the entry into force of this Decree.
Within a period of thirty days following its constitution, the Citizens' Council shall issue its operating rules.
Sixth. The National System for the Search for Persons (Sistema Nacional de Búsqueda de Personas) shall be installed within the one hundred eighty days following the publication of this Decree.
At the first ordinary session of the National Search System, the guidelines and models referred to in article 49, sections I, VIII, XV and XVI of this Law shall be issued.
At the second ordinary session of the National Search System, held in accordance with the provisions of this Law, the certification and specialization criteria provided for in article 55 shall be issued.
Seventh. Within the one hundred eighty days following the issuance of the guidelines provided for in the preceding transitory article, the National Search Commission shall have the necessary technological infrastructure and begin to operate the National Registry of Disappeared and Unlocated Persons.
Within the ninety days following the date on which the operation of the National Registry of Disappeared and Unlocated Persons begins, the states (federal entities) shall launch their registries of Disappeared and Unlocated Persons.
Eighth. While the registries of Disappeared and Unlocated Persons begin to operate, the Local Attorney General's Offices shall enter into a provisional registry, electronic or printed, the information of the Reports, Complaints or Notices received in accordance with the provisions of article 106 of this Law.
The Federation and the states (federal entities) shall migrate the information contained in the provisional registries referred to in the preceding paragraph, within the fifteen days following the date on which the registries of Disappeared and Unlocated Persons begin to operate.
Ninth. The Congress of the Union shall legislate on the matter of the Special Declaration of Absence within the one hundred eighty days following the date on which this Decree enters into force.
The states (federal entities) shall issue and, where applicable, harmonize the legislation that corresponds to their scope of competence within the one hundred eighty days following the date on which this Decree enters into force.
In those states (federal entities) in which the harmonization provided for in Chapter Three of Title Four of this Law has not been carried out, within the period indicated in the preceding paragraph, the provisions of the aforementioned Chapter shall be applicable notwithstanding the provisions of the applicable local legislation.
Tenth. As of the entry into force of this Decree, in the event that the provisions contained therein contemplate the legal description of conducts provided for in other norms as crimes and by virtue of this Law are named, defined, penalized or aggravated in a different form, provided that the conduct and the facts correspond to the description that is now established, the following shall be observed:
I.In the cases of facts that constitute any of the crimes of this Law, when knowledge of them is had, the Public Prosecutor's Office (Ministerio Público) shall initiate the investigation in accordance with this Law;
II.In the investigations initiated in which criminal action has not yet been exercised, the Public Prosecutor's Office shall exercise it in accordance with the transposition of the type that results applicable;
III.In the proceedings initiated in accordance with the mixed criminal system in which the Public Prosecutor's Office has not yet formulated accusatory conclusions, it shall proceed to their elaboration and presentation in accordance with the transposition of the criminal type that, where applicable, results applicable;
IV.In the proceedings initiated in accordance with the adversarial accusatory system, in which the Public Prosecutor's Office does not yet present an accusation, it shall proceed to their preparation and presentation attending to the transposition of the type that may apply;
V.In the proceedings pending judgment in first and second instance, the judge or the court that corresponds may carry out the transposition of the type in accordance with the conduct that has been proven, including its modalities, without exceeding the amount of the penalties indicated in the respective law in force at the moment of the commission of the facts, and
VI.The executing authority, when applying any modality of benefit for the sentenced person, shall consider the penalties that have been imposed, according to the corresponding modalities.
Eleventh. The Federal Executive, within a period of one hundred eighty days from the entry into force of this Decree, shall issue and harmonize the regulatory provisions that correspond in accordance with the provisions of this Decree.
Twelfth. Within the thirty days following the creation of the National Search Commission, the Executive Secretariat of the National Public Security System (Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública) shall transfer to it the technological tools and the information that it has gathered in compliance with the provisions of the Law of the National Registry of Data of Missing or Disappeared Persons.
Within the ninety days following the date on which it receives the information referred to in the preceding paragraph, the National Search Commission shall transmit to the Specialized Prosecutor's Offices the information of the Disappeared or Unlocated Persons that corresponds to their scope of competence.
