Mexico - Revision history

IBJadmin at 13:43, 11 July 2019

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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">CODES</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">CODES</h2>
	*[http://www.~~ordenjuridico~~.gob.mx ~~Codes~~ of ~~Mexico~~]		*[http://www.diputados.gob.mx/LeyesBiblio/ref/cnpp.htm National Code of Criminal Procedures (Código Nacional de Procedimientos Penales)]
	*[http://www.~~stj~~.gob.mx/~~biblioteca~~/~~legislacion~~.~~php Codes~~ of ~~Chihuahua~~]		*[http://www.diputados.gob.mx/LeyesBiblio/ref/cpf.htm Federal Criminal Code (Código Penal Federal)]
			*[http://www.diputados.gob.mx/LeyesBiblio/ref/cpeum.htm Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos)]
	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
	* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]		* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]

IBJadmin: /* Background */

2019-07-11T13:41:44Z

Background

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	Additionally, the penitentiary centers administered by the Mexican States are, in their majority, overpopulated. In a study conducted from 2011 to 2017 by the National Census of Government, Public Safety and State Penitentiary System (Censo Nacional de Gobierno, Seguridad Pública y Sistema Penitenciario Estatales<ref>“Censo Nacional de Gobierno, Seguridad Pública y Sistema Penitenciario Estatales 2017: Presentación de resultados generales”. Censo Nacional de Gobierno 2017. Updated: August 30th, 2018. Available online: http://www.beta.inegi.org.mx/contenidos/programas/cngspspe/2017/doc/cngspspe_2017_resultados.pdf</ref>), it is noted that from 2011 to 2015, State prisons had an average of 120% overcrowding, with 100% being the maximum capacity of prisoners per jail. This problem is accentuated by the fact that a fairly significant part of the incarcerated population was deprived of their freedom without ever having a judicial conviction. In 2016, for example, sixty thousand and twenty-one people of the inmates, 35% of the total incarcerated population, had no sentence. At the end of 2016, one hundred and eighty-eight thousand two hundred and sixty-two people were confined in prisons and one thousand nine hundred and thirteen in treatment and/or detention centers for adolescents.<ref>“En Números: Estadísticas sobre el sistema penitenciario estatal en México”. Instituto Nacional de Estadística y Geografía (2017). Available online: http://www.cdeunodc.inegi.org.mx/unodc/wp-content/uploads/2018/01/en_numeros2.pdf.</ref>		Additionally, the penitentiary centers administered by the Mexican States are, in their majority, overpopulated. In a study conducted from 2011 to 2017 by the National Census of Government, Public Safety and State Penitentiary System (Censo Nacional de Gobierno, Seguridad Pública y Sistema Penitenciario Estatales<ref>“Censo Nacional de Gobierno, Seguridad Pública y Sistema Penitenciario Estatales 2017: Presentación de resultados generales”. Censo Nacional de Gobierno 2017. Updated: August 30th, 2018. Available online: http://www.beta.inegi.org.mx/contenidos/programas/cngspspe/2017/doc/cngspspe_2017_resultados.pdf</ref>), it is noted that from 2011 to 2015, State prisons had an average of 120% overcrowding, with 100% being the maximum capacity of prisoners per jail. This problem is accentuated by the fact that a fairly significant part of the incarcerated population was deprived of their freedom without ever having a judicial conviction. In 2016, for example, sixty thousand and twenty-one people of the inmates, 35% of the total incarcerated population, had no sentence. At the end of 2016, one hundred and eighty-eight thousand two hundred and sixty-two people were confined in prisons and one thousand nine hundred and thirteen in treatment and/or detention centers for adolescents.<ref>“En Números: Estadísticas sobre el sistema penitenciario estatal en México”. Instituto Nacional de Estadística y Geografía (2017). Available online: http://www.cdeunodc.inegi.org.mx/unodc/wp-content/uploads/2018/01/en_numeros2.pdf.</ref>


	==Type of Legal System==		==Type of Legal System==

IBJadmin at 13:40, 11 July 2019

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IBJadmin at 12:51, 11 July 2019

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	~~{{Languages\|Mexico}}~~


	==Background==		==Background==

	Mexico is a federal republic, ~~which has three levels of government:~~ federal, state ~~and municipal. There are also three levels of criminal systems~~. The federal system governs crimes within the federal jurisdiction (including serious crimes such as drug possession, alien smuggling, and some firearms charges) . Each of Mexico’s 31 states have their own criminal codes and codes of criminal procedure; serious crimes within state-level jurisdiction include homicide, kidnap, rape, possession of a deadly weapon, and property damage. The municipal systems govern minor infractions.		Mexico is a federal republic formed by thirty-two States. The legislation and jurisdiction of the criminal legal system responds to this administrative organization, leaving therefore federal crimes and state crimes according to their corresponding codes. The federal system governs crimes within the federal jurisdiction (including serious crimes such as drug possession, alien smuggling, and some firearms charges) . Each of Mexico’s 31 states have their own criminal codes and codes of criminal procedure; serious crimes within state-level jurisdiction include homicide, kidnap, rape, possession of a deadly weapon, and property damage. The municipal systems govern minor infractions.

