Official Journal of the Federation March 5, 2014
Last published reform DOF December 29,2014
ENRIQUE PEÑA NIETO, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
Single Article.- is by the National Criminal Procedure Code.
NATIONAL CRIMINAL PROCEDURE CODE
SCOPE AND OBJECT
Item 1o. Scope of application
The provisions of this Code are of public order and of general observance throughout the Mexican Republic, for crimes that are the responsibility of the organs Federal and local courts in the framework of the principles and rights enshrined in the Political Constitution of the United Mexican States and in the International Treaties of which the Mexican State is a party.
Article 2o. Object of Code
This Code aims to establish the rules to be observed in the investigation, prosecution and punishment of crimes, in order 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 in the application of the law and to resolve the conflict that arises on the occasion of the commission of the crime, in a framework of respect for human rights recognised in the Constitution and in the Treaties International of which the Mexican State is a party.
Article 3o. Glossary
For the purposes of this Code, as applicable, the following definitions shall apply:
I. Legal Adviser: Legal advisors to victims, federal and federal entities;
II. Code: The National Criminal Procedure Code;
III. Council: The Council of the Federal Judicature, the Councils of the Judicatures of the Federative Entities or the judicial body, with functions of the Council or its equivalent, which performs the functions of administration, surveillance and discipline;
IV. Constitution: The Political Constitution of the United Mexican States;
V. Advocate: The federal public defender, public defender or office of the Federal Entities, or special defender;
VI. Federal entities: The members of the Federation referred to in Article 43 of the Constitution;
VII. Judge of Control: The jurisdiction of the federal jurisdiction or of the common jurisdiction that intervenes from the beginning of the procedure and even the dictation of the self-opening judgment, whether local or federal;
VIII. Organic Law: The Organic Law of the Judicial Branch of the Federation or the Organic Law of the Judiciary of each Federative Entity;
IX. Public Ministry: The Public Ministry of the Federation or the Public Ministry of the Federative Entities;
X. Court of: The Court of Justice, the Court of Justice or the Court of Justice of the Federal or Common jurisdiction;
XI. Police: Police bodies specialized in the investigation of crimes of the federal jurisdiction or of the common jurisdiction, as well as the bodies of public security of the federal or common forces, which in the field of their respective powers act all under the command and conduct of the Public Ministry for the purposes of the investigation, in terms of the provisions of the Constitution, this Code and other applicable provisions;
XII. Prosecutor: The holder of the Public Ministry of the Federation or the Public Ministry of the Federal Entities or the General Prosecutors in the Federal Entities;
XIII. Attorney General's: The Attorney General's Office, the Attorney General's Attorney General and General Tax Office of the Federative Entities;
XIV. Treaties: International Treaties in which the Mexican State is a party;
XV. Court of Procedure: The jurisdiction of the federal jurisdiction or of the common jurisdiction of one or three judges, who intervenes after the opening order for oral judgment, until the sentencing and explanation of the judgment, and
XVI. Court of Appeal: The court of one or three judges, which resolves the appeal, federal or federal entities.
PRINCIPLES AND RIGHTS IN THE PROCEDURE
PRINCIPLES IN THE PROCEDURE
Article 4o. Features and guiding principles
The criminal proceedings will be accusatory and oral, in which the principles of publicity, contradiction, concentration, continuity and inmediation will be observed and those foreseen in the Constitution, Treaties and other laws.
This Code and the applicable law will provide for exceptions to the above principles, in accordance with the provisions of the Constitution. At all times, the authorities must respect and protect both the dignity of the victim and the dignity of the victim.
Article 5o. Principle of advertising
The hearings will be public, in order for them to access not only the parties involved in the proceedings but also the general public, with the exceptions provided for in this Code.
Journalists and the media will be able to access the place where the hearing takes place in the cases and conditions determined by the Court of Justice. in accordance with the provisions of the Constitution, this Code and the general agreements issued by the Council.
Article 6o. Principle of contradiction
The parties may know, discuss or confront the means of proof, as well as oppose the requests and pleas of the other party, except as provided for in this Code.
Article 7o. Principle of continuity
The hearings shall be carried out continuously, successively and sequentially, except for the exceptional cases provided for in this Code.
Article 8o. Principle of concentration
The hearings shall preferably be held on the same day or on consecutive days until their conclusion, in the terms provided for in this Code, except for cases exceptional set in this order.
The parties may also request the accumulation of different processes in those cases provided for in this Code.
Article 9o. Principle of inmediation
Any hearing will be held in full in the presence of the court, as well as the parties to intervene in the case, with the exceptions provided for. in this Code. In no case shall the Court of Justice be able to delegate to any person the admission, proof or assessment of the evidence, or the issue and explanation of the judgment in question.
Article 10. Principle of equality before the law
All persons involved in the criminal proceedings will receive the same treatment and will have the same opportunities to sustain the prosecution or the defense. Discrimination on grounds of ethnic or national origin, gender, age, disability, social status, health status, religion, opinion, sexual preference, marital status or any other which is against human dignity and which has the status of to annul or undermine the rights and freedoms of persons.
The authorities shall ensure that persons under the conditions or circumstances referred to in the preceding paragraph are met in order to ensure equality on the the basis of equity in the exercise of their rights. In the case of persons with disabilities, reasonable adjustments should be made to the procedure where required.
Article 11. Principle of equality between the parties
The parties are assured, on equal terms, of the full and unrestricted exercise of the rights provided for in the Constitution, the Treaties and the laws of them. emanen.
Article 12. Principle of pretrial and due process
No person may be sentenced to a penalty or subject to a security measure, but under a judgment given by a court previously established, in accordance with laws issued prior to the fact, in a process that is substantially impartially and strictly adhered to the human rights provided for in the Constitution, the Treaties and the laws that emanate from them.
Article 13. Principle of presumption of innocence
Everyone is presumed innocent and will be treated as such at all stages of the procedure, as long as their liability is not declared by the judgment issued by the Court, in the terms set out in this Code.
Article 14. Principle of double prosecution prohibition
The person convicted, acquitted or whose process has been dismissed, will not be subject to any other criminal proceedings for the same facts.
RIGHTS IN THE PROCEDURE
Article 15. Right to privacy and privacy
In any criminal procedure, the right to privacy of any person involved in it will be respected, as well as the protection of information concerning life. private and personal data, in terms and with the exceptions set out in the Constitution, this Code and applicable law.
Article 16. Early Justice
Everyone will have the right to be judged within the legally established deadlines. The public servants of the institutions of procurement and the imparting of justice shall take care of the requests of the parties promptly, without causing unjustified delays.
Article 17. Right to adequate and immediate defence and legal advice
The defense is a fundamental and inalienable right that assists all the accused, however, it must always be exercised with the assistance of his or her Defender. The Ombudsman must be a licensed lawyer or lawyer, with professional qualifications.
A technical defence shall be understood, which must be carried out by the special defender or the public defender of his own choice, in order to give him the right to he has been in detention and throughout the proceedings, without prejudice to any material defence which the accused himself may carry out.
The victim or offended shall have the right to have a free legal advisor at any stage of the procedure, in the terms of the applicable legislation.
It is for the jurisdictional Authority to ensure without preferences or inequities for the proper and technical defence of the imputed.
Article 18. Guarantee to be informed of your rights
All the authorities involved in the initial acts of the procedure must ensure that both the accused and the victim are aware of the rights which the recognize at that time the Constitution, the Treaties and the laws that they emanate from them, in the terms established in this Code.
Article 19. Right to respect for personal freedom
Everyone has the right to respect his personal freedom, so no one can be deprived of it, but by virtue of the commandment dictated by the authority. judicial or in accordance with the other causes and conditions that authorize the Constitution and this Code.
The judicial authority may only authorize as precautionary measures, or precautionary measures, restrictive of liberty, which are established in this Code and in the special laws. The pre-trial detention shall be of an exceptional nature and its application shall be governed by the terms provided for in this Code.
Article 20. Competition rules
To determine the territorial jurisdiction of the federal or local courts, as appropriate, the following rules shall be observed:
I. The courts of the common jurisdiction shall have jurisdiction over the punishable acts committed within the judicial district in which they perform their duties, in accordance with the distribution and the provisions laid down in their law. Organic, or failing that, in accordance with agreements issued by the Council;
II. When the punishable act is in the federal order, they will know the federal courts;
III. Where the punishable fact is of the federal order but there is concurrent competence, the courts of the common jurisdiction must be aware of the terms of the laws;
IV. In the event of a crime contest, the Public Ministry of the Federation may be aware of the crimes of the common jurisdiction that have connection with federal crimes when deemed appropriate, likewise by the federal courts, in its jurisdiction. Case, they will have jurisdiction to judge them. For the purposes of applying sanctions and security measures in the common jurisdiction, the law of its original jurisdiction will be dealt with. As long as the Federation does not exercise such power, the state authorities will be obliged to assume their competence in terms of the first fraction of this article;
V. Where the punishable fact has been committed within the limits of two judicial constituencies, the jurisdiction of the common or federal jurisdiction, as the case may be, which has prevented in the knowledge of the case, shall be competent;
VI. Where the place of commission of the punishable act is unknown, the jurisdiction of the court of the common or federal jurisdiction, as the case may be, of the judicial district within whose territory the person has been detained, shall be competent. which has been prevented by the judicial branch of the judicial district in which it resides. If, subsequently, the place of commission of the punishable fact is discovered, the court of the latter place shall continue the cause;
VII. Where the punishable act has commenced its execution in one place and is consummated in another, the knowledge shall correspond to the Jurisdictional Authority of either place, and
VIII. Where the punishable act has commenced its execution or is committed in foreign territory and continues to be committed or has its effects on national territory, in terms of the applicable law, it shall be the jurisdiction of the Court federal.
Article 21. Faculty of attraction of crimes committed against freedom of expression
In cases of common fuero crimes committed against any journalist, person or facility, which willfully affect, limit or undermine the right to information or the freedom of expression or printing, the Public Ministry of the Federation may exercise the power of attraction to know and pursue them, and the federal courts will also have jurisdiction to judge them. This power shall be exercised when any of the following circumstances arise:
I. There are indications that a public servant of the state or municipal orders has participated in the act of crime;
II. In the complaint or complaint or other equivalent requirement, the victim or offence has indicated as a probable author or participates in a public servant of the state or municipal orders;
III. It is serious crimes as well qualified by this Code and applicable law for unofficial pre-trial detention;
IV. The life or physical integrity of the victim or offended is at real risk;
V. So request the competent authority of the federal entity concerned;
VI. The facts of the act of crime shall have an important impact on the exercise of the right to information or to freedom of expression or printing;
VII. In the Federal Entity in which the act of the offence has been made or its results have been expressed, there are objective and generalised circumstances of risk for the exercise of the right to information or to freedom of expression or printing;
VIII. The constitutive fact transcends the scope of one or more Federative Entities, or
IX. By judgment or resolution of an organ provided for in any Treaty, the international liability of the Mexican State has been determined by default or omission in the investigation, prosecution or prosecution of crimes against journalists, persons or facilities affecting, limiting or undermining the right to information or freedoms of expression or printing.