The Specialized Prosecutor's Offices shall update the content of the National Registry, in accordance with the following:
I.Within the one hundred eighty days following the date on which they receive the information, the Specialized Prosecutor's Office that corresponds shall gather information on the persons registered in the Registry provided for in the Law of the National Registry of Data of Missing or Disappeared Persons that corresponds to its scope of competence, so that said information is in accordance with the provisions of article 106 and, where applicable, of article 112 of this Law;
II.In terms of the preceding section, the Specialized Prosecutor's Offices that are materially impeded from updating the information within the period provided for shall publish a register with the name of the Disappeared or Unlocated Persons whose information has not been updated, so that, within the following one hundred twenty days, the Relatives and civil society organizations provide the information that could be useful to carry out said update;
III.Once the information has been updated, the National Search Commission shall enter it into the registry that corresponds, except where the update reveals that the person was located, in which case, it shall be recorded in the National Registry of Disappeared Persons, and
IV.Upon having carried out the action provided for in section II of this article, if the registry has not been updated, the Specialized Prosecutor's Office that corresponds shall be materially unable to update it. In this case, the registry shall remain with the notation of update pending and shall be migrated, with that character, to the registry that corresponds.
Thirteenth. The National Bank of Forensic Data, the Federal forensic registries and that of the states (federal entities) shall begin to operate within the year following the entry into force of this Decree.
Within the three months following the date on which the operation of said registries begins, the authorities that possess forensic information shall incorporate it into the registry that corresponds.
Fourteenth. Within the one hundred eighty days following the entry into force of this Decree, the National Conference on Prosecution of Justice (Conferencia Nacional de Procuración de Justicia) shall issue the Standardized Investigation Protocol referred to in article 99 of this Law.
Fifteenth. The authorities and institutions that gather the information referred to in article 103 shall incorporate it within a period of one year from the entry into force of this Decree.
Sixteenth. In the states (federal entities) in which there does not exist a Victims' Assistance Commission, the competent public institutions of the state (federal entity) shall provide assistance to Victims in accordance with the provisions of Title Four of this Law.
Seventeenth. The expenditures that are generated by virtue of the entry into force of this Decree for the agencies and parastatal entities of the Federal Public Administration shall be covered with the resources that the Chamber of Deputies approves in the Federal Expenditure Budget of the fiscal year in question.
The Legislatures of the states (federal entities), in the terms of the applicable legislation, shall allocate the resources for the compliance with the obligations that are incumbent upon them in terms of this Decree.
Eighteenth. The guidelines to determine the techniques and procedures that shall be applied for the preservation of corpses or remains of persons referred to in article 130 of this Law shall be published in the Official Gazette of the Federation (DOF) within the period of one hundred eighty days from the entry into force of this Law.
Nineteenth. The Office of the Attorney General of the Republic (Procuraduría General de la República) must issue the technological guidelines necessary to guarantee that the registries and the National Bank of Forensic Data have the adequate technical characteristics and technological support, in accordance with the provisions of articles 131, section III and 132, within the period of one hundred eighty days from the entry into force of this Law.
Within the period provided for in the preceding paragraph, the Office of the Attorney General of the Republic shall issue the guidelines necessary so that the authorities of the different orders of government submit in a standardized form the information that will be integrated into the National Registry of Unidentified and Unclaimed Deceased Persons and the National Bank of Forensic Data provided for in the General Law on Forced Disappearance of Persons, Disappearance Committed by Private Individuals and the National System for the Search for Persons.
Twentieth. While the states (federal entities) are in the integration of their Search Commissions, the obligations provided for these Commissions in the Law shall be assumed by the Ministry of Government (Secretaría de Gobierno) of each entity.
Likewise, the states (federal entities) shall make the budgetary provisions and adjustments necessary to comply with the obligations established in this Decree.
Twenty-First. Within the one hundred eighty days following the entry into force of this Decree, the National Search Commission shall issue the guidelines referred to in section XIV of article 53 of the Law.