			Before the reform carried out in 2008 regarding the constitutional system in criminal matters, Mexico had an inquisitive criminal system, with bureaucratic, delayed and completely written procedures in which it was common for judges to not have direct contact with the suspect. The 2008 reform, which entered into force throughout the national territory until 2016, introduced a criminal system that is meant to guarantee human rights and has accusatory adversarial courts in Mexico. In this new system, it is mandatory to hold public hearings with the presence of a judge and parties; preventive detention is no longer the rule, but the exception, prioritizing the presumption of innocence; the process is more efficient and all the evidence in a case is released in the same hearing (with certain exceptions) in which the judge must necessarily be present and whom orally has to explain the evaluation of the evidence.


			For the proper functioning of this new system, the National Code of Criminal Procedures (Código Nacional de Procedimientos Penales<ref>National Code of Criminal Procedures (Código Nacional de Procedimientos Penales). Available online: http://www.diputados.gob.mx/LeyesBiblio/ref/cnpp.htm</ref>) was drafted, which abrogated the existing procedural criminal codes for each State, as well as procedural federal code. The purpose of this new code is to standardize the national criminal procedure (both of the States and at the federal level) and establish the rules to be observed in the investigation, prosecution and punishment of crimes, to clarify the facts, protect the innocent, ensure that the culprit does not go unpunished and that the damage is repaired, and thus contribute to ensuring access to justice. Despite this, it remains questionable how much justice has been achieved in this area. As in several countries in Latin America, access to justice in Mexico is quite unequal.


			The latest legislative reform updated Mexico from the backlog in the administration of justice and protection of human rights, but there are still lags in the system. To mention some examples, in matters of infrastructure, adequate spaces are still needed for oral trials and, in matters of training, the Public Prosecutor, the police, judges and lawyers are mostly outdated. In addition, the workload for public prosecutors and public defenders is extremely high; this does not allow the rights enshrined in the criminal reform to materialize. Even more worrisome is the fact that due to the procedural structure set forth in the National Code of Criminal Procedures, one could pay attention to the fabrication of guilty parties, torture of the accused and impunity. Finally, levels of corruption by the operators of the justice system remain high.


	~~There~~ are ~~also three different jail systems~~. ~~All municipalities have~~ a ~~smaller jail in~~ the ~~police departments~~ and ~~some municipalities have Centros~~ de ~~Readaptacion Social (CERESOs~~). ~~The states have~~ the ~~well~~-~~known CERESOs~~. ~~Lastly~~, ~~the federation hasCentrosFederales~~ de ~~Readaptacion Social~~(~~CEFERESOs~~). ~~These are, typically, jails of maximum security~~.		Additionally, the penitentiary centers administered by the Mexican States are, in their majority, overpopulated. In a study conducted from 2011 to 2017 by the National Census of Government, Public Safety and State Penitentiary System (Censo Nacional de Gobierno, Seguridad Pública y Sistema Penitenciario Estatales<ref>“Censo Nacional de Gobierno, Seguridad Pública y Sistema Penitenciario Estatales 2017: Presentación de resultados generales”. Censo Nacional de Gobierno 2017. Updated: August 30th, 2018. Available online: http://www.beta.inegi.org.mx/contenidos/programas/cngspspe/2017/doc/cngspspe_2017_resultados.pdf</ref>), it is noted that from 2011 to 2015, State prisons had an average of 120% overcrowding, with 100% being the maximum capacity of prisoners per jail. This problem is accentuated by the fact that a fairly significant part of the incarcerated population was deprived of their freedom without ever having a judicial conviction. In 2016, for example, sixty thousand and twenty-one people of the inmates, 35% of the total incarcerated population, had no sentence. At the end of 2016, one hundred and eighty-eight thousand two hundred and sixty-two people were confined in prisons and one thousand nine hundred and thirteen in treatment and/or detention centers for adolescents.<ref>“En Números: Estadísticas sobre el sistema penitenciario estatal en México”. Instituto Nacional de Estadística y Geografía (2017). Available online: http://www.cdeunodc.inegi.org.mx/unodc/wp-content/uploads/2018/01/en_numeros2.pdf.</ref>

