Capítulo III. Debido proceso y garantías

In the exercise and processing of the action for extinction of ownership, due process and the right of defense shall be guaranteed, allowing the person who might be affected to present evidence and participate in its taking, to oppose the claims being asserted against the property, in accordance with the provisions of this Law.

During the procedure, the rights of those who might be affected shall be guaranteed and protected, and in particular the following:

1.To prove the lawful origin of their patrimony or of the property whose unlawfulness is disputed, or its acquisition in good faith.

2.To prove that the property at issue does not fall within the grounds for the action for extinction of domain contained in this Law.

3.To demonstrate that, with respect to their patrimony or the property specifically constituting the object of the action, a favorable judgment has been issued that must be recognized as res judicata based on identity with respect to the subjects, the object and the cause or basis of the proceedings.

4.Any person who, as a result of the unlawful or criminal activities provided for in this Law, has been affected in their rights or property, may claim as an interested third party within the procedure for the action for extinction of domain, when it jeopardizes the recovery of their property or the payment of the compensation corresponding to them for damage and losses, and the judge or tribunal shall decide in the final decision in accordance with the evidence and the corresponding percentages.

5.In cases where the existence of property or rights of the Nation is presumed, a hearing and intervention shall likewise be granted to the Office of the Attorney General of the Nation for such legal effects as may be appropriate and for the submission of the corresponding evidence. Supreme Court of Justice. to identify, locate, recover or, as the case may be, repatriate the The decision of dismissal of proceedings or the judgment in criminal proceedings does not give rise to res judicata in the extinction of domain proceedings, nor suspend the action, the procedure or the final decision.

For purposes of the foregoing numerals in this article, no sworn statement shall be admitted to prove ownership.

Those who, on the occasion of the action for extinction of ownership, notified in accordance with this Law, exercise their rights, shall appear in person before the authority hearing the action, under penalty of having their default and abandonment declared, with the legal consequences that accordingly follow.

Personal appearance shall not be substituted through special, general, judicial or extrajudicial attorneys-in-fact or agents under a mandate, except due to a circumstance of exceptional and justified impediment that, in the judgment of the competent judge, renders personal appearance impossible. For minors or persons legally declared incapacitated, their legal representative shall appear.