DECREE amending, adding and repealing various provisions of the Federal Criminal Code and of the Organic Law of the Federal Judiciary, on the matter of Road Crimes.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE amending the third paragraph of article 149-Bis of the Federal Criminal Code.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE amending, adding and repealing various provisions of the Federal Fiscal Code, of the Customs Law, of the Federal Criminal Code and of the Federal Law to Prevent and Punish Crimes Committed in Matters of Hydrocarbons.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), with the exceptions provided in the following transitory provisions.
Second. The amendments to Articles 28, section I; 81, section XXV; 82, section XXV; the repeal of section VII of Article 111, and the addition of Article 111 Bis, of the Federal Fiscal Code (Código Fiscal de la Federación), shall enter into force 30 days after the publication of this Decree in the Official Gazette of the Federation (DOF).
Third. (Repealed).
Article repealed DOF 12-11-2021
Fourth. As of the entry into force of this Decree, the provisions that contravene the amendments to Article 108 of the Customs Law (Ley Aduanera) are left without effect.
Fifth. For purposes of the provisions of Article 22 of the Income Tax Law (Ley del Impuesto sobre la Renta) in force or of the correlative articles in the laws in force prior to said law, the taxpayers that abided by the provisions of section VIII of the second article of the transitory provisions of the Decree by which various provisions of the Income Tax Law, of the Special Tax on Production and Services Law (Ley del Impuesto Especial sobre Producción y Servicios), of the Federal Fiscal Code and of the Federal Budget and Fiscal Responsibility Law (Ley Federal de Presupuesto y Responsabilidad Hacendaria) are amended, added and repealed, published in the Official Gazette of the Federation (DOF) on 18 November 2015, must consider in the determination of the proven acquisition cost of the shares that are transferred, the amount of the tax losses that they have considered in the determination of the credit referred to in the aforementioned section VIII.
DECREE amending the first paragraph of article 259 Bis; adding a Title Seventh BIS with a Chapter I; an article 199 Septies; and a section V to article 266 Bis of the Federal Criminal Code.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE adding a third paragraph to the Seventh Transitory Article of the "Decree issuing the Federal Telecommunications and Broadcasting Law, and the Law of the Public Broadcasting System of the Mexican State; and amending, adding and repealing various provisions on the matter of telecommunications and broadcasting", published in the Official Gazette of the Federation (DOF) on 14 July 2014.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The provisions of the third paragraph of the Seventh Transitory Article of the "Decree issuing the Federal Telecommunications and Broadcasting Law, and the Law of the Public Broadcasting System of the Mexican State; and amending, adding and repealing various provisions on the matter of telecommunications and broadcasting", published in the Official Gazette of the Federation (DOF) on 14 July 2014, which is added, shall be applicable only to the applications for extension presented prior to the entry into force of this Decree.
DECREE amending and repealing various provisions of the Code of Military Justice, of the Military Code of Criminal Procedure, of the Federal Criminal Code and of the Law to Preserve the Neutrality of the Country.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE issuing the Federal Law on Remuneration of Public Officials, Regulatory of articles 75 and 127 of the Political Constitution of the United Mexican States, and adding to the Federal Criminal Code.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. At the moment of the entry into force of this Law, all provisions contrary to it are without effect.
DECREE amending and adding various provisions of the Federal Law on Remuneration of Public Officials, regulatory of articles 75 and 127 of the Political Constitution of the United Mexican States, of the Federal Criminal Code and of the General Law of Administrative Responsibilities.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- All provisions that oppose the content of this Decree are repealed.
DECREE amending, adding and repealing various provisions of the Federal Law against Organized Crime, of the National Security Law, of the National Code of Criminal Procedure, of the Federal Fiscal Code and of the Federal Criminal Code.
First. This Decree shall enter into force on 1 January 2020.