	All of Mexico’s jails are overcrowded. Some, such as the municipal CERESO of Juarez, Chihuahua, are 200% over capacity. Typically, the jails are overpopulated by 30%. Some jails, such as those in Mexico, D.F., have up to 10 detainees in a room meant for 4 people. These prisoners have to pay cash in exchange for a space to sleep or, if they do not have money, are forced to sleep along the walls. All things in jail can be bought for a price. For example, one can purchase 5 minutes in a shared restroom, cigars, a pillow, etc. Of the prison population, 40% are non-yet-sentenced detainees<ref>http://abcnews.go.com/amp/International/wireStory/report-mexican-prisons-overcrowded-unsafe-understaffed-48040833</ref>.

	==Type of Legal System==		==Type of Legal System==

	The Mexican legal system can trace its roots back to 16th century Spanish law and pre-Colombian Indigenous law. This included law that was introduced particularly for colonial Mexico that was not present in Spain <ref>http://www.nyulawglobal.org/globalex/mexico1.htm~~</ref> . The Mexican legal tradition is civil, with the hierarchy of sources of law being first the Constitution, then legislation, then regulation, and finally, custom<ref>Ibid~~</ref>.		Having been part of Nueva España, one of the Spanish colonies, Mexico adopted and continues to have a civil legal system adopted from the Spanish, who in turn adopted the Napoleonic civil law system. The Mexican legal system can thus trace its roots back to 16th century Spanish law and pre-Colombian Indigenous law. This included law that was introduced particularly for colonial Mexico that was not present in Spain <ref>http://www.nyulawglobal.org/globalex/mexico1.htm</ref>.

	The civil law tradition generally follows an inquisitorial model of criminal procedure. However, after substantial reforms throughout the course of Mexico’s history and the influence of different legal systems, Mexico’s legal tradition is unique <ref>David Shirk “Justice Reform in Mexico: Change and Challenges in the Judicial Sector” Wilson Center. Page 214. http://www.wilsoncenter.org/sites/default/files/Chapter%207-%20Justice%20Reform%20in%20Mexico,%20Change%20and%20Challenges%20in%20the%20Judicial%20Sector.pdf</ref> Under the leadership of President Felipe Calderón (2006-2012), significant reforms were introduced in 2008, to be implemented federally and throughout the country by 2016.		The civil law tradition generally follows an inquisitorial model of criminal procedure. However, after substantial reforms throughout the course of Mexico’s history and the influence of different legal systems, Mexico’s legal tradition is unique <ref>David Shirk “Justice Reform in Mexico: Change and Challenges in the Judicial Sector” Wilson Center. Page 214. http://www.wilsoncenter.org/sites/default/files/Chapter%207-%20Justice%20Reform%20in%20Mexico,%20Change%20and%20Challenges%20in%20the%20Judicial%20Sector.pdf</ref> Under the leadership of President Felipe Calderón (2006-2012), significant reforms were introduced in 2008, to be implemented federally and throughout the country by 2016.
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	These reforms brought changes to criminal procedure, including a shift to a more adversarial model similar to that of the United States. Additionally, these reforms give greater attention to the rights of the accused, changed the role of the police in criminal investigations, and created specific actions to combat organized crime<ref>Supra note 5 page 216</ref>.		These reforms brought changes to criminal procedure, including a shift to a more adversarial model similar to that of the United States. Additionally, these reforms give greater attention to the rights of the accused, changed the role of the police in criminal investigations, and created specific actions to combat organized crime<ref>Supra note 5 page 216</ref>.

	By the ~~end~~ of ~~2012,~~ of ~~Mexico’s 32 states, 22 had ratified the new~~ criminal procedure ~~codes~~, ~~but only 12 had begun~~ to ~~put them into operation~~ <ref>~~Clare RibandoSeelke, “Supporting Criminal Justice System Reform in Mexico: The US Role” Congressional Research Service (2013) i~~</ref>. ~~While~~ the reforms suggested are admirable, they have been criticized as attempting to do too much with too few resources in an unrealistic time frame <ref>Supra note 5 page 237</ref>. It is hopeful that current President Enrique Peña Nieto has reaffirmed his commitment to reforming the ~~justice system~~		The sources of criminal legislation expressed in the Código Penal Federal (Federal Criminal Code [CPF]) Código Federal de ProcedimientosPenales(Federal Code of Criminal Procedure [CFPP]); these set the standard for the state-level criminal codes and codes of criminal procedure, though there is significant variation from state-to-state <ref>Ibidpage 214</ref>.


