''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 17''
(...)Imprisonment shall be forbidden as a way to punish exclusively civil debts.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 18''
The prison system shall be organized on the basis of respect for human rights, as well
as work, training, education, health and sports as a means to achieve inmate’s social
rehabilitation, pursuing that he/she will not commit a crime again and following the
benefits that the law establishes for him/her. Women and men shall be imprisoned in
separate places.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 19''
The Public Prosecution Service can request of the judge preventive prison only when
other precautionary measures are not enough to ensure the presence of the accused
in his trial, the development of the investigation, the protection of the victim,
witnesses or community, as well as when the accused is on trial or had been
previously convicted for having committed an intentional crime.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 19''
The Public Prosecution Service can request of the judge preventive prison only when
other precautionary measures are not enough to ensure the presence of the accused
in his trial, the development of the investigation, the protection of the victim,
witnesses or community, as well as when the accused is on trial or had been
previously convicted for having committed an intentional crime. Also, the judge will
order preventive prison, by its own motion, in the following cases: organized crime;
deceitful homicide; rape; kidnap; trafficking in persons; crimes committed using
firearms, explosives or other violent instruments; and serious crimes against national
security, the right to freely develop personality and the public health.
The law shall establish the cases in which the judge can revoke liberty granted to the
individuals subjected to trial.
The term to issue the association order may be extended only at the request of the
accused, according to the procedure set forth by the law. Prolonging the detention
shall be sanctioned by penal law. The authority in charge of the establishment where
the accused is shall attract the judge’s attention if it does not receive a copy of the
detention order or the extension request in the term indicated above as soon as the
term ends. If the authority does not receive the detention order within the next
three hours, the accused shall be freed.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 19''
Treatment during the arrest or imprisonment, any annoyance without legal
justification, any tax or contribution in jails, constitute an abuse which the law shall
correct and the authorities shall repress.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 20''
B. Defendant's rights
IX. Prison or arrest cannot be extended due to the lack of money to pay
lawyer’s fees or any other monetary cause, civil liability or any other
similar motive.
Preventive prison cannot exceed the time established by law as
maximum punishment for the crime in question. In no case, preventive
prison shall exceed the term of two years, unless defendant asks for a
longer time to prepare his defense. If after said term a sentence has not
been pronounced, the defendant shall be freed immediately while the
trial continues. However, other precautionary measures may be used.
The duration of detention will count for the sentence term.
''TITLE ONE, CHAPTER IV: The Mexican citizens, Article 38''
Citizens’ rights and prerogatives can be suspended in the following cases: (...)
II. If the person is on trial for a crime that deserves physical punishment. In
such a case suspension starts from the date the detention order was issued.
III. If the person is serving time in prison
Article 18
Confinement shall only be used as an extreme measure and for the
briefest period of time that applies to the case. Confinement can be applied only to
teenagers above fourteen years old who have committed or participated in an act
that the law describes as a crime.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.