Second. At the moment of the entry into force of this Decree, all provisions contrary to it are without effect; notwithstanding the foregoing, the conducts committed before the entry into force of this Decree that constitute any of the crimes provided for in articles 113, section III and 113 Bis of the Federal Fiscal Code, as well as article 400 Bis of the Federal Criminal Code, shall continue to be investigated, tried and sentenced, through the application of said precepts.
DECREE adding an article 190 Bis to the Federal Telecommunications and Broadcasting Law, and an article 168 ter to the Federal Criminal Code.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The private individuals who possess devices or equipment that serve to block, cancel or annul cellular telephony, radiocommunication or data or image transmission signals shall deliver them to the Ministry of Security and Citizen Protection, destroy them or, where applicable, exclude them from the country, within a period of 30 days from the entry into force of this Decree.
Third. The Ministry of Security and Citizen Protection shall coordinate and supervise the delivery-receipt by private individuals of all the devices that have as their purpose to block, cancel or annul cellular telephony, radiocommunication or data or image transmission signals and shall proceed to their disabling under the methods that it considers convenient.
Fourth. The corresponding authorities shall have a term no greater than 180 calendar days to make the modifications to the Official Mexican Standard 220-SCFI-2017, in order to harmonize it with the contents of this Decree.
Fifth. The Ministry of Security and Citizen Protection shall annually report on the compliance with the provisions expressed in this Decree, to the Public Security Commissions of the Senate of the Republic and of the federal Chamber of Deputies.
DECREE amending and adding various provisions of the Federal Criminal Code.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE amending and adding article 167 of the National Code of Criminal Procedure; amending, adding and repealing various provisions of the General Law on Electoral Crimes, of the General Law on Forced Disappearance of Persons, Disappearance Committed by Private Individuals and the National System for the Search for Persons, of the Federal Law to Prevent and Punish Crimes Committed in Matters of Hydrocarbons, of the Federal Law on Firearms and Explosives, of the Federal Criminal Code, of the General Health Law, of the Federal Law against Organized Crime and of the Law of General Means of Communication.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. All provisions that are contrary to the content of this Decree are repealed.
Third. Criminal proceedings that are being conducted at the entry into force of this Decree shall continue in accordance with the provisions in force at the time of the commission of the acts.
To persons who have committed a crime of those contemplated in this Decree prior to its entry into force, the provisions in force at the time it was committed shall apply.
Fourth. Sentenced persons shall continue serving the penalty in accordance with the provisions of the legislation in force at the time it became final.
Fifth. The application of the norms in the criminal cases referred to in this Decree shall be made in accordance with the provisions of article 14 of the Political Constitution of the United Mexican States.
DECREE adding various provisions to the General Law on Women's Access to a Life Free of Violence and to the Federal Criminal Code.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Congresses of the states (federal entities), within the scope of their competences, shall have a period of 180 days from the entry into force of this Decree to make the corresponding legislative adjustments.
DECREE amending, adding and repealing various provisions of the Income Tax Law, of the Value Added Tax Law, of the Special Tax on Production and Services Law, of the Federal Law on the Tax on New Automobiles, of the Federal Fiscal Code and other legal provisions.
Sole. This Decree shall enter into force on 1 January 2022. The proceedings initiated prior to the entry into force of this Decree shall be conducted and resolved in terms of the provisions in force until 31 December 2021.
DECREE amending article 148 of the Federal Criminal Code.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE amending article 205-Bis and adding a Chapter IX to Title Eight of the Federal Criminal Code.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE amending, adding and repealing various provisions of the Federal Criminal Code, of the National Code of Criminal Procedure, of the General Law of the National Public Security System, of the General Law on Victims and of the General Law on Women's Access to a Life Free of Violence, on the matter of Investigation, Sanction and Comprehensive Reparation of the Crime of Femicide.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The expenditures that may arise by virtue of the entry into force of this Decree shall be charged to the budgets approved for the corresponding spending entities, for the fiscal year in question, so no increases to their budget shall be authorized for the present fiscal year or subsequent ones.
DECREE amending and adding articles 418, 419 and 423 of the Federal Criminal Code, on the matter of illegal logging.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. All provisions that contravene the provisions of this Decree are repealed.