			==Legal situation of the rights of the accused==

			end editing there


	The sources of criminal legislation expressed in the Código Penal Federal (Federal Criminal Code [CPF]) Código Federal de ProcedimientosPenales(Federal Code of Criminal Procedure [CFPP]); these set the standard for the state-level criminal codes and codes of criminal procedure, though there is significant variation from state-to-state <ref>Ibidpage 214</ref>.

	==Source of defendants’ rights==		==Source of defendants’ rights==

IBJadmin at 15:17, 5 March 2018

2018-03-05T15:17:56Z

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	There are also three different jail systems. All municipalities have a smaller jail in the police departments and some municipalities have Centros de Readaptacion Social (CERESOs). The states have the well-known CERESOs. Lastly, the federation hasCentrosFederales de Readaptacion Social(CEFERESOs). These are, typically, jails of maximum security.		There are also three different jail systems. All municipalities have a smaller jail in the police departments and some municipalities have Centros de Readaptacion Social (CERESOs). The states have the well-known CERESOs. Lastly, the federation hasCentrosFederales de Readaptacion Social(CEFERESOs). These are, typically, jails of maximum security.

	All of Mexico’s jails are overcrowded. Some, such as the municipal CERESO of Juarez, Chihuahua, are 200% over capacity. Typically, the jails are overpopulated by 30%. Some jails, such as those in Mexico, D.F., have up to 10 detainees in a room meant for 4 people. These prisoners have to pay cash in exchange for a space to sleep or, if they do not have money, are forced to sleep along the walls. All things in jail can be bought for a price. For example, one can purchase 5 minutes in a shared restroom, cigars, a pillow, etc. Of the prison population, 40% are non-yet-sentenced detainees~~. For the above reasons, Mexican jails have been named “crime schools” or “crime university"~~<ref>http://abcnews.go.com/amp/International/wireStory/report-mexican-prisons-overcrowded-unsafe-understaffed-48040833</ref>.		All of Mexico’s jails are overcrowded. Some, such as the municipal CERESO of Juarez, Chihuahua, are 200% over capacity. Typically, the jails are overpopulated by 30%. Some jails, such as those in Mexico, D.F., have up to 10 detainees in a room meant for 4 people. These prisoners have to pay cash in exchange for a space to sleep or, if they do not have money, are forced to sleep along the walls. All things in jail can be bought for a price. For example, one can purchase 5 minutes in a shared restroom, cigars, a pillow, etc. Of the prison population, 40% are non-yet-sentenced detainees<ref>http://abcnews.go.com/amp/International/wireStory/report-mexican-prisons-overcrowded-unsafe-understaffed-48040833</ref>.

	==Type of Legal System==		==Type of Legal System==
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	'''''Initial Court Appearance'''''		'''''Initial Court Appearance'''''

	The preliminary investigation is executed by the public prosecutor<ref>Código Federal de Procedimientos Penales,Article 2 </ref>. The police act under the direct leadership and command of the public prosecutor’s office in the investigation of crimes. The Public Prosecutor’s office is obliged to proceed automatically into the investigation of crimes once they are notified of them<ref>Código Federal de Procedimientos Penales,Article 113</ref>. Upon the preliminary investigation proceedings by the Federal Public Ministry, if it is found detention is justified, it will move on to make appropriation to the courts, at which time the Public Prosecutor can order the release if they find the detention to be unjustified<ref>Código Federal de Procedimientos Penales,Article 135</ref>. In Mexico, arguments are written rather than presented live, so a court appearance may not occur at all.		The preliminary investigation is executed by the public prosecutor<ref>Código Federal de Procedimientos Penales,Article 2 </ref>. The police act under the direct leadership and command of the public prosecutor’s office in the investigation of crimes. The Public Prosecutor’s office is obliged to proceed automatically into the investigation of crimes once they are notified of them<ref>Código Federal de Procedimientos Penales,Article 113 </ref>. Upon the preliminary investigation proceedings by the Federal Public Ministry, if it is found detention is justified, it will move on to make appropriation to the courts, at which time the Public Prosecutor can order the release if they find the detention to be unjustified<ref>Código Federal de Procedimientos Penales,Article 135</ref>. In Mexico, arguments are written rather than presented live, so a court appearance may not occur at all.