In any of the above cases, the victim or offended may request the Public Ministry of the Federation to exercise the faculty of attraction.
Article 22. Competence for security reason
It shall be competent to hear a case from a court other than the place of the commission of the offence, or to which it shall be competent for the purposes of the rules identified above, when taking into account the characteristics of the fact under investigation, for security reasons in prisons or for other reasons preventing the proper development of the process.
The above is equally applicable for cases where for the same reasons the judicial authority, at the request of a party, considers it necessary to transfer an imputed to some maximum security detention centre, in which the court of law of the place where the centre is located shall have jurisdiction.
In order for those prosecuted for federal crimes to be able to comply with their precautionary measure in the prisons closest to their home, the Federal institutions shall agree to take them into the local penitentiary centres or establishments in order to facilitate their due process, except for the rule provided for in the preceding paragraph and in cases where special measures are taken of security not available in such centres or establishments.
Article 23. Auxiliary competence
When the Public Ministry or the Court of Justice acts in aid of another jurisdiction in the practice of urgent proceedings, it must settle in accordance with the provisions of the in this Code.
Article 24. Judicial authorisation for urgent proceedings
The Control Judge who is competent to hear about the acts or any other measure requiring prior judicial review shall take a decision on the matter during the However, where such proceedings are to be carried out outside their jurisdiction and shall be treated as proceedings requiring urgent attention, the Public Ministry may request the authorisation directly from the supervisory authority. competent in that place; in this case, once the diligence, the Public Ministry shall inform the competent control judge in the relevant procedure.
Article 25. Types or forms of incompetence
Incompetence can be decreed by decline or by inhibitions.
The party that opts for one of these means will not be able to abandon it and turn to the other, nor will it be able to use them simultaneously or successively, and must be subject to the result of which he/she was elected.
Incompetence will proceed at the request of the Public Ministry, the defendant or his/her Ombudsman, the victim or offended or his/her Legal Counsel and will be resolved in hearing with the formalities provided for in this Code.
Article 26. Rules of incompetence
For the decision of incompetence the following rules will be observed:
I. Those that arise between the courts of the Federation will be decided in favor of the one that has prevented, according to the rules provided in this Code and in the Organic Law of the Judicial Power of the Federation and if there are two or more competent, in favour of which it has prevented;
II. Those arising from the courts of the same Federative Entity shall be decided in accordance with the rules laid down in this Code and in the applicable Organic Law, and if there are two or more competent persons in favour of which it has prevented, or
III. Those that arise between the Federation and one or more Federative Entities or between two or more Federative Entities, will be decided by the Federal Judicial Branch in the terms of its Organic Law.
The competent court may confirm, modify, revoke, or, if necessary, replace under its criterion and responsibility any type of procedural act. which it considers relevant as provided for in this Code.
The incompetence, the imputed, if any, will be immediately made available to the court of jurisdiction that is competent, as well as the background that held by the incompetent court.
Article 27. Provenance of incompetence by decline
At any stage of the procedure, except for the exceptions provided for in this Code, the Court of Justice that recognizes its incompetence shall transmit the records. which it considers competent and, where appropriate, shall also make available to the defendant.
The declinatory may be promoted in writing, or orally, in any of the hearings before the Courts that know the case before the order of the opening to trial, asking him to abstain from the knowledge of the case and to refer the case and his records to the one he considers competent.
If the competence of the court is to be promoted within three days of the notification of the decision to be taken by the court. the date for the conduct of the hearing. In this case, it shall be brought before the Court of Justice, which has established the jurisdiction of the Court of Justice, without prejudice to its own motion.
The decline may not be promoted in the expected cases of competition due to safety.
Article 28. Provenance of incompetence by inhibitions
At any stage of the procedure, the inhibitor will be processed at the request of either party before the court or tribunal that it creates competent to be called to the knowledge of the case; if appropriate, the Court of Justice which recognises its incompetence shall forward the records to which it is determined and, where appropriate, shall also make available to the person concerned.
Inhibitions may be promoted in writing, or orally, in hearing before the Control Judge who is considered to be aware of the matter before the order is given. opening to trial.
If the incompetence is of the Court of Procedure, it must promote incompetence within three days of the notification of its effects. the resolution setting the date for the conduct of the hearing. In this case, it shall be brought before the Court of Justice to be considered as to the case.
The inhibitory on the expected cases of competence cannot be promoted on the basis of safety.
Article 29. Urgent actions before incompetent control judge
Competition for a decline or an injunction cannot be resolved until after the proceedings are carried out that do not admit delay as the providences (a) precautionary measures and, in the event of a detention, where the legality of the arrest has been resolved, the imputation, the origin of the precautionary measures requested and the connection to the process resolved.
The Judge of the incompetent control for declinatory or inhibitory shall send the records of its own motion and, if necessary, shall make available to the imputed of the Judge of competent control after having carried out the urgent measures set out in the preceding paragraph.
If the judicial authority to whom the proceedings are referred does not admit the competition, it will return the records to the declinant; if the latter insists on rejecting it, it will raise the Proceedings before the competent court, in accordance with the provisions of the respective Organic Law, for the purpose of giving a ruling on who is to be known. No court can promote competition in favour of its superior in grade.
ACCUMULATION AND SEPARATION OF PROCESSES
Article 30. Causes of accumulation and connectivity
For the purposes of this Code, there will be process accumulation when:
I. It is a crime contest;
II. Related offenses are investigated;
III. In those cases in a row against the authors or participants of the same crime, or
IV. The same crime committed against a number of people is investigated.
It will be understood that there is a connection of crimes when they have been committed simultaneously by several people gathered, or by several people in different times and places in the virtue of a concert between them, or to seek the means to commit another, to facilitate their execution, to consume it or to ensure impunity.
There is a real contest when several crimes are committed with a plurality of behaviors. There is an ideal contest when with one conduct several crimes are committed. There shall be no contest where the offence is continued in terms of the applicable law. In such cases, the essential elements of each legal classification and the corresponding class of competition shall be known.
Article 31. Competence in accumulation
Where two or more processes are amenable to accumulation, and are followed by a different Jurisdictional Authority, it shall be competent, in accordance with the rules (a) the general rules laid down in this Code, which at all times are weighted in terms of security; in cases where the doubt persists, the person who is aware of the offence whose punishment is greater shall be competent. If the offences establish the same penalty, the jurisdiction will be that of the oldest of the procedural acts, and if they started on the same date, the one that first prevented them. For the purposes of this Article, it is understood that it prevented the person who gave the first decision of the procedure.
Article 32. Term to decrease accumulation
Accumulation may be decreed until before the opening order is given to judgment.
Article 33. Accumulation substantiation
Promoted the cumulation, the Control Judge will summon the parties to a hearing which must take place within the next three days, in which they will be able to manifest and make the observations that they consider relevant to the issue discussed and without further processing will be resolved in the same way as appropriate.
Article 34. Effects of accumulation
If the cumulation is resolved, the Control Judge shall request the referral of the records, and where appropriate, that the person or person concerned shall immediately be placed at his disposal. imputed.
The Control Judge will notify those who have a different precautionary measure to the remand the obligation to present themselves in a final term to him, thus as to the victim or offended.
Article 35. Separation of processes
Process separation can be ordered when the following circumstances are present:
I. When requested by one of the parties before the opening of the trial, and
II. When the Control Judge considers that the process of accumulation would be delayed.
Process separation will be promoted in the same way as accumulation. The separation may be promoted until before the hearing.
Decreed the separation of processes, you will know about each matter the control judge you knew before the accumulation was made. If such a judge is different from the one that decreed the separation of processes, it cannot refuse to hear the case, without prejudice to the possibility of a matter of competence.
The resolution of the Control Judge that declares the separation of processes inappropriate, will not support any resource.
EXCUSES, RECUSES, AND IMPEDIMENTS
Article 36. Excuse or recusal
Judges and magistrates must be excused or may be challenged to hear about the cases in which they intervene for any of the causes of impairment set out in this Code, which may not be dispensed by the will of the parties.
Article 37. Causes of impairment
These are causes for the judges and magistrates to be prevented:
I. Have intervened in the same procedure as the Public Ministry, the Ombudsman, the legal adviser, the complainant or the complainant, or have exercised the particular criminal action; have acted as expert, technical consultant, witness or have an interest direct in the procedure;
II. To be a spouse, concubine or concubinaire, living with a right-line parentage without limitation of degree, in line collateral for consanguinity and for affinity to the second degree with any of the interested parties, or for this cohabiting or cohabitated with any of them;
III. To be or have been a guardian, curator, to have been under guardianship or curatess of any of the parties, to be or to have been an administrator of his assets by any title;
IV. When he, his spouse, concubine, concubinaire, living, or any of his relatives in the grades that expresses the fraction II of this article, has a pending judgment initiated with any of the parties;
V. When he, his spouse, concubine, concubinary, living, or any of his or her relatives in the grades expressed in the second part of this article, is a creditor, debtor, landlord, tenant or guarantor of any of the parties, or have some partnership with these;
VI. When before or during the course of the procedure, he, his spouse, concubine, concubinaire, survivor or any of his or her relatives in the grades expressed in the second part of this article, complaint, complaint, complaint or has filed any legal action against any of the parties, or where prior to the commencement of proceedings, it has been reported or accused by any of them;
VII. Have given advice or extra-judicially expressed your opinion on the procedure or made promises that imply bias in favor or against any of the parties;
VIII. When he, his spouse, concubine, concubinaire, survivor or any of his or her relatives in the grades expressed in the section II of this article, would have received or received benefits from either party or if, after the initiation of the procedure, have received any present or handouts regardless of what their value has been, or
IX. For the case of the judges of the Court of Procedure, have served as a control judge in the same procedure.
Article 38. Excuse
When a Judge or Magistrate warns that any of the causes of impairment are updated, it shall be declared separate from the matter without hearing of the parties and shall forward the records to the competent court, in accordance with the provisions of the Organic Law, to resolve who should continue to know about it.
Article 39. Recusal
When the Judge or Magistrate is not excused despite having an impediment, the recusal will proceed.
Article 40. Time and form of recusal
The recusal must be brought before the Judge or Magistrate of the Court, in writing and within the forty-eight hours following the knowledge of the impairment. It shall be orally interposed if it is known in the course of a hearing and shall be indicated, under the penalty of inadmissibility, the cause in which it is justified and the relevant means of proof.
Any recusal that is notoriously improper or is promoted on an extemporaneous basis will be discarded outright.
Article 41. Recusal Processing
The recusal, the recusal will transmit the registration of the acted and the means of proof offered to the competent court, in accordance with what establish the Organic Law to qualify it.
