their official functions, shall be sentenced to a term of imprisonment of from two to six years and a fine of from
200 to 500 days, where their intention is to:
I.– Obtain information or a confession from that individual or a third party;
II.– Inflict punishment for an act which that individual has or is suspected of having committed, or
Durango
Criminal Code(1
April 2004)
III.– Coerce them into engaging or not engaging in a specific act.
The same penalties shall be imposed on a public servant who, in the exercise of their powers or in connection
with them, incites or authorizes another person to commit torture or fails to prevent another person from doing
so, as well as on any individual who commits torture when incited or authorized to do so by a public servant.
Where another crime is committed in addition to torture, the rules for the concurrence of offences shall apply.
Article 198.– Torture shall also be understood to be the use of methods upon a person intended to obliterate
the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical
pain or mental anguish, and the penalties laid down in the previous article shall apply.
Article 203.– A confession or information obtained by torture may not be admitted as evidence.
Article 2.– A public servant commits the offence of torture if, in the exercise of their official functions, they carry
out any of the following acts on a suspect in order to obtain a confession, information or prevent them from
carrying out an act or any other conduct that harms that individual or a third party: inflicting beating, mutilation,
State of Mexico
burns, pain, physical or mental suffering, or depriving the individual of food or water. A public servant who
incites, urges, authorizes, orders or consents to such acts shall also be liable, as well as anyone involved in the
State Act to
Prevent and Punish offence. Pain arising from lawful sanctions or a legitimate act of authority shall not be considered torture.
Torture
Article 3.– Anyone committing the crime of torture shall be sentenced to a term of imprisonment of from 3 to
12 years, fined from 200 to 500 days' minimum wage, dismissed from their post and disqualified from holding
any similar position, without prejudice to penalties for any concurrent offences.
Article 264.– A public servant who, in exercise of their official functions, they themselves, or using a third party,
Guanajuato
intentionally inflict violence on an individual, whether to obtain information or as an illegal form of investigation,
Criminal Code(2 shall be sentenced to a term of imprisonment of from 2 to 10 years, fined from 100 to 200 days' minimum
November 2001) wage, dismissed from their post or position and permanently disqualified from holding that post or any similar
position.
Guerrero
Article 53.– A public servant of the state commits the offence of torture if, they themselves, or using a third
Act establishing the party or in exercise of their official functions, intentionally inflict severe pain or suffering on or coerce, whether
Human Rights
physically or mentally, an individual in order to obtain information or a confession from the tortured individual or
Commission and the a third party, to incite them into engaging in a specific act or to inflict punishment for an act which that individual
Procedure Relating has or is suspected of having committed or is to be charged with.
to the Involuntary
Disappearance of Pain or suffering arising only from, inherent in or incidental to lawful sanctions shall not be considered torture.
Persons
Article 322 bis.– A public servant who, in exercise of their official functions, inflicts severe pain or suffering,
whether physical or mental, on an individual, in order to obtain information or a confession from the tortured
individual or a third party, or to coerce them into engaging or not engaging in a specific act, or to inflict
punishment for an act which that individual has or is suspected of having committed, shall be sentenced to a
term of imprisonment of from 3 to 12 years, fined from 200 to 500 days' minimum wage, dismissed from their
post and disqualified from holding any public office, position or commission, for up to the maximum statutory
penalty.
Discomfort or suffering arising only from, inherent in or incidental to lawful sanctions, or arising from a legitimate
act of authority, shall not be considered torture.
Hidalgo
The same penalties shall apply to anyone, even if they are not a public servant, who carries out acts of torture
with the explicit or implicit incitement or authorization of a public servant.
Criminal
Code(31 December
Where a public servant learns, in the performance of their duties, of an act of torture, they shall report it
2007)
immediately; otherwise they shall face up to three years imprisonment and a fine of 15 to 60 days and
suspension from office for up to the maximum statutory penalty.
No criminal act of the type described in the first paragraph of this article may be justified by invoking the order
of a superior officer or any other authority.
For offences covered by this article, the redress of damages shall also include legal, medical and funeral costs,
and any rehabilitation costs incurred by the injured party or their relatives as result of the offence. Convicted
persons shall also be required to repair the damage and compensate for damages caused to injured parties or
their dependents in cases of: loss of life, impaired health, loss of freedom, loss of income, inability to work, loss
of or damage to property or loss of reputation.
Article 2.– A public servant commits the offence of torture if, acting in that capacity, they inflict severe pain or
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