	'''''Preliminary Hearing'''''		'''''Preliminary Hearing'''''

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 '''''Right to ''Habeas Corpus'''''''
-The right to habeas corpus is found in Mexican law as the law of amparo. This is a special writ of protection or injunction common to Latin American countries. It is a right of constitutional protection, when the accused believes his or her constitutional or other rights are being violated, they can invoke amparo.
+The right to ''habeas corpus'' is found in Mexican law as the right of ''amparo''. This is a special kind of protection or injunction common to Latin American countries. It is a right of constitutional protection, when the accused believes his or her constitutional or other rights are being violated, they can invoke amparo.
 '''''Right to Notice of Charges'''''
@@ Line 134: / Line 134: @@
 '''''Right to Appeal'''''
-Appeals are designed to examine whether the applicable law applied in the decision was not applied correctly, whether regulatory principles were violated, or if facts were altered, unfounded, or not reasoned correctly.  The accused will have the right to appeal in such cases.
+Appeals are designed to examine whether the applicable law applied in the decision was not applied correctly, whether regulatory principles were violated, or if facts were altered, unfounded, or not reasoned correctly<ref>Código Federal de Procedimientos Penales,Article 363</ref>.  The accused will have the right to appeal in such cases.
 -----
 See [[Criminal Justice Systems Around the World]]
 {{Languages|Mexico}}
 __NOTOC__

IBJadmin at 14:45, 5 March 2018

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IBJadmin at 14:40, 5 March 2018

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	'''''Procedure with Witnesses'''''		'''''Procedure with Witnesses'''''

	Before giving their testimony, witnesses are instructed on the penalties of the Criminal Code for giving false statements and refusing to testify. Witnesses then take an oath, swearing to tell the truth, and are then instructed to give personal information such as full name, age, place of origin, etc., and any relationship they have to the accused. The public prosecutor, the accused, the defence, and the victim(s) all have the right to cross-examine		Before giving their testimony, witnesses are instructed on the penalties of the Criminal Code for giving false statements and refusing to testify. Witnesses then take an oath, swearing to tell the truth, and are then instructed to give personal information such as full name, age, place of origin, etc., and any relationship they have to the accused. The public prosecutor, the accused, the defence, and the victim(s) all have the right to cross-examine the witness. This is all recorded. When the witness is finished giving his or her statement, he/she may review it, ratify or amend it, and then sign it<ref>Código Federal de Procedimientos Penales,Articles 247-257</ref>.

			''''Capital Punishment'''''

			Capital punishment was officially abolished in 2005, though in civil cases it has not been used since 1937, and since 1961 in military cases. The prohibition on the death penalty is found in the Constitution under artículo 29.

			==Due Process Rights==

			''''Freedom from Prolonged Pre-Trial Detention''''

			The Constitution states that the accused shall be tried within 4 month if charged with an offense whose maximum penalty does not exceed 2 years imprisonment and within a year if the maximum penalty is greater.

			''''Right to Counsel''''

			Article 20(IX) outlines the requirements for the accused’s representation. The accused may represent his or herself, or may be represented by counsel. Should the accused have no one to defend him or her, a list of counsel will be provided, or otherwise the court can appoint counsel for his or her defense.

			''''Right to ''Habeas Corpus''''''

			The right to habeas corpus is found in Mexican law as the law of amparo. This is a special writ of protection or injunction common to Latin American countries. It is a right of constitutional protection, when the accused believes his or her constitutional or other rights are being violated, they can invoke amparo.

			''''Right to Notice of Charges''''

			Under Article 20(iii) of the Constitution, the accused is to be notified within 48 hours of arrest the name of his or her accuser, and the nature of and cause for the accusation.

			''''Right to a Speedy Trial''''

			The right to a speedy trial is found within Artículo 17 of the Constitution, which holds that all persons have the right to an expedient, thorough, and impartial trial.

			''''Right to Independent and Impartial Court''''

			The right to an independent and impartial court is found within Artículo 17 of the Constitution, which holds that all persons have the right to an expedient, thorough, and impartial trial.

			''''Right to a Fair Trial''''

			The right to a fair trial is found within Artículo 17 of the Constitution, which holds that all persons have the right to an expedient, thorough, and impartial trial.

			This right is also expressed in Article 14(1) of the ICCPR, which states that all people have a right to a “fair and public hearing.”

			''''Right to non Self-Discrimination''''

			Article 20(II) provides that no accused will be forced to be a witness against him or herself.