Received in writing, the judge will be asked to inform the recused judge, who will surrender it within the 24-hour period, indicating the date and time to hold the hearing within three days of the receipt of the report, which shall be held with the parties who appear, who may make use of the word without any replicas being admitted.
Concluded the debate, the competent court will immediately rule on the legality of the cause of recusal which has been pointed out and, against it, there will be some resource.
Article 42. Effects of recusal and excuse
The challenged Judge or Magistrate will refrain from continuing to hear from the relevant hearing, order the suspension of the hearing and will only be able to carry out those acts of mere processing or urgency that does not support procrastination.
The replacement of the Judge or Magistrate will be determined in terms of the Organic Law.
Article 43. Impediments to the Public and Expert Ministry
The Public Ministry and the experts must be excused or may be challenged for the same reasons as the judges or magistrates.
The excuse or recusal shall be determined by the competent authority in accordance with the applicable provisions, subject to the conduct of the investigation considers appropriate.
Article 44. Orality of procedural actions
The hearings will be conducted orally, with the possibility of assisting the parties with documents or with any other means. In the practice of procedural actions, the technical means available shall be used to give greater agility, accuracy and authenticity to them, without prejudice to the keeping of records of events.
The court will encourage the parties to refrain from reading complete documents or notes of their actions which show a lack of argument and ignorance of the case. Only records of the research for memory support can be read, as well as to demonstrate or overcome contradictions; the interested party in reading some document or registration, will ask the judge to preside over the hearing, authorization to do so by specifically indicating the reason for their application as provided for in this Article, without this being the reason for the replacement of the oral argument.
Article 45. Language
The procedural acts must be performed in Spanish.
When people do not speak or do not understand the Spanish language, they must provide translator or interpreter, and will be allowed to use their own language or language, as well as that people who have an impediment to make themselves understand. In the event that the person does not speak or understand the Spanish language, he/she must be assisted by a translator or interpreter to communicate with his/her Ombudsman in the interviews he/she maintains. The person may appoint a translator or interpreter of his or her trust.
If you are a person with a disability, you have the right to be provided with an interpreter or those technological means that allow you to obtain the information requested or, in the absence of such information, anyone who knows how to communicate with it. In the acts of communication, the courts shall be satisfied that the person with disabilities has been informed of the judicial decisions which he or she must make known and which includes his or her scope. To do this, the means must be used which, as the case may be, ensures that such understanding exists.
Where at the request of the disabled person, or in the judgment of the competent authority, other measures need to be taken to safeguard their right to be duly assisted, the person with disabilities may be assisted in the subject of projected stenography, in the terms of the law of the matter, by a sign language interpreter or through any other means that permits an understanding Each and every action can be taken.
The means of proof whose content is in a language other than Spanish must be translated and, in order to give legal certainty about the manifestations of the declarant, will be left record of its declaration in the source language.
In the case of members of indigenous peoples or communities, they will be appointed as an interpreter who has knowledge of their language and culture, even if they speak Spanish, if so request it.
The court will ensure access to translators and interpreters who will assist in the process as required.
Article 46. Statements and interrogations with interpreters and translators
People will be questioned in Spanish, through the assistance of a translator or interpreter. In no case shall the parties or witnesses be interpreters.
Article 47. Place of hearings
The court will hold the hearings in the appropriate room, except if it can cause a serious disturbance of the public order, it does not guarantee the defense of any of the interests involved in the proceedings or seriously impedes its performance, in which case they shall be held at the place which the court of law and under the security measures it determines for that purpose shall be designated by the court. compliance with the provisions of the applicable legislation.
Article 48. Time
The procedural acts may be performed on any day and at any time, without the need for prior authorization. The place, time and date of the meeting shall be recorded. The omission of such data shall not render the act null, unless it cannot be determined, in accordance with the data in the register or other related data, the date on which it was made.
Article 49. Protest
Within any hearing and before any person over the age of eighteen years begins his or her statement, except for the imputed, shall be informed of the sanctions Criminal law establishes that those who are led by falsehood, refuse to declare or to grant the protest of law; act followed will be taken protest to tell the truth.
To those between twelve years of age and less than eighteen, they will be informed that they must conduct themselves with truth in their demonstrations before the Judicial Authority, which shall be made in the presence of the person exercising the parental authority or guardianship and public or private legal assistance, and shall be explained to them that, if they conduct themselves with falsehood, they will incur a conduct typified as a crime in the criminal law and will be made creditors to a measure in accordance with the applicable provisions.
People under the age of twelve and those charged who wish to testify will be urged to conduct themselves with truth.
Article 50. Accessing digital folders
The parties will always have access to the content of the digital folders consisting of the records of the hearings and the complementary ones. Such records may also be consulted by third parties when they notice actions which are public, except that during the proceedings the court restricts access to avoid affecting its normal substance, the the principle of presumption of innocence or the rights to privacy or the privacy of the parties, or is expressly prohibited in the law of the matter.
The court will authorize the issuance of copies of the contents of the digital folders or of the part of them that are requested by the parties.
Article 51. Using electronic media
Real-time video conferencing or other forms of communication that occur with new technologies may be used for the reception and transmission of media evidence and the conduct of procedural acts, provided that the identity of the subjects involved in the act is previously guaranteed.
Article 52. Common Provisions
The procedural acts to be resolved by the Judicial Authority shall be carried out by means of hearings, except for the cases of derogation provided for in this Code. Issues discussed at a hearing should be resolved in the hearing.
Article 53. Discipline in the hearings
The order in the hearings will be in charge of the Judicial Authority. Any person who alters the order in that person may be liable for a measure of award without prejudice to the possibility of requesting his withdrawal from the hearing room and his/her making available to the competent authority.
Before and during the hearings, the defendant will have the right to communicate with his/her Ombudsman, but not with the public. If it infringes that provision, the Court may impose a measure on the award.
If any person in the public communicates or attempts to communicate with any of the parties, the Court may order that it be withdrawn from the hearing and impose it. an award measure.
Article 54. Declaring declarants
Prior to any hearing, the identification of any person to be declared will be carried out, for which the name, surname, age and domicile. This register will be carried out by the auxiliary staff of the room, with the express manifestation of the declarant's willingness to make public, or not, his personal data.
Article 55. Access restrictions for audiences
The Court may, for reasons of order or security in the conduct of the hearing, prohibit entry to:
I. Armed persons, unless they comply with surveillance or custody functions;
II. People who portend guilds or supporters;
III. People who carry dangerous or prohibited objects or who do not observe the provisions to be established, or
IV. Any other that the Court considers to be inappropriate for the order or security in the conduct of the hearing.
The Court of Justice may limit the entry of the public to a certain number of persons, according to the capacity of the hearing room, as well as in accordance with the applicable provisions.
Journalists, or the accredited media, must inform the court of their presence in order to place them in an appropriate place for such purposes. end and shall refrain from recording and transmitting by any means the hearing.
Article 56. Presence of the imputed in the hearings
The hearings will be held with the uninterrupted presence of who or the members of the court and the parties involved in the proceedings, except provision to the contrary. The defendant may not withdraw from the hearing without authorisation from the Court.
The defendant will attend the free hearing in his person and will occupy a seat next to his defender. Only in exceptional cases can security measures involving their confinement in an isolated cubicle be available in the hearing room, where this is an essential measure to safeguard the physical integrity of the interveners in the hearing.
If the defendant refuses to remain in the hearing, he/she will be held in an upcoming room, from which the hearing can follow, and represented for all purposes by When necessary for the conduct of the hearing, he shall be made to appear for the performance of particular acts in which his presence is essential.
Article 57. Absence of the parts
In the event that multiple Advocates or Public Ministries are assigned, the presence of any of them will suffice to hold the respective hearing.
The Ombudsman may not resign from his or her post, or at the time of the hearings, or after he has been notified of them.
If the Ombudsman does not appear to the hearing, or is absent from the hearing without justified cause, the defense will be considered abandoned and will be replaced with the largest the public defender appointed to him shall be promptly appointed, unless the defendant immediately appoints another Ombudsman.
If the Public Ministry does not appear to the hearing or is absent from the hearing, it will be replaced within the same hearing. For this purpose, you will be notified by any means to your hierarchical superior to be appointed immediately.
The substitute public ministry or the new Ombudsman may ask the court to postpone the start of the hearing or to suspend the hearing for a period of not may exceed ten days for the proper preparation of his intervention in the trial. The Court shall decide on the complexity of the case, the circumstances of the absence of the defence or the Public Ministry and the possibilities for postponement.
In the event that the Ombudsman, the Legal Adviser or the Public Ministry are absent from the hearing without justified cause, a fine of ten to fifty days will be imposed on them. of the minimum wage in force, without prejudice to the appropriate administrative or criminal penalties.
If the victim or offended does not attend, or withdraw from the hearing, the same will continue without his presence, without prejudice to the fact that he may be summoned to appear as a witness.
In the event that the victim or offended constituted as an intervener is absent, or is withdrawn from the intermediate or trial hearing, he will be given a withdrawal from his or her pretensions.
If the legal adviser of the victim or offended abandons his or her advice, or is deficient, the court will inform the victim or offended his right to appoint to another Legal Adviser. If the victim or offence does not or cannot appoint a legal adviser, the court or tribunal shall inform the relevant body for the purpose of appointing another legal adviser, and in the event of an absence, and in exceptional circumstances, the Public Ministry.
The court must impose the necessary award measures to ensure that the parties appear on trial.
Article 58. Assistants ' duties
Those who attend the hearing must remain in the same respectfully, silently and will not be able to introduce instruments to record video images, sounds or graphics. They will also not be able to carry weapons or adopt intimidating, provocative behavior, contrary to decorum, or alter or affect the development of the audience.
Article 59. From the media
To secure the order in the hearings or to restore it when it has been altered, as well as to ensure the observance of its decisions in hearing, the Authority The court may apply without distinction any of the means of award provided for in this Code.
Article 60. Criminal facts raised in hearing
If, during the hearing, it is noted that there are elements that make the existence of a criminal act different from the one that constitutes the subject of the procedure, the The court shall do so with the knowledge of the competent Public Ministry and shall forward the relevant register to it.
Article 61. Recording the hearings
All hearings provided for in this Code shall be recorded by any technological means available to the Courts.
The recording or reproduction of images or sounds shall be considered as part of the performances and records and shall be kept in the judicial branch for the purposes of the knowledge of other different bodies which are aware of the same procedure and the parties, always guaranteeing their preservation.
Article 62. Assistance from imputed to the hearings
If the defendant is deprived of his or her liberty, the court will determine the special security measures or the mechanisms necessary to guarantee the proper conduct of the hearing: to prevent the escape or the conduct of acts of violence on or against part of the accused.
If the person is at liberty, he or she will attend the hearing on the day and time it is determined; in the event of failure to appear, the court may impose a means of Award and, if applicable, upon request of the Public Ministry, order their appearance.
When the accused has been linked to the process, is free, no longer attend a hearing, the Public Ministry will ask the court for the the imposition of a precautionary measure or the modification of the measure already imposed.
