Legal tradition in Mexico is considered to be influenced by the Civil or Code system, it means that rules and procedures are usually prescribed by the legislative branch and codified in specific bodies of laws. Therefore, rules and procedures on federal criminal justice are mainly concentrated at the Federal Code on Criminal Proceedings. According the article 1rst of this set of rules, different proceedings are contemplated, such as:
- Previous Investigation until the consignation of the case before a jurisdictional authority.- In practical sense, this is the police investigation leaded by the Public Ministry, prosecutor, in order to gather evidence and information to decide if a criminal action would be started against the accused or suspect;
- Pre-Instruction.- It starts when a case is filed by the Public Ministry before a Jurisdictional authority, District Judge, after a criminal action was started. In This stage, the judge, must decide if proper grounds and evidence were found in order to start a criminal process against a suspect or dismiss the case as result of lack of evidence.
- Instruction.- This stage, both parties, the prosecutor and the defendant are entitled to propose evidence and information in order to prove their allegations. Also, it includes all the proceedings ordered by the Judge in order to gather information and evidence, such examination of witnesses, expert opinion, etc. This stage is closed until the evidence proposed is completed and a formal declaration is made by the Judge.
- First Instance.- It is the formal moment when the prosecutor’s pretension is established, accusation and punishment for the defendant, or a case dismissed as result of lack of evidence. Also, the defendant will be able to respond the accusation. It is in this stage when the Tribunal have to analyze and weight all the information and evidence gathered during previous proceedings and after that it will render a decision or sentence, guilty or not guilty, and all the legal consequences, such as penalty, security measures, restitution of right or damages awarded, etc.;
- Second Instance.- Before a Court of Appeal and it encompass all the proceedings to resolve defense resources exercised by the parties, either versus provisional of definitive determinations taken by the court.
- The Execution.- It starts when no legal resource is available for the defendant to revert the sentence and it encompass all measures to manage the sanction until it is completed, such as jail time, etc.
- Those for incapable persons, such as mentally challenged, minors or drug users.
According to the Article 4th of the Federal Code on Criminal Proceedings, in Mexico federal tribunals are in charge to decide if an action, or omission, is a federal offence or felony and its possible consequences, such as the level of responsibility for the defendant, penalties o security measures, etc. In order to achieve that goal tribunals have to go through different stages or proceedings contemplated as part of the Criminal Process. These proceedings are:
- Pre-instruction;
- Instruction;
- First Instance; and
- Second Instance before a Court of Appeal
The article Mexico’s Oil Industry Reform —- Opportunities for North American Companies co-authored by our director Guillermo “Memo” Cruz and Mr. Ralph Cuervo-Lorens of Blaney McMurtry was published in North American Free Trade & Investment Report’s October 15th issue.
According to this piece, the recent reforms in Mexico’s oil and gas sector “represent a vast business opportunity for foreign oilfield and other service companies” and the reform in that sector is not over, with the “next round of reforms expected to focus more on modernizing the industry”. (read article…)
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