Criminal Justice System in Mexico
Introduction
In ancient Rome a criminal justice system called inquisitive system was created, this system has its roots in Roman-Germanic law. For hundreds of years, several countries adopted this system and Mexico to be conquered by the Spaniards was no exception. This system is called in this way, since it comes from the word "inquire", basically an investigation began with the simple fact that there were rumors that a certain person had committed any crime and there was no need to file any complaint in a way official.
Developing
As we well know all the systems are governed on principles, and this system was no exception. The principles that govern this system are: Principle of legality There can be no pity if there is no first law, typicity that carries an action or omission, retroactivity the law cannot act to the detriment of the accused, guilt the responsibility of a Action or omission of the law, principle of legal good protects universal values before any crime.
Now that the principles have been explained we can know how this accusatory criminal justice system worked. First of all, you have to remember that this whole process is carried out in writing and secret. Another thing that is important to emphasize is that all power falls into the hands of a single person or institution, in this case is the Public Ministry.
This means that all research is carried out by this institution and does not let other people or institutions intervene. This system is based on files, the judge reads the files and is decided whether the accused person is guilty or not. In addition to this, the judgments are long, the resolution of a case comes to take 6 months to two years and the worst of this system is that the preventive prison is mandatory so an innocent person can spend months in prison without having committed any crime.
For these reasons, this criminal justice system in Mexico was not working, it took too long to resolve and thousands of people were going to jail when they did not deserve it. Seeing this in 2008, the Government of Mexico decided to reform the criminal justice system. The new criminal justice system that would be implemented in the country would be the accusatory criminal justice system. This system is very different from the other, to begin the principles that govern this system are the following:
Advertising Hearings are held publicly, immediacy the judges must be in all hearings, continuity The hearing should be done in a single day and in case more hearings are required, these must be done the next day, contradiction Both parties can confront the evidence and oppose requests, concentration refers to the procedural acts being held at the same audience, orality all audiences will be carried out orally.
This system is divided into 3 stages mainly, in the same way each stage is supervised by a different judge. To start first, a complaint must be filed or the accused is stopped. The first stage is the investigation, in the investigation, the Public Ministry with the help of the Police investigates which crime was committed and the responsible person is sought. The responsible person will now be called accused.
conclusion
The next stage is called the intermediate stage. At this stage if the Public Ministry considers that there are sufficient evidence, the accused will be accused in front of a judge. In the same way, a list of witnesses and experts that will declare in the trial must be presented to see if the accused is guilty. In addition to this stage the first debate is given, in this case it is in front of a control judge, and in this debate the evidence that will be seen in the trial will be proposed.
The third and final stage is the stage of the oral trial. The oral trial is a public hearing in which the accused and the accuser debate to define whether the accused is guilty or innocent. This debate is led by a trial court, this Court consists of 1 to 3 judges according to what the State says. After listening to the oral trial, the decision will be made if the accused is guilty or turns out to be innocent.
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