Article 63. Notification in hearing
The decisions of the court will be given orally, with the expression of its foundations and motivations, and the interveners in them and those who were required to formally attend the notice of their issuance, which shall be recorded in the corresponding register in the terms provided for in this Code.
Article 64. Exceptions to the principle of advertising
The debate will be public, but the Jurisdictional Authority will be able to resolve exceptionally, even ex officio, that it will be fully or partially developed behind closed doors, when:
I. It may affect the integrity of either party, or any person cited to participate in it;
II. Public security or national security may be severely affected;
III. Peligre an official, private, commercial or industrial secret, the improper disclosure of which is punishable;
IV. The court considers appropriate;
V. The Higher Interest of the Child and the Child is affected in terms of what is established by the Treaties and the laws in the matter, or
VI. This is provided for in this Code or other law.
The resolution that decrees any of these exceptions will be founded and motivated by recording the hearing.
Article 65. Continuation of public hearing
Once the cause of exception provided for in the previous article has disappeared, the public will be allowed to enter the public again and, the judge presiding over the hearing of the trial, briefly report on the essential outcome of acts developed behind closed doors.
Article 66. Hearing intervention
In the hearings, the defendant may defend himself and must be assisted by a law graduate or lawyer who has chosen or has been appointed as a Defender.
The Public Ministry, the defendant or his/her Ombudsman, as well as the victim or offended and their legal adviser, will be able to intervene and replicate as many times and in the order that (a) authorise the Court.
The defendant or his/her Ombudsman may use the word in the last place, so the court presiding over the hearing will always ask the defendant or his/her Advocate, before closing the debate or hearing itself, if you want to make use of the word, grant it if so.
Article 67. Court decisions
The judicial authority will decide its resolutions in the form of judgments and orders. It will give judgment in order to decide definitively and to terminate the proceedings and orders in all other cases. Court decisions shall refer to the authority that resolves, the place and the date on which it was issued and other requirements that this Code provides for each case.
The orders and orders of the Court of Justice shall be issued orally and shall take effect no later than the following day. The following shall be written in writing after their oral issue:
I. Those that resolve the precautious providences;
II. The arrest and arraignment orders;
III. The stop control;
IV. The bind to process;
V. The precautionary measure;
VI. The opening to judgment;
VII. Those who deal with final judgments of the special processes and of judgment;
VIII. Protruding, and
IX. Those authorizing investigative techniques with prior judicial control.
In no case shall the written resolution exceed the scope of the issued orally, it shall have its effects immediately and shall be immediately dictated to its issuance. in oral form, without exceeding 24 hours, unless otherwise specified.
The decisions of the collegiate courts will be taken by a majority of votes. In the event that a Judge or Magistrate does not agree with the decision taken by the majority, he shall cast his own vote and may do so at the hearing itself, expressing his opinion succinctly and shall formulate within three days following the written version of your vote to be integrated into the majority ruling.
Article 68. Congruence and content of cars and judgments
The cars and the sentences must be consistent with the request or accusation formulated and will contain in a concise manner the antecedents, the points to be resolved and that they are duly founded and motivated; they must be clear, concise and avoid unnecessary formulation, giving priority to the clarification of the facts.
Article 69. Clarification
At any time, the court, either on its own initiative or at the request of a party, may clarify the obscure, ambiguous or contradictory terms in which the judicial decisions, provided that such clarifications do not involve a modification or alteration of the meaning of the judgment.
At the same hearing, after the judgment has been given and up to three days after the notification, the parties may request their clarification, which, if necessary, will be it must be carried out within 24 hours. The application will suspend the term to interject the resources that proceed.
Article 70. Signature
Written resolutions will be signed by the judges or magistrates. It shall not invalidate the decision that the judge has not signed it in due time, provided that the fault is not met and there is no doubt as to his participation in the act which he had to subscribe, without prejudice to disciplinary liability to there is a place.
Article 71. True copy
An authentic copy of the document or record of the original of the judgments, or of other procedural acts, which has been certified by the authority authorised to This effect.
When, for any cause, the original of the sentences or other procedural acts is destroyed, lost or stolen, the authentic copy will have the value of those. For that purpose, the court shall order the copy to be delivered, without prejudice to the right to obtain another copy free of charge upon request. The replacement of the original of the judgment or other procedural documents may also be made using the computer or electronic files of the court.
When the judgment consists of computer, electronic, magnetic or new technologies, authentication of the authorization of the failure by the Authority The system shall be made to be recorded through the most appropriate means or form, in accordance with the system itself.
Article 72. Restitution and Refresh
If there is no copy of the judgments or other procedural acts, the Judicial Authority will order that they be brought back, for which it will receive from the parties the data and means of evidence showing its preexistence and its content. When this is impossible, you will order the refresh of them, pointing out how to perform it.
COMMUNICATION BETWEEN AUTHORITY
Article 73. General rule of communication between authorities
The Judicial Authority or the Public Ministry, in a well-founded and motivated manner, may request assistance from another authority for the practice of a procedural act. Such a request may be made by any means guaranteeing its authenticity. The requested authority shall collaborate and process without delay the requirements it receives.
Article 74. Procedural collaboration
The acts of collaboration between the Public Ministry or the Police with federal authorities or any federal entity will be subject to the provisions of the Constitution, in this Code, as well as the provisions contained in other rules and collaboration agreements that have been issued or subscribed in accordance with this Code.
Article 75. Exhorts and requisitions
Where procedural acts are to be carried out outside the territorial scope of the judicial authority which is aware of the case, the latter shall request its compliance by means of If the requested authority is of the same hierarchy as the applicant, or by means of requisition, it is lower. The communication to be made to non-judicial authorities shall be made by any means of expeditious and secure communication which guarantees its authenticity, being applicable as provided for in the following Article.
Article 76. Employment of the media
For the sending of trades, exhorts or requisitions, the Judicial Authority, the Public Ministry, or the Police, may employ any suitable means of communication and (a) to provide reasonable conditions of safety, authenticity and subsequent confirmation if necessary, and the action to be taken, the name of the person charged if possible, should be expressed in all clarity; in question, the unique number of causes, as well as the foundation of the providence and, if necessary, the notice that the information will be sent: the trade of collaboration and the exhort or requisition that ratifies the message. The requesting authority shall ensure that the requested authority has received the communication addressed to it and the recipient will resolve the conduct, crediting the origin of the request and the urgency of its attention.
Article 77. Deadline for compliance with exhortations and requisitions
The exhorts or requisitions shall be provided within twenty-four hours of their receipt and shall be dispatched within three days, unless the Action to be taken will necessarily require more time, in which case the control court shall determine the appropriate setting and notify the applicant, indicating the reasons for the extension. If the requested control court considers that the practice of the requested act is not appropriate, it shall inform the applicant within 24 hours of the receipt of the request, with an express indication of the reasons for its application. refrain from giving it compliance.
If the requested or required control judge considers that the requested act must not be completed, because the case is not a matter for its competence or if it has doubts on its provenance, it may communicate with the requesting or requesting court, hear the Public Ministry and decide within three days, promoting, where appropriate, the respective jurisdiction.
When an arrest warrant is served, the requested or required will put the detainee, without delay, at the disposal of the jurisdictional Authority that has published the order. If it is not possible to immediately make the detainee available to the exhortor or the requesting party, the requested person will give the Public Ministry a view to make the charge; it will be decided on the precautionary measures requested and will resolve its (a) to be linked to a process, to send the proceedings and, where appropriate, to the detainee, to the court which has issued the EEW within 24 hours of the determination of the substance to be adopted.
When a control judge is unable to comply with the EEW or the request, the person or things that are the subject of the due diligence may be found in another jurisdiction. forward to the Judge of the place where they are, and shall inform the applicant or the applicant within 24 hours of the following. If the Judge of Control who receives the exhortation of the judge originally exhorted, resolves to vent it, once done it will return it directly to the exhortant.
The requested or required authorities shall refer to the proceedings or procedural acts practiced or required by any means guaranteeing their authenticity.
Article 78. Foreign court appeals
Applications from foreign courts shall be processed in accordance with Title VIII of this Code.
Any request received from abroad in a language other than Spanish must be accompanied by translation.
Article 79. International exhorts requiring approval
International exhorts that are received will only require approval when it involves co-active execution on persons, goods or rights. Appeals relating to notifications, receipt of evidence and other matters of mere processing shall be completed without incident.
Article 80. Procedural acts abroad
The exhorts to be sent abroad will be written official communications that will contain the request to carry out the necessary actions in the procedure in which they are issued. Such communications shall contain the necessary data and information, the constances and other attachments as the case may be.
The exhorts shall be transmitted to the requested court through consular officers or diplomatic agents, or by the competent authority of the State requested or requested as the case may be.
The practice of legal proceedings in foreign countries may be entrusted to the consular officers of the Republic by trade.
Article 81. Delay or rejection of requirements
Where the completion of a requirement of any kind is delayed or unreasonably rejected, the applicant authority may address the higher a hierarchy of the authority which is required to complete such a requirement, so that, if appropriate, it orders or manages its immediate processing.
NOTIFICATIONS AND CITATIONS
Article 82. Forms of notification
The notifications will be practiced personally, by list, dais, or judicial bulletin as appropriate and by edicts:
I. Personally, they can be:
a) In Audience;
b) For any of the technological means indicated by the interested party or his/her representative legal;
c) On the premises of the jurisdictional Authority, or
d) At the address you are setting for this purpose. The home made will be done in accordance with the following rules:
1) The notifier must make sure that this is the registered address. The presence of the person concerned or his legal representative shall be required. Once any of them have been identified, you will be given a copy of the order or the order to be notified and will collect your signature, settling the data in the official document you identify with. In addition, it shall be reported in the notification act, the identification data of the public servant who practices it;
2) If the person or his/her legal representative is not found in the first notification, the The notifier shall leave the premises with any person at the address, so that the person concerned waits at a fixed time on the following working day. If the person to whom the notification is notified does not comply with the summons, the notification shall be understood to mean any person who is at the address where the care is carried out and, if he refuses to do so, or if the person is closed address, shall be carried out by an instructor to be fixed in a visible place of the address, and
3) In all cases must be raised circumstantial act of the due diligence practice;
II. List, Strated, or Judicial Bulletin as appropriate, and
III. By edicts, when the person's identity or address is unknown, in which the case shall be published on a single occasion in the official publication medium of the Federation or of the Federative Entities and in a newspaper of national circulation, which shall contain a summary of the decision to be notified.
The notifications provided for in Part I of this Article shall take effect on the following day after they have been carried out and those carried out in fractions II and III effects the day after their publication.
Article 83. Means of notification
Acts requiring an intervention by the parties may be notified by fax and e-mail, and the copy of the consignment must be printed and received, and added to the registration, or it shall be stored in the existing electronic system for that purpose; it may also be notified to the parties by telephone or any other means, in accordance with the provisions laid down in the organic laws or, where appropriate, agreements issued by the competent bodies, with a record of this.
