TITLE ONE

CHAPTER I
Fundamental rights

Article 18

Preventive custody shall be reserved for crimes punishable by imprisonment. Preventive prisons shall be completely separated from the prisons used for convicted persons.

(Reformed by the decree published on June 10, 2011)

Prison system shall be organized on the basis of the respect for human rights, as well as the work, training, education, health and sports as a means to achieve inmate’s social rehabilitation, advising him/her not to transgress again and explaining him/her the benefits of complying with the law. Women and men shall be imprisoned in separate places.

The Federation, the states and the Federal District can make and execute agreements to send inmates to serve their sentence in prisons under a different jurisdiction.

The Federation, the states and the Federal District shall establish, within the field of their respective powers, an integral justice system for minor offenders between twelve and seventeen years of age, guaranteeing their fundamental rights recognized by this Constitution are ensured, as well as those specific rights for children. People under twelve years of age who have committed a crime shall only be subjected to rehabilitation and social assistance.

The management of this system will be organized by institutions, courts and authorities who are specialized on legal proceedings regarding teenagers. This system must give advice and protect teenagers, and shall study each particular, protecting teenager’s interests.

If appropriate, alternative forms of justice may be used. Due process of law and independence among authorities in charge shall be observed whenever an adolescent is prosecuted. Measures imposed to teenagers shall be proportional to the misconduct and shall seek teenager’s social and family reintegration, as well as his complete development. Confinement shall only be used as an extreme measure and for a brief period of time. Confinement can be applied only to teenagers above fourteen years old who have committed grave and antisocial behavior.

Mexicans who are serving imprisonment penalties in foreign countries may be brought to the United Mexican States to serve their sentences. Foreigners who are serving imprisonment penalties may be transferred to their countries, in accordance with international treaties. Prisoner must grant his consent for transfer.

Convicts may serve their sentence in the penitentiaries closer to their home, in order to encourage their reintegration to the community. This provision shall not be applicable to organized crime and to inmates who require special security measures.

Special centers shall be created for preventive imprisonment and for penalties regarding organized crime. The competent authority can restrict communication between accused person or prisoner and third parties in the event of organized crime, except for defender. The authority also can impose measures of special surveillance on these inmates. This provision can be applied to other inmates who require special security measures.