Home > 2.9 Electoral offences and sanctions > MEXICO - General Law on Electoral Institutions and Procedures of Mexico
 
 
 
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Article 468
 

468.1. The investigation for the certain knowledge of the facts will be carried out by the Institute in a serious, coherent, suitable, effective, prompt, complete and exhaustive manner.


468.2. Once the Technical Unit of Electoral Disputes of the Executive Secretariat has information about the denounced facts of the case, it will, where relevant, immediately dictate the measures necessary to attest to the same in order to prevent that the traces or remains are lost, destroyed or altered, and in general in order to avoid the hindrance of the investigation.


468.3. Once the Technical Unit of Electoral Disputes of the Executive Secretariat has admitted the complaint or report, it will gather the evidence that it deems appropriate to integrate the respective file. For this purpose, it will, through official document, request the central or decentralized bodies of the Institute to carry out the necessary investigations or to collect the necessary evidence. The timeframe for carrying out the investigation cannot exceed forty days, counted from the receipt of the written complaint or report in the Secretariat or from the ex off cio start of the procedure by the Secretariat. This period may be expanded only once as an exceptional measure for up to a period equal to the one mentioned above through a properly motivated agreement issued by the Technical Unit of Electoral Disputes of the Executive Secretariat.


468.4. If the Technical Unit of Electoral Disputes of the Executive Secretariat, within the deadline set for the admission of the complaint or report, assesses that precautionary measures should be issued, it will suggest this to the Complaints and Reports Commission so that it resolves on the matter within twenty-four hours, in order to achieve the suspension of the acts or facts that constitute the infringement and to avoid the production of irreparable damage, that the principles that govern the electoral processes are affected, or the infringement on the legal rights protected by the provisions contained in this Law.


468.5. The Secretary of the General Council can request from the federal, state or municipal authorities, as appropriate, the reports, certifications or the support necessary for the realization of proceedings that contribute to investigate and verify the certainty of the denounced facts. With the same purpose, the Secretary can require of natural and legal persons the delivery of the information and evidence that are necessary.


468.6. The proceedings carried out in the course of the investigation should be executed by the Technical Unit of Electoral Disputes of the Executive Secretariat, by the public servant or by the legal representative that the public servant appoints at the written request of any of the above, or by the executive members of the decentralized bodies of the Institute. Exceptionally, the previously mentioned members may appoint any of the members of the boards so that they carry out these proceedings. In any case, the executive members will be responsible for the proper exercise of the investigative role.