Third. The expenditures that are generated by virtue of the entry into force of this Decree shall be charged to the budget approved for the spending entities in the present fiscal year, so no additional resources shall be authorized for such purposes.
DECREE amending and adding various provisions of the Federal Criminal Code, on the matter of the non-prescriptibility of the exercise of criminal action and of sanctions for sexual crimes committed against persons under eighteen years of age.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. All those provisions that are contrary to the content of this Decree are repealed.
DECREE amending and adding various provisions of the General Law on Women's Access to a Life Free of Violence, of the Federal Civil Code and of the Federal Criminal Code, on the matter of violence through an intermediary person.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The expenditures that are generated by virtue of the entry into force of this Decree shall be covered in accordance with the budget authorized for the responsible spending entities for the present fiscal year and subsequent ones, so no additional resources shall be authorized for such purposes.
DECREE amending section XI of article 57 of the General Law on the Rights of Girls, Boys and Adolescents; and section III of article 266 Bis of the Federal Criminal Code.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE amending various legal provisions on the matter of Indigenous and Afro-Mexican peoples and communities.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE adding a third paragraph to article 261 of the Federal Criminal Code.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE adding a third paragraph to article 343 Bis of the Federal Criminal Code, on the matter of family violence.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE amending and adding various provisions of the Federal Criminal Code and of the Federal Law on Firearms and Explosives.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The expenditures that are generated by virtue of the entry into force of this Decree shall be charged to the resources expressly approved for those purposes by the Chamber of Deputies in the respective expenditure budgets of the corresponding spending entities, in the present fiscal year, so no additional resources shall be authorized for such purposes.
DECREE adding an article 209 Quintus to the Federal Criminal Code and an article 465 Ter to the General Health Law.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. All those provisions that are contrary to the content of this Decree are repealed.
DECREE amending and adding various provisions of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin, and amending article 400 Bis of the Federal Criminal Code.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), except for the exceptions provided for in the following articles.
Second. The Ministry, following the opinion of the Tax Administration Service, shall modify the general rules of the Law that is amended within the twelve months following the entry into force of this Decree.
The annual period referred to in sections IX and XI of article 18 of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin to develop training programs and to have an audit, respectively, shall be understood as calendar year, so the first period shall begin on 1 January of the year following that in which this Decree is published and shall conclude on 31 December of the same year.
In the case of the first year of operations of those who carry out Vulnerable Activities, the period shall comprise from the date on which they begin operations as a Vulnerable Activity and until 31 December of the following year.
Third. The obligations established in sections VII to XI of article 18 of the Law that is amended shall enter into force within the periods established for such purpose by the general rules referred to in the aforementioned Law.
Fourth. During the first six months counted from the entry into force of the general rules of the Law that is amended, the Financial Intelligence Unit (Unidad de Inteligencia Financiera) in coordination with the Tax Administration Service shall implement:
I.A training and guidance program directed at the non-profit associations and societies, for the correct compliance with the obligations established in sections VII to XI of article 18 of the Law that is amended.
II.The simplified measures for compliance with the obligations of the non-profit associations and societies, in accordance with the level of risk that they represent, in accordance with the regulatory provisions, in order to harmonize the proper application of the law with the protection of civic space and the right to freedom of association.
Fifth. The Congresses of the states (federal entities), within a term of 180 calendar days from the entry into force of this Decree, shall make the pertinent reforms for the application of the provisions contained in article 58 of the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin.
Sixth. The expenditures that are generated by virtue of the entry into force of this Decree shall be covered with charge to the budget authorized for the responsible spending entities for the present fiscal year and subsequent ones, so no additional resources shall be authorized for such purposes.
DECREE issuing the General Law to Prevent, Investigate and Punish Crimes in Matters of Extortion, Regulation of Section XXI of Article 73 of the Political Constitution of the United Mexican States, and amending, adding to, and repealing various provisions of the Federal Criminal Code, of the National Code of Criminal Procedure, of the Federal Law against Organized Crime, of the National Extinction of Ownership Law, and of the Organic Law of the Federal Judiciary.