The use of the means referred to in this Article shall ensure that notifications are made in the time established and transmitted with clarity, accuracy and fully the content of the resolution or the ordered diligence.
The use of digital signatures can be accepted in the notification of court decisions.
Article 84. General rule on notifications
Resolutions must be notified personally to the person concerned within 24 hours after they have been issued. Persons who are present to the hearing where the decision is made or the respective proceedings are to be held shall be notified.
When notification is to be made to a person with a disability or any other circumstance that prevents him from understanding the scope of the notification, it must be in the terms set out in this Code.
Article 85. Place for notifications
When appearing in the procedure, the parties must indicate their domicile within the place where the procedure is based and, if necessary, manifest themselves in the most appropriate way. to be notified in accordance with the means set out in this Code.
The Public Ministry, the Ombudsman and the legal adviser, when the latter are public, will be notified in their respective offices, provided that they are within of the jurisdiction of the court ordering the notification, unless they have submitted a request to be notified by fax, by e-mail, by telephone or by any other means. In the event that the offices are outside the jurisdiction, they must indicate domicile within that jurisdiction.
If the imputed is stopped, he/she will be notified at the place of his/her detention.
The parties that do not point to the address or the means to be notified or do not report their change, shall be notified in accordance with the provisions of section II of the Article 82 of this Code.
Article 86. Notifications to Advocates or Legal Advisers
When the Ombudsman or the Legal Adviser is appointed and they are private, the notifications must be addressed to them, without prejudice to the notification of the accused and the victim or offended, as the case may be, where the law or the nature of the act so requires.
When the defendant has several Advocates, the common representative must be notified, if any, without prejudice to the fact that others go to the office of the Public Ministry or the Court of Justice to be notified. The same provision shall apply to legal advisers.
Article 87. Special form of notification
The notification made by electronic means will take effect on the same day as the one in which by system it is confirmed that it received the corresponding electronic file.
It may also be served by other systems authorized in the law of the matter, provided they do not cause defensiveness. It may also be notified by registered mail and the time limit shall run from the following working day on which the notification was received.
Article 88. Nullity of the notification
The notification may be null when it causes defenceless and the formalities provided for in this Code are not complied with.
Article 89. Validity of the notification
If, in spite of not having made the notification in the form provided for in this order, the person to be notified is shown to be aware of it, legal effects.
Article 90. Citation
Everyone is required to appear before the Court or the Public Ministry, when it is cited. The President of the Republic and the public servants referred to in the first and fifth paragraphs of Article 111 of the Constitution, the Legal Counsel of the Executive, the magistrates and the judges and the persons are exempt from this obligation. physically disabled by age, severe illness or any other that makes it difficult to appear.
Where the public servants or the persons referred to in the preceding paragraph have to be examined, the court shall have the evidence to be given in the case of systems for remote reproduction of images and sounds or any other means to enable their transmission, in private session.
The summons to whom a job, position or commission in the public service, other than those mentioned in this article, will be performed, will be done through the hierarchical superior (a), unless in order to ensure the success of the appearance, the citation is required to be performed in a different manner.
In the case of any person who has served as a public servant and is not possible to locate it, the court will ask the institution to has provided his/her services with the address information, telephone number, and, where appropriate, the data necessary for his/her location, in order to make him appear in the respective audience.
Article 91. How to perform the citations
Where the presence of a person is necessary for the conduct of a procedural act, the authority which is aware of the case shall order its summons by trade, certified mail or telegram with delivery notice at the address provided, at least forty-eight hours in advance of the event.
The witness or expert may also be quoted by telephone as having expressly expressed his will to be cited in this way, provided that he has provided his number, without prejudice to the fact that if such a summons is not possible, it may be carried out by any of the other means mentioned in this Chapter.
If the parties offer evidence to a witness or expert, they must present the evidence on the day and time indicated, unless they request the court or tribunal to conduit is cited by virtue of being unable to appear due to the nature of the circumstances.
In case the parties, being required to present their witnesses or experts, do not comply with such an appearance, they will be given a withdrawal from the test, unless justify the impossibility of presenting them within 24 hours of the date fixed for the appearance of their witnesses or experts.
Subpoena must contain:
I. The authority and address to which it must be presented;
II. The day and time that you are to appear;
III. The object of the same;
IV. The procedure from which it is derived;
V. The signature of the authority that orders it, and
VI. The warning of the imposition of an award means in the event of non-compliance.
Article 92. Citation to the imputed
Whenever the presence of the defendant is required in order to perform a procedural act by the Court, as appropriate, he will cite it together with his/her Ombudsman appear.
The citation must contain, in addition to the requirements mentioned in the previous article, the address, the telephone number and, where appropriate, the data necessary for communicate with the authority that orders the citation.
Article 93. Communication of actions of the Public Ministry
When in the course of an investigation the Public Ministry must communicate any action to a person, it may do so by any means that guarantees the reception of the message. The provisions of this Code shall apply as appropriate.
Article 94. General rules
The procedural acts will be met within the deadlines set, in the terms that this Code authorizes.
The time limits for judicial arbitration will be determined in accordance with the nature of the procedure and the importance of the activity to be carried out, The rights of the parties are taken into account.
Not to be computed on Saturdays, Sundays or days which are determined by the applicable legal orders, except in the case of acts relating to the precautionary measures, putting the charge at the disposal of the court, resolving the legality of the detention, making the complaint, resolving the origin of the precautionary measures in their case and deciding on the the origin of their relationship to process, for this effect every day will compute as business.
With the exception of the derogation provided for in the preceding paragraph, the other time-limits which expire on a non-working day shall be extended until the following working day.
The time limits set in hours shall be time-to-moment and shall be set in days from the day on which the notification takes effect.
Article 95. Waiver or abbreviation
The parties in whose favor a deadline has been established may waive it or consent to its abbreviation by express manifestation. If the time limit is common for the parties, to proceed on the same terms, all interested parties must express their will in the same way.
When it is the Public Ministry that renounces a term or consents to its abbreviation, the victim or offended must be heard to manifest what is in his interest.
Article 96. Term replacement
The party which has not been able to observe a period for cause not attributable to it, may request in a manner founded and motivated its total or partial replacement, with the purpose of carry out the act omitted or exercise the power granted by the law, within 24 hours of the fact that the injured person is aware of the act whose replacement of the period is intended. The court may order the replacement once it has heard the parties.
NULLITY OF PROCEDURAL ACTS
Article 97. General principle
Any act carried out with violation of human rights shall be null and void and shall not be sanitized, nor validated and its nullity shall be declared ex officio by the Authority at the time of notice or at any time at the request of the party.
Acts executed in contravention of the formalities provided for in this Code may be declared null, unless the defect has been sanitized or validated, agreement with the provisions of this Chapter.
Article 98. Application for a declaration of invalidity on acts executed in contravention of formalities
The application for a declaration of invalidity shall be founded and reasoned and shall be submitted in writing within two days of the date on which the injured party has Verified evidence of the act whose invalidation is intended. If the vice occurred in a performance held in the audience and the affected person was present, he/she should be presented verbally before the end of the same hearing.
In case the declared null act is found in the assumptions set out in the final part of Article 101 of this Code, its replacement shall be ordered.
Article 99. Sanitation
Acts executed with non-compliance with the formalities provided for in this Code may be sanitized, reimposing the act, correcting the error or performing the act omitted at the request of the data subject.
The judicial authority that establishes a formal defect that can be healed in any of its actions, will communicate it to the interested party and will give him a deadline to correct it, which shall not be longer than three days. If the act is not sanitised within that period, the court shall decide to do so.
The judicial authority may, at any time of its own motion, or at the request of a party, correct purely formal errors contained in its actions or resolutions, always respecting the rights and guarantees of the interveners.
The act shall be understood to have been sanitised when, notwithstanding the irregularity, it has achieved its purpose in respect of all stakeholders.
Article 100. Validation
Acts executed with non-compliance with the formalities provided for in this Code that affect the Public Ministry or the victim or offended will be validated. when:
I. The parties have accepted, expressly or tacitly, the effects of the act;
II. None of the parties have requested their sanitation while the act is being performed, and
III. Within twenty-four hours after the event has taken place, the party that has not been present or participated in the act does not request its reorganisation. If, in the special circumstances of the case, it would not have been possible to warn in due course of the defect in the conduct of the proceedings, the person concerned must, in a justified manner, request the reorganisation of the act, Twenty-four hours after you have become aware of it.
Any procedural defects which do not affect fundamental rights of the person shall also be validated where the person or his/her Ombudsman has not applied for his/her sanitation within twenty-four hours after warning it.
Article 101. Declaration of nullity
When it has been impossible to sanitize or validate an act, at any time the Court, at the request of a party, in a founded and reasoned manner, shall declare its In its resolution the effects of the declaration of nullity must be specified, and the acts to which it is declared void must be specified in relation to the act annulled. The Court of Justice shall not declare the nullity of acts performed in the pre-trial stages, except for the exceptions provided for in this Code.
To decree the nullity of an act and arrange for its replacement, the simple violation of the rule is not enough, but requires, moreover, that:
I. An actual affect has been caused to any of the parties, and
II. That replacement is essential to ensure compliance with the rights or interests of the affected subject.
Article 102. Legitimate subjects
You may only apply for a declaration of invalidity for the intervener injured by a vice in the proceedings, provided that he has not contributed to it.
TEST PRODUCTION EXPENSES
Article 103. Test Production Expenses
Dealing with the expert test, the court will order, at the request of the party, the appointment of experts from public institutions, who will be obliged to practice the relevant expertise, provided there is no material impediment to this.
Article 104. Imposition of aaward media
The Judicial Authority and the Public Ministry may have the following means of award for the fulfilment of the acts that they order in the exercise of their functions:
I. The Public Ministry will have the following award measures:
b) Multa from twenty to one thousand days of minimum wage in force at the time and place where it is You need to be a prize measure. In the case of day laborers, workers and workers who receive a minimum wage, the fine shall not exceed one day's salary and shall be treated as non-salaried workers on one day of their income;
c) Public force aid, or
d) Arrest for up to thirty-six hours;
II. The jurisdictional Authority will have the following award measures:
b) Multa from twenty to five thousand days minimum wage in force at the time and place in which The lack of an award measure is committed. In the case of day laborers, workers and workers who receive a minimum wage, the fine shall not exceed one day's salary and shall be treated as non-salaried workers on one day of their income;
c) Public force aid, or
d) Arrest for up to thirty-six hours.
The court may also order the expulsion of persons from the premises where the care is carried out.
The resolution determining the imposition of award measures must be founded and motivated.
The imposition of the arrest will only be made when the arrest has been mediated and the latter is duly notified to the affected party.
The Judicial Authority and the Public Ministry may give an opinion to the competent authorities to determine the responsibilities that may be taken in the case of the terms of the applicable legislation.