			''''Freedom from Punishment''''

			Artículo 22 forbids the use of punishments, such as forms of torture, beating, excessive fines and excessive seizures of property. However, it goes on to outline the cases in which seizure of property may be permitted.

			''''Right to Appeal''''

			Appeals are designed to examine whether the applicable law applied in the decision was not applied correctly, whether regulatory principles were violated, or if facts were altered, unfounded, or not reasoned correctly. The accused will have the right to appeal in such cases.

IBJadmin at 14:31, 5 March 2018

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	==Police Procedures==		==Police Procedures==

	=Complaint/Information=		===Complaint/Information===

	Complaints are received by the public prosecutor<ref>Código Federal de Procedimientos Penales,Article 2(I).</ref>.		Complaints are received by the public prosecutor<ref>Código Federal de Procedimientos Penales,Article 2(I).</ref>.

	=Arrest=		===Arrest===

	The executing authority of an arrest shall put the indicted individual under a judge’s jurisdiction without delay. This authority is accountable for any wrongdoing that occurs during the arrest. The violation of these rules is considered a criminal offense. In the case of blatant criminal offense, any person shall have the power to arrest the perpetrator and then hand him/her to the closest authority, who shall in turn hand the perpetrator over to the closest public prosecutor<ref>Constitución Política de los Estados Unidos Mexicanos, Article 16</ref>.		The executing authority of an arrest shall put the indicted individual under a judge’s jurisdiction without delay. This authority is accountable for any wrongdoing that occurs during the arrest. The violation of these rules is considered a criminal offense. In the case of blatant criminal offense, any person shall have the power to arrest the perpetrator and then hand him/her to the closest authority, who shall in turn hand the perpetrator over to the closest public prosecutor<ref>Constitución Política de los Estados Unidos Mexicanos, Article 16</ref>.

	=Pre-Trial Detention=		===Pre-Trial Detention===

	Once suspects are detained, their case is to be registered with the Public Ministry immediately<ref>Código Federal de Procedimientos Penales, Article 2(IV)</ref>. No more than 48 hours after the arrest has taken place, the defendant will be notified in a public hearing about the nature of the accusation<ref>Código Federal de Procedimientos Penales, 20A(II)</ref>. The Constitution states that the accused shall be tried within 4 month if charged with an offense whose maximum penalty does not exceed 2 years imprisonment and within a year if the maximum penalty is greater<ref>Constitución Política de los Estados Unidos Mexicanos, Article 20A (VIII</ref>.		Once suspects are detained, their case is to be registered with the Public Ministry immediately<ref>Código Federal de Procedimientos Penales, Article 2(IV)</ref>. No more than 48 hours after the arrest has taken place, the defendant will be notified in a public hearing about the nature of the accusation<ref>Código Federal de Procedimientos Penales, 20A(II)</ref>. The Constitution states that the accused shall be tried within 4 month if charged with an offense whose maximum penalty does not exceed 2 years imprisonment and within a year if the maximum penalty is greater<ref>Constitución Política de los Estados Unidos Mexicanos, Article 20A (VIII</ref>.

	=Searches=		===Searches===

	To obtain a search warrant, the existence of evidence or information that leads to the reasonable assumption that the accused was present during the crime will suffice<ref>Código Federal de Procedimientos Penales,Article 63</ref>.		To obtain a search warrant, the existence of evidence or information that leads to the reasonable assumption that the accused was present during the crime will suffice<ref>Código Federal de Procedimientos Penales,Article 63</ref>.

	=Interrogation=		===Interrogation===

	Article 20(a)(ii) of the Constitution states that no one shall be compelled to make a statement. Any use of intimidation, torture or solitary confinement shall be forbidden and punished under criminal law. Suspects’ confessions will be valid only when made before a public prosecutor or judge. In both cases the suspect’s lawyer shall be present. A confession made to any other authority shall not be used as evidence in a court of law.		Article 20(a)(ii) of the Constitution states that no one shall be compelled to make a statement. Any use of intimidation, torture or solitary confinement shall be forbidden and punished under criminal law. Suspects’ confessions will be valid only when made before a public prosecutor or judge. In both cases the suspect’s lawyer shall be present. A confession made to any other authority shall not be used as evidence in a court of law.
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	==Rights of the Accused: Criminal Law System==		==Rights of the Accused: Criminal Law System==

	''Double Jeopardy''		'''''Double Jeopardy'''''

	The Mexican Constitution recognizes the principle of double jeopardy in that no one can be tried for the same crime twice. Located under artículo 23, no criminal trial can have more than three instances, and no one can be tried twice for the same crime, whether or not the accused was acquitted or convicted.		The Mexican Constitution recognizes the principle of double jeopardy in that no one can be tried for the same crime twice. Located under artículo 23, no criminal trial can have more than three instances, and no one can be tried twice for the same crime, whether or not the accused was acquitted or convicted.