First. This Decree shall enter into force on the day following that of its publication in the Official Gazette of the Federation (DOF).
Second. Any reference to the crime of extortion contemplated in the Federal Criminal Code, the criminal codes of the states (federal entities) or in any other provision, shall be understood as made to the crime of extortion provided for in the General Law to Prevent, Investigate and Punish Crimes in Matters of Extortion, implementing Section XXI of Article 73 of the Political Constitution of the United Mexican States.
Third. All legal provisions that are contrary to this Decree are repealed.
Fourth. In proceedings pending the pronouncement of the judgment (sentencia) in first and second instance, from the entry into force of this Decree, the jurisdictional body may effect the transposition of the offense for the benefit of the person to be sentenced, in accordance with the criminal conduct of extortion, its modalities, or aggravating circumstances that have been established.
In the case of a sentenced person, the judge for the execution of sentences may consider the review of the penalties that have been imposed in order to effect, where applicable, the transposition of the offense, provided that the conduct, modalities, or aggravating circumstances so permit and that the result is in that person's benefit.
Fifth. The provisions relating to the crimes of extortion set forth both in the Federal Criminal Code and in the local criminal legislation in force at the entry into force of this Decree, shall continue to apply to the acts performed during their validity. Likewise, the said provisions shall continue to apply to persons prosecuted or sentenced for the crime of extortion, its modalities, aggravating circumstances, and sanctions, except as provided in the preceding article in respect of the transposition of the offense and the adjustment of the penalty.
Criminal proceedings in matters of extortion initiated before the entry into force of this Decree shall continue to be processed until their conclusion in accordance with the provisions applicable before its entry into force.
Sixth. Within a period of not more than 180 calendar days from the entry into force of this Decree, the legislatures of the states (federal entities) shall proceed to make the legal amendments in order to harmonize them with this Decree.
Seventh. Penitentiary centers shall have 180 business days counted from the entry into force of this Decree to establish the procedures and technologies for the blocking of incoming and outgoing cellular telephone calls, radio communications, and voice, data, or image transmissions referred to in Article 38 of the General Law to Prevent, Investigate and Punish Crimes in Matters of Extortion, implementing Section XXI of Article 73 of the Political Constitution of the United Mexican States.
Eighth. The Center for the Attention of Complaints referred to in Article 41 of the General Law to Prevent, Investigate and Punish Crimes in Matters of Extortion, implementing Section XXI of Article 73 of the Political Constitution of the United Mexican States, shall commence operations no later than 180 business days counted from the entry into force of this Decree, and shall have the budgetary sufficiency for its proper functioning charged to the secretariat responsible for the public security sector of the Federal Executive.
Ninth. The expenditures that, where applicable, are generated by reason of the entry into force of this Decree shall be charged to the approved budget of the parties obligated by this instrument, and therefore they shall not increase their regularizable budget, and no additional resources shall be authorized for the present fiscal year.
Tenth. Until the specialized units for the attention of crimes of extortion provided for in Article 13 of the General Law to Prevent, Investigate and Punish Crimes in Matters of Extortion, implementing Section XXI of Article 73 of the Political Constitution of the United Mexican States, are created, the Office of the Attorney General of the Republic, and the local prosecutors' offices or attorneys general's offices, shall use the specialized units against kidnapping referred to in Articles 41 and 42 of the General Law to Prevent and Punish Crimes in Matters of Kidnapping, implementing Section XXI of Article 73 of the Political Constitution of the United Mexican States.
DECREE amending Articles 260 and 266 Bis of the Federal Criminal Code, in matters of sexual abuse.
First.- This Decree shall enter into force on the day following that of its publication in the Official Gazette of the Federation (DOF).
Second.- All provisions that are contrary to this Decree are repealed.
Unofficial English translation. The Spanish text published in the Diario Oficial de la Federación (DOF) is the only official text. Articulado does not give legal advice and is not a government website.