The Mexican criminal Law system is different. Mexico has zero systems of the jury.
The country just finished a complete reform of its judicial system across all the country's states with the incorporation of the adverse system in place of the legalistic system, said Diego Ruiz Duran. The major factor among the notable changes in the front of innocence, due process, and latest tribunal systems. The trials shall be arranged in front of the public and shall be bias-free. It should reflect the equality between the victim and the defendant, in which both the parties would be asked to given authentic proofs. Moreover, they shall be able to provide reasoning to protect themselves when they are presented before the judge.
Arrest and Attention
The criminal law system of Mexico applies to both the locals and foreigners. It applies to all who commit any crime within the country.
The country's political Constitution states that the people in the country shall enjoy the guarantees designed therein. This means that both nationals and foreigners inside the boundary of Mexico shall take advantage of the guarantees and rights presented in the country's constitution. There are two kinds of offenses in the Mexican Criminal Law system. One is the State offense, and the second one is the Federal Offences. The police of the country can arrest by the permission granted by the state or federal police.
Diego Ruiz Duran further added that if a person, irrespective of his origin, is accused of committing a federal crime, after the arrest, the culprit is entitled at any phase of the criminal proceeding to a proper legal defense either by a public defender or by a private defender chosen by him to fight for his rights in the court.
Investigation and Bail
Following the latest Mexican criminal system, pre-trial detention is an exception. Pre-trial detention is only for serious offenses. Pre-trial detention will also be applied in cases of crimes.
• When the accused appears in court.
• The investigation is in progress.
• the protection of the victim, witnesses, or the community;
• the accused is being prosecuted for committing an intentional crime.
• When the defendant has previously committed a crime too.
In case the offense is not a serious one, the Ministerio Publico will first arrange for a mediation unit where both parties can sit and resolve the issue a conversation- If a person is arrested in Mexico, the police will first arrange a meeting with Ministerio Publico. It is responsible for deciding if the issue is serious or not and what sort of meeting shall be placed to resolve the issue between the parties. A total of 48 hours deadline is given to the Ministerio Publico to take a decision. If the deadline is not met, the person will be released.
If a crime is serious, the culprit or the damaged party will appear in front of the court on the set dates. The foreigner culprit will be stopped from leaving the country until a decision is made. The judge can also take the following measures:
• payment of a financial guarantee
• deposit of restitution money
• freezing of assets (property and financial)
• prohibition to leave the country or the jurisdiction determined by the judge
• restraining order
• house arrest
An initial hearing is arranged to check if there is enough evidence to arrange a trial. At the initial hearing, the pre-trial judge or control makes sure that the person is informed of his legal rights and how he can apply for them. Foreigner culprit will be asked to provide a statement. The Ministerio Público then orally explains the charges against him and offers fine shreds of evidence, if any, said Diego Ruiz Duran.
The judge for the pre-trial gives a deadline for the closing of the investigation that does not crosses two months for crimes and can be ended up in imprisonment of two years and up to 6 months for crimes punishable by over two years of imprisonment.
Once the investigation has concluded, Ministerio Público has 15 days to either dismiss the case or request suspension.
The Criminal trial
In the latest adversarial system, both parties provide proof directly to the court. The case is conducted transparently. The judge decides on merit. The Ministerio Público defends his clients. Within ten days following the notification of the judgment, the parties may present a written appeal to the judge who pronounced the verdict. To know more please click here.