	''Legality Principle''		'''''Legality Principle'''''

	The legality principle is the idea that laws are clear, accessible and understandable by all, and non-retroactive. Non-retroactivity means that a person cannot be charged for a crime that did not exist or was not enforced at the time the person was charged. This principle is found in Artículo 14 of the Constitution.		The legality principle is the idea that laws are clear, accessible and understandable by all, and non-retroactive. Non-retroactivity means that a person cannot be charged for a crime that did not exist or was not enforced at the time the person was charged. This principle is found in Artículo 14 of the Constitution.

	''Presumption of Innocence''		'''''Presumption of Innocence'''''

	Mexico has in the past been criticized as having a “guilty until proven innocent” standard<ref>http://www.mexonline.com/lawreview.htm</ref>. However, with the 2008 reforms, the presumption of innocence standard is being implemented throughout the Mexican criminal justice system. The extent to which this standard has been adopted throughout the States is currently difficult to discern. This standard has not been codified in the Constitution or the CFPP.		Mexico has in the past been criticized as having a “guilty until proven innocent” standard<ref>http://www.mexonline.com/lawreview.htm</ref>. However, with the 2008 reforms, the presumption of innocence standard is being implemented throughout the Mexican criminal justice system. The extent to which this standard has been adopted throughout the States is currently difficult to discern. This standard has not been codified in the Constitution or the CFPP.
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	However, this right is guaranteed by Article 14(2) of the ICCPR.		However, this right is guaranteed by Article 14(2) of the ICCPR.

	''Procedure with Witnesses''		'''''Procedure with Witnesses'''''

	Before giving their testimony, witnesses are instructed on the penalties of the Criminal Code for giving false statements and refusing to testify. Witnesses then take an oath, swearing to tell the truth, and are then instructed to give personal information such as full name, age, place of origin, etc., and any relationship they have to the accused. The public prosecutor, the accused, the defence, and the victim(s) all have the right to cross-examine		Before giving their testimony, witnesses are instructed on the penalties of the Criminal Code for giving false statements and refusing to testify. Witnesses then take an oath, swearing to tell the truth, and are then instructed to give personal information such as full name, age, place of origin, etc., and any relationship they have to the accused. The public prosecutor, the accused, the defence, and the victim(s) all have the right to cross-examine

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 The sources of criminal legislation expressed in the Código Penal Federal (Federal Criminal Code [CPF]) Código Federal de ProcedimientosPenales(Federal Code of Criminal Procedure [CFPP]); these set the standard for the state-level criminal codes and codes of criminal procedure, though there is significant variation from state-to-state <ref>Ibidpage 214</ref>.

← Older revision		Revision as of 16:45, 5 March 2018
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	Before giving their testimony, witnesses are instructed on the penalties of the Criminal Code for giving false statements and refusing to testify. Witnesses then take an oath, swearing to tell the truth, and are then instructed to give personal information such as full name, age, place of origin, etc., and any relationship they have to the accused. The public prosecutor, the accused, the defence, and the victim(s) all have the right to cross-examine the witness. This is all recorded. When the witness is finished giving his or her statement, he/she may review it, ratify or amend it, and then sign it<ref>Código Federal de Procedimientos Penales,Articles 247-257</ref>.		Before giving their testimony, witnesses are instructed on the penalties of the Criminal Code for giving false statements and refusing to testify. Witnesses then take an oath, swearing to tell the truth, and are then instructed to give personal information such as full name, age, place of origin, etc., and any relationship they have to the accused. The public prosecutor, the accused, the defence, and the victim(s) all have the right to cross-examine the witness. This is all recorded. When the witness is finished giving his or her statement, he/she may review it, ratify or amend it, and then sign it<ref>Código Federal de Procedimientos Penales,Articles 247-257</ref>.