SUBJECT OF THE PROCEDURE AND ITS AUXILIARIES
Article 105. Subject to criminal proceedings
The following are subject to the criminal procedure:
I. The victim or offended;
II. The Legal Advisor;
III. The imputed;
IV. The Defender;
V. The Public Ministry;
VI. The Police;
VII. The jurisdictional Authority, and
VIII. The supervisory authority for precautionary measures and the conditional suspension of the process.
The subjects of the procedure who will have the quality of part in the procedures provided for in this Code, are the defendant and his Ombudsman, the Public Ministry, the victim or offended and their Legal Counsel.
Article 106. Reservation about the identity
In no case may the confidential information relating to the personal data of the subjects of the procedure be referred to or communicated to third parties. criminal or any related or mentioned person in this.
Any violation of the reservation by public servants will be sanctioned by applicable law.
In cases of persons removed from the action of justice, the publication of the data allowing the identification of the accused to execute the order will be admitted judicial of apprehension or of appearance.
Article 107. Probity
The subjects of the procedure that intervene as a party must be conducted with probity, avoiding the dilatory approaches of formal character or any abuse in the exercise of the powers or rights granted to them by this Code.
The Court of Justice shall ensure that at all times the regularity of the procedure, the exercise of powers or rights in terms of law and good practice are respected. faith.
VICTIM OR OFFENDED
Article 108. Victim or offended
For the purposes of this Code, the victim of the offence is considered to be a victim of the liability that directly resents the affectation produced by the conduct criminal. In addition, the natural or moral person who holds the injured legal property or is endangered by the action or omission provided for in the criminal law shall be offended.
In the crimes whose consequence is the death of the victim or in the event that the victim is not able to personally exercise the rights that this Code grants to him, consider as offended, in the following order, the spouse, concubine or concubinaire, the living person, the relatives by consanguinity in the ascending or descending straight line without limitation of degree, by affinity and civil, or any other person who has an affective relationship with the victim.
The victim or offended, in terms of the Constitution and other applicable ordinances, shall have all the rights and prerogatives that are recognized to him.
Article 109. Victim's rights or offended
In the procedures provided for in this Code, the victim or offended shall have the following rights:
I. To be informed of the rights that the Constitution recognizes in your favor;
II. A that the Public Ministry and its auxiliaries as well as the Judicial Authority provide them with access to justice and provide them with the services that they constitutionally have entrusted with legality, honesty, loyalty, impartiality, professionalism, efficiency and effectiveness and with due diligence;
III. To have information about the rights that exist, such as being cared for by the same sex, or the sex that the victim chooses, when they so require and receive from the commission of the offense medical and psychological attention as a matter of urgency, as well as legal assistance through a legal adviser;
IV. To communicate, immediately after the crime has been committed with a relative, and even with its Legal Counsel;
V. To be informed, upon request, of the development of the criminal procedure by its Legal Adviser, the Public Ministry and/or, where appropriate, by the Judge or Court;
VI. To be treated with respect and dignity;
VII. For a free legal advisor at any stage of the procedure, in the terms of the applicable legislation;
VIII. To receive treatment without discrimination in order to prevent it from being attacked against human dignity and to annul or undermine its rights and freedoms, so the protection of their rights will be made without distinction;
IX. To access justice in an early, free and impartial manner with respect to their complaints or complaints;
X. To participate in alternative dispute resolution mechanisms;
XI. To receive free of charge the assistance of an interpreter or translator from the complaint to the conclusion of the criminal procedure, when the victim or offence belongs to an ethnic group or indigenous people or does not know or understand the language ;
XII. If you have a disability, make adjustments to the criminal procedure that are necessary to safeguard your rights;
XIII. To be provided with immigration assistance when you have another nationality;
XIV. To be given all relevant data or evidence with which it counts, both in the investigation and in the process, to be given the necessary steps, and to intervene in the trial and to bring the resources to the the terms that this Code sets;
XV. To intervene throughout the procedure itself or through its Legal Counsel, as provided in this Code;
XVI. To be provided with protection when there is a risk to your life or personal integrity;
XVII. To request the carrying out of investigative acts which, as appropriate, may be appropriate, unless the Public Ministry considers that it is not necessary, and must establish and motivate its refusal;
XVIII. To receive medical and psychological care or to be channeled to institutions that provide them with these services, as well as to receive special protection of their physical and mental integrity when requested, or when dealing with crimes that so require;
XIX. For protection measures, precautionary providences and precautionary measures;
XX. To request the transfer of the authority to the place where it is located, to be questioned or to participate in the act for which it was cited, when for its age, serious illness or for some other physical or psychological impossibility is difficult his appearance, to which he or she must require the waiver, in case or by a third party, in advance;
XXI. To challenge for itself or through its representative, the omissions or negligence that the Public Ministry commits in the performance of its investigative functions, in the terms provided for in this Code and in the other legal provisions applicable;
XXII. To have access to the records of the investigation during the procedure, as well as to obtain free copy thereof, unless the information is subject to reservation so determined by the Judicial Authority;
XXIII. To be restored to their rights, when they are accredited;
XXIV. To be guaranteed to repair damage during the procedure in any of the forms provided for in this Code;
XXV. To be dealt with the damage caused by the commission of the offence, being able to request it directly from the Judicial Authority, without prejudice to the Public Ministry to request it;
XXVI. When you protect your identity and other personal data when you are minors, it is crimes of violation against freedom and normal psychosexual development, family violence, kidnapping, human trafficking or when in the opinion of the Authority jurisdiction is necessary for its protection, while safeguarding the rights of the defence;
XXVII. To be notified of the withdrawal of the criminal action and of all the resolutions that end the procedure, in accordance with the rules established by this Code;
XXVIII. To request the reopening of the process when its suspension has been decreed, and
XXIX. The others who establish this Code and other applicable laws.
In the event that the victims are persons under the age of eighteen, the Judicial Authority or the Public Ministry shall take into account the principles of interest the prevalence of their rights, their comprehensive protection and the rights enshrined in the Constitution, in the Treaties, as well as those provided for in this Code.
For crimes involving violence against women, all the rights that the General Law on Women's Access to a Law establishes must be observed. Life Free of Violence and other applicable provisions.
Article 110. Designation of Legal Counsel
At any stage of the procedure, victims or offended persons may appoint a legal adviser, who must be a licensed lawyer or lawyer, who he/she must prove his/her profession from the beginning of his/her intervention by means of professional cedula. If the victim or offence cannot designate a particular victim, he or she shall be entitled to one of his/her own office.
When the victim or offence belongs to an indigenous people or community, the Legal Adviser shall have knowledge of his language and culture and, if not possible, must be assisted by an interpreter who has such knowledge.
The intervention of the Legal Counsel will be to guide, advise or intervene legally in the criminal procedure on behalf of the victim or offended.
At any stage of the procedure, victims will be able to act on their own or through their Legal Counsel, who will only promote what they previously report to their represented. The Legal Adviser shall intervene on behalf of the victim or on an equal footing with the Ombudsman.
Article 111. Resetting things to the previous state
In any state of the proceedings, the victim or offended may apply to the Tribunal, order as a provisional measure, when the nature of the event is permits, the restitution of their property, objects, instruments or products of the crime, or the replenishment or restoration of the things to the state that they had before the event, provided that there are sufficient elements to decide it.
Article 112. Denomination
It will be referred to as generically imputed to whoever is appointed by the Public Ministry as a possible author or to participate in a fact that the law indicates as a crime.
In addition, the person against whom an indictment has been charged and sentenced to whom a sentence has been handed over, even if it has not been declared, is called a defendant. firm.
Article 113. Duties of the imputed
The imputed will have the following rights:
I. To be considered and treated as innocent until proven accountable;
II. To communicate with a family member and his/her Ombudsman when he/she is detained, and the Public Ministry must be provided with all the facilities to achieve it;
III. To declare or to remain silent, in the understanding that its silence cannot be used to its detriment;
IV. To be assisted by his/her Ombudsman at the time of his/her declaration, as well as in any other performance and to meet in private beforehand with him;
V. To be informed, both at the time of his arrest and in his appearance before the Public Ministry or the Judge of Control, the facts that are imputed to him and the rights that he or she is attending, as well as, where appropriate, the reason for the deprivation of his freedom and the public servant who ordered it, and the order issued against it, as appropriate;
VI. A not be subjected at any time in the procedure to techniques or methods that threaten their dignity, induce or alter their free will;
VII. A request to the judicial authority for the modification of the precautionary measure imposed on it, in cases where it is in a preventive prison, in the cases indicated by this Code;
VIII. To have access to it and its defense to the records of the investigation, as well as to obtain free copy thereof, in terms of article 217 of this Code;
IX. To be given the relevant means of proof which it offers, granting it the time necessary for that purpose and assisting it in obtaining the appearance of the persons whose testimony it requests and which it is unable to present directly, in terms of what is set by this Code;
X. To be tried before a hearing by a Court of Procedure, before four months if it is a crime whose maximum sentence does not exceed two years ' imprisonment, and before a year if the sentence exceeds that time, unless he requests more time for their defense;
XI. To have an adequate defense by a qualified law graduate or lawyer, with professional cedula, to which he will choose freely even from the moment of his arrest and, in the absence of this, by the appropriate public defender, thus how to meet or meet with him in strict confidentiality;
XII. To be assisted free of charge by a translator or interpreter in the event that he does not understand or speak the Spanish language; when the accused belongs to an indigenous people or community, the Ombudsman must have knowledge of his language and culture and, where it is not possible, it shall be assisted by an interpreter of the culture and language concerned;
XIII. To be presented to the Public Ministry or to the Control Judge, as the case may be, immediately after being detained or apprehended;
XIV. Not to be exposed to the media;
XV. Not to be presented to the community as a culprit;
XVI. To request from the time of their detention, social assistance for minors or persons with disabilities whose personal care is in their care;
XVII. To obtain their freedom in the event that they have been detained, when the preventive prison is not ordered, or another precautionary measure restricting their freedom;
XVIII. A report to the appropriate embassy or consulate when detained, and provide immigration assistance when you have foreign nationality, and
XIX. Other than set this Code and other applicable provisions.
The time limits referred to in the X fraction of this article will be counted from the initial hearing until the time the sentence issued by the Court of jurisdiction.
When the imputed has to his or her minor care, persons with disabilities, or older adults who are dependent on him, and there is no other person who can exercise that care, The Public Ministry must channel them to appropriate social assistance institutions, in order to receive protection.
Article 114. Statement of imputed
The imputed will have the right to declare during any stage of the procedure. In this case, you may do so before the Public Ministry or the Court of Justice, with full respect for the rights that protect you and in the presence of your Ombudsman.
El Comercio] In case the accused manifest to the police their desire to testify about the facts that are being investigated, the police will have to inform the Public Ministry about the situation. their manifestations are received with the formalities provided for in this Code.
Article 115. Designation of Defensor
The Ombudsman may be appointed by the defendant from the time of his arrest, himself who must be a law graduate or lawyer entitled with professional cedula. In the absence of this or the omission of his appointment, the appropriate public defender shall be appointed.
