apply.
III.– Torture may not be justified by invoking or the existence of exceptional circumstances, such as instability
and foreign policy, the urgency of investigations or any other public emergency;
IV.– Any detainee or accused person shall, at any time upon their request or that of their counsel, be examined
by a forensic medical expert or by a doctor of their choice. The person conducting the examination shall
immediately issue an appropriate certificate;
V.– Where it is found that a statement has been obtained under torture, it may not be admitted as evidence;
under civil procedural law, statements will be valid only where the defence attorney is present, and
Nuevo León
Criminal Code
Oaxaca
VI.– Any authority learning of an act of torture shall report it forthwith.
Article 321 bis.– A public servant commits the offence of torture if, in exercise of their official functions, they
themselves or through a third party inflict 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 or a
third party into engaging or not engaging in a specific act.
Pain or suffering consequent on lawful sanctions or arising from a legitimate act of authority, shall not be
considered torture.
Article 1.– A state or municipal public servant commits the offence of torture if, in exercise of their official
functions, they inflict 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, to obtain pleasure for themselves or a third party, or for any other reason based on discrimination
of any kind.
State Act to
Prevent and Punish Discomfort or suffering arising only from, inherent in or incidental to lawful sanctions, or arising from a legitimate
Torture
act of authority, shall not be considered torture.
Puebla
Social Protection
Code
Querétaro
Criminal Code
Quintana Roo
Article 2.– Anyone committing the crime of torture shall be sentenced to a term of imprisonment of from 2 to
10 years, fined from 200 to 500 days of the current general minimum wage and disqualified from holding any
public office, position or commission for up to twice the length of the prison sentence.
Article 449.–A public servant commits the offence of torture if, in exercise of their official functions, they inflict
intimidation, incommunicado detention, 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.
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.
Article 309.–A public servant commits the offence of torture if, in exercise of their official functions, they inflict
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, to coerce them into engaging or not engaging in a specific act, or to
intimidate the tortured person or a third party.
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.
Article 3.– A public official commits the offence of torture if, in exercise of their official functions, they inflict
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.
State Act to
Prevent and Punish Article 4.– Anyone committing the crime of torture shall be sentenced to a term of imprisonment of from 3 to
Torture
12 years, fined from 200 to 500 days' minimum wage and disqualified from holding any public office, position
or commission, for up to twice the length of the prison sentence. The number of days' fine shall be determined
in accordance with the provisions of articles 26 and 27 of the Quintana Roo state Criminal Code.
Article 282.– A public servant commits the offence of torture if, in exercise of their official functions, they
themselves, or using a third party, inflict 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, to coerce them into engaging
San Luis Potosí
in a specific act or to inflict punishment for an act which that individual has or is suspected of having committed.
Criminal Code
This offence shall be punishable by a term of imprisonment of from 2 to 10 years, a fine of from 40 to 200 days
of the minimum wage and disqualified from holding any public office, position or commission for twice the
length of the prison sentence.
Article 328.– A public servant commits the offence of torture if, in exercise of their official functions, they
themselves, or using a third party, intentionally inflict severe pain or suffering, whether physical or mental, on an
Sinaloa
individual in order to obtain information or a confession from the tortured individual or a third party, to coerce
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