	''''Capital Punishment'''''		'''''Capital Punishment'''''

	Capital punishment was officially abolished in 2005, though in civil cases it has not been used since 1937, and since 1961 in military cases. The prohibition on the death penalty is found in the Constitution under artículo 29.		Capital punishment was officially abolished in 2005, though in civil cases it has not been used since 1937, and since 1961 in military cases. The prohibition on the death penalty is found in the Constitution under artículo 29.
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	==Due Process Rights==		==Due Process Rights==

	''''Freedom from Prolonged Pre-Trial Detention''''		'''''Freedom from Prolonged Pre-Trial Detention'''''

	The Constitution states that the accused shall be tried within 4 month if charged with an offense whose maximum penalty does not exceed 2 years imprisonment and within a year if the maximum penalty is greater.		The Constitution states that the accused shall be tried within 4 month if charged with an offense whose maximum penalty does not exceed 2 years imprisonment and within a year if the maximum penalty is greater.

	''''Right to Counsel''''		'''''Right to Counsel'''''

	Article 20(IX) outlines the requirements for the accused’s representation. The accused may represent his or herself, or may be represented by counsel. Should the accused have no one to defend him or her, a list of counsel will be provided, or otherwise the court can appoint counsel for his or her defense.		Article 20(IX) outlines the requirements for the accused’s representation. The accused may represent his or herself, or may be represented by counsel. Should the accused have no one to defend him or her, a list of counsel will be provided, or otherwise the court can appoint counsel for his or her defense.

	''''Right to ''Habeas Corpus''''''		'''''Right to ''Habeas Corpus'''''''

	The right to habeas corpus is found in Mexican law as the law of amparo. This is a special writ of protection or injunction common to Latin American countries. It is a right of constitutional protection, when the accused believes his or her constitutional or other rights are being violated, they can invoke amparo.		The right to habeas corpus is found in Mexican law as the law of amparo. This is a special writ of protection or injunction common to Latin American countries. It is a right of constitutional protection, when the accused believes his or her constitutional or other rights are being violated, they can invoke amparo.

	''''Right to Notice of Charges''''		'''''Right to Notice of Charges'''''

	Under Article 20(iii) of the Constitution, the accused is to be notified within 48 hours of arrest the name of his or her accuser, and the nature of and cause for the accusation.		Under Article 20(iii) of the Constitution, the accused is to be notified within 48 hours of arrest the name of his or her accuser, and the nature of and cause for the accusation.

	''''Right to a Speedy Trial''''		'''''Right to a Speedy Trial'''''

	The right to a speedy trial is found within Artículo 17 of the Constitution, which holds that all persons have the right to an expedient, thorough, and impartial trial.		The right to a speedy trial is found within Artículo 17 of the Constitution, which holds that all persons have the right to an expedient, thorough, and impartial trial.

	''''Right to Independent and Impartial Court''''		'''''Right to Independent and Impartial Court'''''

	The right to an independent and impartial court is found within Artículo 17 of the Constitution, which holds that all persons have the right to an expedient, thorough, and impartial trial.		The right to an independent and impartial court is found within Artículo 17 of the Constitution, which holds that all persons have the right to an expedient, thorough, and impartial trial.

	''''Right to a Fair Trial''''		'''''Right to a Fair Trial'''''

	The right to a fair trial is found within Artículo 17 of the Constitution, which holds that all persons have the right to an expedient, thorough, and impartial trial.		The right to a fair trial is found within Artículo 17 of the Constitution, which holds that all persons have the right to an expedient, thorough, and impartial trial.
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	This right is also expressed in Article 14(1) of the ICCPR, which states that all people have a right to a “fair and public hearing.”		This right is also expressed in Article 14(1) of the ICCPR, which states that all people have a right to a “fair and public hearing.”

	''''Right to non Self-Discrimination''''		'''''Right to non Self-Discrimination'''''

	Article 20(II) provides that no accused will be forced to be a witness against him or herself.		Article 20(II) provides that no accused will be forced to be a witness against him or herself.

	''''Freedom from Punishment''''		'''''Freedom from Punishment'''''

	Artículo 22 forbids the use of punishments, such as forms of torture, beating, excessive fines and excessive seizures of property. However, it goes on to outline the cases in which seizure of property may be permitted.		Artículo 22 forbids the use of punishments, such as forms of torture, beating, excessive fines and excessive seizures of property. However, it goes on to outline the cases in which seizure of property may be permitted.

	''''Right to Appeal''''		'''''Right to Appeal'''''

	Appeals are designed to examine whether the applicable law applied in the decision was not applied correctly, whether regulatory principles were violated, or if facts were altered, unfounded, or not reasoned correctly. The accused will have the right to appeal in such cases.		Appeals are designed to examine whether the applicable law applied in the decision was not applied correctly, whether regulatory principles were violated, or if facts were altered, unfounded, or not reasoned correctly. The accused will have the right to appeal in such cases.