46. Article 3 of the current Federal Law against Organized Crime, amended in 2016, establishes that
the crime of organized crime, as well as those mentioned in Articles 2, 2 Bis and 2 Ter of that law,
provides for “pre-trial detention sua sponte.” 24
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Articles 2, 2 Bis and 2 Ter of that law establishes the following:
“Article 2.- When three or more persons join to carry out, permanently or repeatedly, conduct that, by themselves or joined by
others, has as a purpose or result the commission of one or more of the following crimes, shall be punished for that sole fact,
as members of a criminal organization:
I. Terrorism, set out in Articles 139 to 139 al 139 Ter, the financing of terrorism set out in Articles 139 Quater
and 139 Quinquies and international terrorism, set out in Articles 148 Bis to 148 Quater; against health, set out
in Articles 194, 195(1) and 196 Ter; counterfeiting, knowingly using counterfeit money and altering money, set
out in Articles 234, 236 and 237; operations with materials of unlawful origin, set out in Article 400 Bis; and in
the area of copyrights, set out in Article 424 Bis, all in the Federal Criminal Code;
II. Stockpiling of and trafficking of arms, set out in Articles 83 Bis, 84, 84 Bis(I), 85 and 85 Bis, of the Federal
Law on Firearms and Explosives;
III. Human trafficking, set out in Article 159 of the Law on Migration; Amended clause;
IV. Organ trafficking, set out in Articles 461, 462 and 462 Bis, and crimes against health in the form of drug
dealing, set out in Articles 475 and 476, all in the General Law on Health;
V. Corruption of persons under the age of 18 and persons who are not capable of understanding how to resist it,
set out in Article 201; Pornography of persons under the age of 18 or persons who are not capable of
understanding the significance of it or persons who are not capable of resisting it, set out in Article 202; Sexual
tourism against persons under the age of 18 or persons who are not capable of understanding the significance of
it or persons who are not capable of resisting it, set out in Articles 203 and 203 Bis; Procurer of persons under
the age of 18 or persons who are not capable of understanding the significance of it or capable of resisting it,
set out in Article 204; Assault, set out in Articles 286 and 287; Trafficking of minors or persons who are not
capable of understanding the significance of it, set out in Article 366 Ter and the stealing of vehicles, set out in
Article 376 Bis and 377 of the Federal Criminal Code or in the provisions in the criminal legislation of the states
and the Federal District;
VI. Crimes in the area of human trafficking, set out and punished in the First Tome, Second Title of the General
Law for the Prevention, Punishment and Eradication of Crimes in the Area of Human Trafficking and for the
Protection and Care of the Victims of Those Crimes, except in the case of Articles 32, 33 and 34;
VII. The conduct set out in Articles 9, 10, 11, 17 and 18 of the General Law for the Prevention and Punishment
of Crimes in the Area of Kidnapping, Article 73(XXI) of the Constitution of the United Mexican States.
VIII Bis. Fiscal fraud, set out on Article 108 and actions similar to fiscal fraud, set out in Article 109(I) and 109(IV)
of the Fiscal Code, only when the amount is three times more than what is established in Article 108(III);
VIII Ter. The conduct listed in Article 113 Bis of the Fiscal Code, only when the numbers, quantity or value of the
fiscal receipts that shield inexistent, false or simulated lawful acts are more than three times what is established
in Article 108(III) of the Fiscal Code of the Federation;
IX. What is established in Article 8(I) and 8(II), as well as in Article 9(I)(II)(III)(d) and the last paragraph of that
article, all in the Federal Law to Prevent and Punish the Crimes Committed in the Area of Hydrocarbons.
X. Against the environment in Article 420(IV) of the Federal Criminal Code. The infractions referred to in the
clauses set out in this article that are committed by a member of organized crime shall be investigated, tried and
sanctioned in accordance with the provisions of this Law.
Article 2. Bis.- Up to two-thirds of the sanctions set out in Article 4 of this instrument shall be imposed on those who concert
to commit the conducts indicated in Article 2 of this Law and agree on the means to carry out their determination. To prove the
conduct indicated in the prior paragraph, the existing confessions and testimonies must be corroborated with other data or
means of proof obtained through the instruments contemplated in the Second Title, First, Second, Sixth and Seventh Chapters
of the current Law, as well as those indicated in Articles 269, 270, 271, 272, 273, 274, 275, 276 and 289 of the National Code
of Criminal Procedure.
Article 2º. Ter.- Whoever knowing of the purpose and general unlawful activity of a criminal organization, intentionally and
actively participates in its unlawful activities or others of a distinct nature when the person is aware that his participation
contributes to achieving the unlawful purpose, shall be subject to the sanctions contained in Article 4 of this Law.
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