CAT/C/75 page 63 function of the Federal judiciary to make sure that the outcome of proceedings is that desired by the body entitled to institute criminal proceedings. Account must therefore be taken of articles 4 and 5 of the Federal Code of Criminal Procedure, which read: “Article 4. Preliminary investigation and investigation proceedings and proceedings in first instance, as well as proceedings in second instance before the appeal court, constitute Federal criminal procedure, under which it is the sole responsibility of the Federal courts to decide whether or not an act is a Federal crime, to determine whether or not the accused is guilty and to impose the appropriate penalties and security measures in accordance with the law. “During these proceedings, the Public Prosecutor’s Office and the judicial police under its authority shall as appropriate also perform the functions laid down in article 2, section II; the Public Prosecutor’s Office shall see to it that the Federal courts strictly apply the relevant laws and that the courts’ rulings are duly complied with. “Article 5. In enforcement proceedings, the Executive shall, through the body determined by law, enforce the penalties and security measures ordered in court sentences, until their extinction; and the Public Prosecutor’s Office shall ensure that sentences are duly served.” 301. Similarly, the Office of the Attorney-General of the Republic Organization Act reads: “Article 1: The purpose of this Act is to set up the Office of the Attorney-General of the Republic as part of the Federal Executive with a view to the conduct of affairs assigned to the Federal Public Prosecutor’s Office and its incumbent, the Attorney-General of the Republic, by the Constitution of the United Mexican States, this Act and other applicable provisions. “Article 2: It shall be the responsibility of the Federal Public Prosecutor’s Office: I. To monitor the observance of constitutionality and legality within its sphere of competence, without prejudice to the powers attributed by law to other court and administrative authorities; II. III. To guarantee the prompt, speedy and appropriate administration of justice; To guarantee respect for human rights within its sphere of competence; IV. To intervene with the judicial authorities in all matters to which the Federation is a party, when they affect its interests or are of legal importance, and in cases involving diplomats and consuls general; V. To prosecute Federal crimes; … XI. To assume other responsibilities determined by law.”

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