Prevent and Punish
Article 5.– A person who commits the crime of torture shall be punishable by a term of imprisonment of from 2
Torture
to 12 years, fined from 200 to 500 days of the minimum wage in the economic area and at the time the offence
was committed.
Article 4.– A public servant commits the offence of torture if, in exercise of that capacity or on account of their
functions, they themselves or using a third party intentionally injure a suspect, sentenced person or other
individual as part of an investigation or legal proceedings of offences or infringements, in order to obtain
information or a confession from the tortured individual or a third party, as a means of intimidation, to inflict
punishment for an act failure to act which that individual has or is suspected of having committed, or to coerce
them into engaging or not engaging in a specific act.
Yucatán
Physical or mental pain or suffering arising only from, inherent in or incidental to lawful sanctions, or arising from
State Act to
a legitimate act of authority, shall not be covered by the concept of torture, unless they are prohibited under
Prevent and Punish article 22 of the Constitution of the United Mexican States.
Torture
Torture is considered a serious criminal offence under article 13 of the Criminal Code of the state of Yucatán,
since it has a significant effect on the fundamental values of society.
Zacatecas
Criminal Code
Article 5.– 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 of the minimum wage, and disqualified from holding any public office or
commission, regardless of the sentence handed down for any other offence.
Article 371.– 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 inflict punishment for an act which that individual has or is suspected of having
committed, or to coerce them into engaging or not engaging in a specific act shall be sentenced to a term of
imprisonment of from two to eight years, fined from 100 to 200 times the quota, dismissed and disqualified
from holding any public office, position or commission for from 2 to 10 years, regardless of the sentence
handed down for any other offence.
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.
Abolish arraigo, which creates a situation outside judicial control that constitutes a risk of torture
and ill-treatment (para. 215)
Compliance measures
454.As a result of the amendments to articles 16, 17, 18, 19, 20, 21 and 22 of the Constitution of the United Mexican States, the
criminal justice system has undergone a radical transformation, as the amendments were of such a magnitude as to have a direct
impact on the structure, budget and organization of the judiciary of the Federation.
455.Accordingly, the Council of the Federal Judiciary, using the powers conferred upon it by the Federal Constitution and the
Organic Act on the Judiciary of the Federation, has taken the first step with these reforms by setting up, under General Decisions
75/2008 and 25/2009, seven Federal Criminal Courts specializing in searches, preventive custody and interception of
communications, whose competence is restricted to effecting and determining precautionary measures and other techniques for
investigating authority requiring independent judicial control, and its powers are gradually being expanded in accordance with the
scope of its authority laid down in the Constitution and secondary legislation.
456.In this way, the specialized function of federal judges effecting those measures is not only a response to the need to implement
the constitutional reform, but also helps to define and refine the mechanisms that are essential for the implementation of these reforms
and enables them to handle appropriately all the activities now required of a modern judiciary with excellence, professionalism and
efficiency.
457.This is the case because the new text of article 16 of the Constitution states that there should be judges to handle, among other
things, immediately or by any means, requests for protective measures, precautionary measures, and investigation techniques of the
authority requiring judicial control, thereby safeguarding the rights of suspects and victims or injured parties.
458.Accordingly, the seven specialized judges resident in the Federal District are competent to handle and decide upon petitions from
the Federal Prosecution Service throughout the country in the preliminary investigation, relating to:
Searches;
Preventive custody;
Interception of private communications.
459.Similarly, they are empowered to handle applications for the interception of private communications lodged by the National
Investigation and Security Centre and the Federal Police.
460.Note that applications from the authorities are submitted through a highly secure computer system that ensures accuracy and
confidentiality, in which they provide the evidence required in support of the protective measure, such as digitized documents,
photographs, videos or the like.
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