The intervention of the Ombudsman shall not prejudice the right of the defendant to intervene, to make requests and to make the statements he considers relevant.
Article 116. Accreditation
The designated Advocates must accredit their profession to the Court of Justice from the beginning of their intervention in the procedure, by means of a professional card legally issued by the competent authority.
Article 117. Obligations of the Ombudsman
These are the Ombudsman's obligations:
I. Interview the defendant to directly know his version of the facts that motivate the investigation, in order to provide the relevant data and evidence that are necessary to carry out a proper defense;
II. Advise the defendant on the nature and legal consequences of the punishable facts attributed to him;
III. Appear and attend legally upon the defendant at the time he gives his or her statement, as well as any diligence or hearing established by law;
IV. Analyze the constances that work in the research folder, in order to have greater elements for the defense;
V. Communicate directly and personally with the defendant, when he considers it appropriate, as long as this does not alter the normal conduct of the hearings;
VI. Collect and provide the necessary means of testing for the defense;
VII. Present the arguments and evidence that distort the existence of the fact that the law indicates as a crime, or those that allow to assert the origin of a causal of inimputability, dismissal or exclusionary of responsibility in favour of the imputed and the prescription of the criminal action or any other legal causal that is for the benefit of the imputed;
VIII. Request the non-exercise of the criminal action;
IX. Offer the data or means of evidence in the relevant hearing and promote the exclusion of those offered by the Public Ministry or the victim or offended when they do not conform to the law;
X. Promote in favor of the imputed the application of alternative mechanisms of dispute resolution or early forms of termination of the criminal process, in accordance with the applicable provisions;
XI. Participate in the hearing of the trial, in which you will be able to state your opening arguments, to de-drown the evidence offered, to contest those of the other interveners, to make the objections that come and to make your final arguments;
XII. Keep the person informed about the development and follow-up of the procedure or judgment;
XIII. Where appropriate, formulate requests for special procedures;
XIV. Save professional secrecy in the performance of your duties;
XV. To interject the resources and incidents in terms of this Code and applicable law and, if applicable, to promote the trial of Amparo;
XVI. Inform the defendants and their families of the legal status of their defence, and
XVII. The others that point to the laws.
Article 118. Post appointment
During the course of the proceedings, the defendant may appoint a new Ombudsman, however, until the new Ombudsman does not appear to accept the charge. The court or the public prosecutor shall appoint a public defender, in order not to leave him in a state of defensiveness.
Article 119. Inadmissibility and separation
In no case may any person who is co-accused of the accused be appointed as a Defender of the accused, has been sentenced for the same fact or imputed to be author or participate in the cover-up or favor of the same fact.
Article 120. Resignation and abandonment
When the Ombudsman renounces or abandons the defence, the Public Ministry or the Court of Justice shall inform the defendant that he has the right to appoint another Ombudsman; However, as long as you do not designate or do not want to appoint you, you will be appointed a Public Defender.
Article 121. Technical Defense Assurance
Whenever the Court finds that there is a manifest and systematic technical incapacity of the Ombudsman, he will prevent the defendant from appointing another.
If this is a private Ombudsman, the defendant will have three days to appoint a new Ombudsman. If the defendant is prevented, no other person is appointed, a public defender will be assigned to collaborate on your defense.
If this is a Public Defender, regardless of the liability in which it incurs, the hierarchical superior will be given for the replacement effects.
In both cases, a term will be granted that will not exceed ten days for proper defense to be developed from the act that prompted the change.
Article 122. Appointment of the public defender
Where the defendant is unable or refuses to appoint a particular Ombudsman, the Public Ministry or the Court, where appropriate, shall appoint a Public Defender who carry the representation of the defence from the first act in which it intervenes.
Article 123. Number of Defenders
The imputed may designate the number of Advocates it deems appropriate, which, in the hearings, will take the word in order and must act in any case with respect.
Article 124. Common Defender
The defence of several defendants in the same process by a common Ombudsman shall not be admissible unless it is established that there is no incompatibility or conflict of interest of the defences of the accused. If the Common Defender is authorised and the incompatibility is warned in the course of the proceedings, it will be corrected ex officio and will be provided to replace the Ombudsman.
Article 125. Interview with detainees
The defendant who is detained for any circumstance, before filing a declaration, will be entitled to interview in a timely and private manner with his Advocate, upon request, at the place to be designated for that purpose. The authority of knowledge has an obligation to implement everything necessary for the free exercise of this right.
Article 126. Interview with other people
If before a hearing, on the occasion of his preparation, the Ombudsman has to interview a person or intervener of the procedure which refuses to You will be able to request the judicial assistance, explaining the reasons why the interview is necessary. The Court of Justice shall, if the application is deemed to have been founded, issue the order for the person to be interviewed by the Ombudsman at the place and time to be established by the Ombudsman or by the court itself. Such authorisation shall not be granted in cases where, at the request of the Public Ministry, the court considers that the victim or witnesses must be subject to special protection protocols.
Article 127. Competence of the Public Ministry
It is up to the Public Ministry to conduct the investigation, to coordinate the police and the expert services during the investigation, to resolve the exercise of the criminal action in the form established by law and, where appropriate, order the relevant and useful measures to demonstrate, or not, the existence of the offence and the responsibility of the person who committed it or participated in its commission.
Article 128. Duty of loyalty
The Public Ministry will have to act during all stages of the procedure in which it intervenes with absolute adherence to the provisions of the Constitution, in this Code and in other applicable legislation.
The Public Ministry will have to provide truthful information about the facts, about the findings in the investigation, and will have the duty of not hiding the interveners. element that could be favorable to the position they assume, especially when it resolves not to incorporate any of those elements into the procedure, except for the reservation that in certain cases the law authorizes in the investigations.
Article 129. Duty of objectivity and due diligence
The investigation should be objective and refer to both the charge and discharge elements and conducted with due diligence, in order to ensure the respect of the rights of the parties and due process.
Upon completion of the supplementary investigation, you may request the dismissal of the proceedings, or, at the hearing, you may conclude by requesting the acquittal or a (a) a sentence which is lighter than the one suggested by the prosecution, where elements leading to that finding arise in accordance with the provisions of this Code.
During the investigation, both the defendant and his Ombudsman, as well as the victim or the offended, will be able to ask the Public Ministry for all those acts of investigation. consider relevant and useful for the clarification of the facts. The Public Ministry shall, within three days, decide on such request. To this end, it may provide for the conduct of the proceedings which are deemed to be conducive to the investigation.
The Public Ministry may, with full respect to the rights that protect it and in the presence of the Ombudsman, request the appearance of the defendant and/or order his/her statement, when it considers that it is relevant to clarify the existence of the criminal act and the likely participation or intervention.
Article 130. Load the test
The burden of proof to prove guilt corresponds to the charging party, as the criminal type establishes.
Article 131. Obligations of the Public Ministry
For the purposes of this Code, the Public Ministry shall have the following obligations:
I. Monitor that in any investigation of the crimes it is strictly enforced with the human rights recognized in the Constitution and in the Treaties;
II. Receive any complaints or complaints submitted to you orally, in writing, or through digital means, including by anonymous denunciations in terms of applicable legal provisions, on facts that may constitute crime;
III. Exercise the conduct and command of the investigation of the crimes, for which it shall coordinate the Police and the experts during the investigation;
IV. Order or monitor, as the case may be, the application and execution of the measures necessary to prevent the loss, destruction or alteration of the indicia, once you have heard of it, as well as to ensure that the rules have been followed and protocols for preservation and processing;
V. Initiate the relevant investigation where appropriate and, where appropriate, order the collection of evidence and means of evidence to be used for their respective decisions and those of the Court, as well as to obtain the necessary elements to determine the damage caused by the offence and the quantification of the offence for the purposes of its repair;
VI. Exercise investigative functions with respect to crimes in concurrent matters, when exercising the faculty of attraction and in other cases that the laws establish;
VII. To order the Police and its auxiliaries, in the field of their competence, to practice conducting investigative acts to clarify the criminal act, as well as to analyze those that those authorities have practiced;
VIII. Instruct the Police on the legality, pertinence, sufficiency and forcefulness of the indicia collected or to be collected, as well as the other activities and actions to be carried out within the investigation;
IX. Require reports or documentation to other authorities and individuals, as well as request the practice of expert and expert expertise to obtain other means of proof;
X. To request the Authority to authorise acts of investigation and other actions necessary within it;
XI. Order the detention and retention of the imputed when it results in the terms set by this Code;
XII. Provide the necessary security measures, in order to ensure that victims or offenders or witnesses of the crime can carry out the identification of the imputed without risk to them;
XIII. Determine the temporary file and the non-exercise of the criminal action, as well as exercise the power not to investigate in the cases authorized by this Code;
XIV. Decide to apply the opportunity criteria in the cases provided for in this Code;
XV. Promote the necessary actions to provide security and provide assistance to victims, offended, witnesses, judges, magistrates, agents of the Public Ministry, Police, experts, and, in general, all the subjects who of your intervention in the procedure, whose life or bodily integrity is at imminent risk;
XVI. Exercise criminal action where appropriate;
XVII. Make available to the Court of Justice persons detained within the time limits laid down in this Code;
XVIII. Promote the application of alternative dispute resolution mechanisms or early forms of termination of criminal proceedings, in accordance with applicable provisions;
XIX. Request the precautionary measures applicable to the imputed in the process, in attention to the conductive provisions and to promote their compliance;
XX. Communicate to the court and the defendant the facts, as well as the evidence supporting them and the legal basis, taking into account the objective or purpose of each stage of the procedure;
XXI. To request the judicial authority to impose the appropriate security penalties or measures;
XXII. Request the payment of the compensation for the damage in favor of the victim or offense, without prejudice to the fact that they could request it directly;
XXIII. Act in strict adherence to the principles of legality, objectivity, efficiency, professionalism, honesty and respect for human rights recognized in the Constitution, and
XXIV. The others that point to this Code and other applicable provisions.
Article 132. Obligations of the Police
The Police will act under the leadership and command of the Public Ministry in the investigation of the crimes in strict accordance with the principles of legality, objectivity, efficiency, professionalism, honesty and respect for human rights recognized in the Constitution.
For the purposes of this Code, the Police shall have the following obligations:
I. Receive complaints about facts that may constitute a crime and inform the Public Ministry by any means and immediately of the proceedings;
II. Receive anonymous complaints and immediately make it known to the Public Ministry for the purpose of coordinating the investigation;
III. Make arrests in cases that authorize the Constitution, making the person aware of the rights granted to him;
IV. Prevent crimes from being consumed or the facts produce subsequent consequences. In particular, it shall be required to carry out all necessary acts to prevent actual, current or imminent aggression and without the right to protect the legal goods of the governed to whom it has the obligation to protect;
V. Act under the command of the Public Ministry in the insurance of property related to the investigation of crimes;
VI. Report without delay by any means to the Public Ministry on the detention of any person, and immediately register the detentions in the registry that will have the effect of establishing the applicable provisions;
VII. Practice inspections and other investigative acts, as well as report their results to the Public Ministry. For those who require judicial authorization, they must apply through the Public Ministry;
VIII. Preserve the place of the facts or the finding and in general, perform all the necessary acts to ensure the integrity of the indicia. In your case you must give notice to the Police with capabilities to process the scene of the event and the Public Ministry in accordance with the provisions of this Code and applicable law;
IX. Collect and ressave objects related to the investigation of the crimes, in the terms of the previous fraction;
X. Interview people who may contribute some data or element to the research;
XI. Require the competent authorities and request natural or moral persons, reports and documents for the purpose of the investigation. In the event of a refusal, it shall inform the Public Ministry to determine the conduct;
XII. Provide care to victims or offenders or witnesses to the crime. For this purpose, it shall:
a) Provide immediate protection and assistance, in accordance with the provisions applicable;
b) Inform the victim or offended about the rights that are set;
c) Seek to receive medical and psychological care when necessary, and
d) Adopt the measures deemed necessary, in the field of their competence, teeth to avoid endangering their physical and psychological integrity;
XIII. Give compliance to the ministerial and jurisdictional commandments that are instructed to them;
XIV. Issue the police report and other documents, in accordance with applicable provisions. For this purpose, it may be possible to support the necessary knowledge, without having the character of expert reports, and
XV. The others who trust this Code and other applicable provisions.
JUDGES AND MAGISTRATES
Article 133. Jurisdiction
For the purposes of this Code, jurisdictional jurisdiction comprises the following bodies:
I. Judge of control, with competence to exercise the privileges that this Code recognizes from the beginning of the stage of investigation until the dictation of the self-opening to judgment;
II. Court of Procedure, which presides over the hearing of judgment and will dictate the judgment, and
III. High Court, which will know about the means of impeachment and other matters that this Code provides for.
Article 134. Common duties of judges
In the field of their respective competencies and attributions, they are common duties of judges and magistrates, the following:
I. Resolve the matters under consideration with due diligence, within the terms provided for in law and subject to the principles that should govern the exercise of the jurisdictional function;
II. Respect, ensure and ensure the safeguarding of the rights of those involved in the procedure;
III. Save your reservation on matters related to your role, even after you have ceased the exercise of the position;
IV. Address timely and duly addressed requests by subjects involved in criminal proceedings;
V. Refrain from presenting the accused or accused as guilty in public if there is no conviction;
VI. Maintain order in the hearing rooms, and
VII. The others established in the Organic Law, in this Code and other applicable provisions.
Article 135. The complaint and its provenance
He will complain against the judge of first instance for not performing a procedural act within the deadline indicated by this Code. The complaint may be promoted by any part of the procedure and shall be dealt with without prejudice to the other legal consequences of the judgment of the judge.
Since the omission of the procedural act is advised, the complaint may be brought before the Council. It must be processed and resolved within a period of no more than three days.
Since the complaint was received by the court, the court has a period of 24 hours to remedy that omission, or to make a brief and brief report. (a) a summary of the reasons for which the procedural act or formality required by the omitted rule has not been verified and to refer the action and the report to the Council.
The Council will have forty-eight hours to resolve if the omission has been verified. In that case, the Council shall order the conduct of the act omitted and shall warn the court of the impositions of the penalties provided for by the respective Organic Law in the event of non-compliance. In no case shall the Council be able to order the terms and conditions under which the omission is to be made to the Court of Justice, with the aim of limiting its decision to the omission of the act.
Article 136. Technical consultants
If, in the circumstances of the case, the parties involved in the proceedings consider that the assistance of a consultant in a science, art or technology is necessary, shall bring the case to the Court. The technical consultant may accompany the party with whom he collaborates in the hearings, in order to support it technically.
PROTECTIVE MEASURES DURING INVESTIGATION, WAYS OF DRIVING THE IMPUTED TO THE PROCESS AND PRECAUTIONARY MEASURES
PRECAUTIONARY MEASURES AND PROTECTION MEASURES
Article 137. Protective measures
The Public Ministry, under its strictest responsibility, will order the application of the appropriate protective measures to be founded and motivated when it considers that the imputed represents an imminent risk against the safety of the victim or offended. The following are protective measures:
I. Prohibition of approaching or communicating with the victim or offended;
II. Limitation to attend or approach the victim's address or offended or the place where it is located;
III. Immediate home separation;
IV. The immediate delivery of personal use objects and identity documents the victim who was in possession of the likely liability;
V. The prohibition of conduct of intimidation or nuisance to the victim or offended or people related to them;
VI. Surveillance at the address of the victim or offended;
VII. Police protection of the victim or offended;
VIII. immediate aid by members of police institutions, to the address where they are locate or find the victim or offended at the time of request;
IX. Transfer of the victim or offended to temporary shelters or shelters, as well as their descendants, and
X. Reentry of the victim or offended to your address, once you have taken care of your security.
Within five days of the imposition of the protective measures provided for in fractions I, II and III, a hearing shall be held in which the judge may cancel them or ratify or amend them by imposing the appropriate precautionary measures.
In the event of non-compliance with the protection measures, the Public Ministry may impose any of the award measures provided for in this Code.
In the application of these measures for crimes on the basis of gender, the General Law on Women's Access to a Free Life of Women will be applied in an extra way. Violence.
Article 138. Precautionary providences for the restitution of victim's rights
To ensure repair of the damage, the victim, the offended or the Public Ministry, may ask the judge for the following precautious providences:
I. The asset embargo, and
II. The immobilization of accounts and other values within the system financial.
The judge will decree the precautious providences, as long as, of the test data exposed by the Public Ministry and the victim or offended, the possible repair of the damage and the likelihood that the imputed will be responsible for repairing it.
The precautionary providence may be revised, modified, replaced or cancelled at the request of the person or third parties concerned, victim or offended and the Public Ministry.
The precautious providences will be cancelled if the imputed guarantees or pays the repair of the damage; if they were decreed before the initial hearing and the Ministry Public does not promote them, or does not request arrest warrant in the term that this Code points out; if the request for cancellation of the embargo raised by the person against which it was decreed or a third party is declared, or if it is issued Absolute judgment, the dismissal is decreed or the repair of the damage is cleared.
The precautious providence will be effective in favor of the victim or offended when the sentence that condemns the damage causes execution. The embargo shall be governed by the general rules of the embargo provided for in the Federal Code of Civil Procedures.
Article 139. Duration of protective measures and precautionary providences
The imposition of protective measures and precautionary providences shall have a maximum duration of sixty calendar days, which may be extended for up to thirty days.
When the cause that gave rise to the measure has disappeared, the defendant, his or her Ombudsman or the Public Ministry, may request the Judge to leave it with no effect.
FREEDOM DURING INVESTIGATION
Article 140. Freedom during research
In cases of arrest for flagrant violations, in the case of crimes that do not warrant official preventive imprisonment, and the Public Ministry determines that it will not request a prison As a precautionary measure, it may provide for the freedom of the imputed or impose a protective measure on it in the terms of the provisions of this Code.
When the Public Ministry decrees the release of the accused, it will prevent him from disturbing or affecting the victim or offended and the witnesses of the done, not to hinder the investigation and to appear as many times as cited for the practice of investigative measures, warning him to impose measures of the award in case of unjustified disobedience.
WAYS TO DRIVE THE IMPUTED TO THE PROCESS
Citation, arraignment and apprehension orders
Article 141. Citation, order of appearance and apprehension
When a complaint has been filed or a complaint of a fact that the law indicates as a crime, the Public Ministry announces that they work in the investigation folder establish that such a fact has been committed and that there is a likelihood that the defendant has committed or participated in his commission, the Control Judge, at the request of the Public Ministry, may order:
I. Citatorio to the imputed for the initial hearing;
II. Order to appear, through public force, against the defendant who having been previously summoned to a hearing has not appeared, without any justification, and
III. Order of apprehension against a person when the Public Ministry warns that there is a need for caution.
In the legal classification carried out by the Public Ministry, the criminal type that is attributed, the degree of execution of the event, the form of intervention, and the the intentional or culpable nature of the conduct, without prejudice to the subsequent reclassification of the conduct.
You may also order the apprehension of a person when he or she resists or evades the order of judicial appearance and the crime that is attributed to you. freedom.
The judicial authority will declare the action of the justice to the accused who, without justified cause, does not appear to be a judicial summons, establishment or place where he is being held or absent from his home without notice, having the obligation to give it. In any event, the declaration shall give rise to the issuance of an arrest warrant against the person who has been taken from the action of justice.
The judge will be able to issue order of apprehension in case the Public Ministry requests it to detain an accused whose extradition to another country would have given rise to the arrest. suspension of criminal proceedings, where in the requesting State the procedure for which he was extradited has been completed.
The Public Ministry may request an arrest warrant in the event that a precautionary measure is violated, in the terms of Article 174, and the Control Judge may dictate in the event that it considers it strictly necessary.
Article 142. Request for arraignment or apprehension orders
In the request for order of appearance or apprehension, a relation of the facts attributed to the imputed will be made, based precisely on the records and the reasons for which it considers that the requirements set out in the previous Article were updated shall be set out.
Applications shall be made by any means guaranteeing their authenticity, or in private hearing with the Control Judge.
Article 143. Resolution on request for arrest or arraignment
The Control Judge, within a maximum of twenty-four hours after the request for an arrest or arraignment has been received, shall settle in hearing exclusively with the presence of the Public Ministry, or through the computer system with due diligence and shall decide on each of the elements raised in the application.
If the request for an arrest warrant or appearance does not meet any of the requirements, the Control Judge will prevent the request from the same hearing or from the computer system to the Public Ministry to make the corresponding clarifications or clarifications, before which the Control Judge may give a different legal classification to the facts that arise or to the participation that the accused person had on the same. The arrest warrant shall not be granted when the control judge considers that the facts of the Public Ministry's application in his application are not a criminal offence.
If the resolution is recorded by a variety of means in writing, the resolution points of the arrest warrant must be transcribed and delivered to the Public Ministry.
Article 144. Withdrawal of criminal action
The Public Ministry will be able to request the withdrawal of the criminal action at any stage of the procedure, until before the second instance resolution.
The request for withdrawal must be authorized by the Holder of the Attorney General's Office or the official who delegates that faculty.
The Public Ministry will briefly present in hearing before the Control Judge, Court of Justice or Court of Justice, the reasons for the withdrawal of the action penalty. The judicial authority shall immediately resolve and terminate the dismissal.
In case of withdrawal of the criminal action, the victim or offended may challenge the resolution issued by the Judge of Control, Court of Justice or Court of Justice raised.
Article 145. Execution and cancellation of the order of appearance and apprehension
arrest warrant will be issued either physically or electronically to the Public Ministry, who will execute it through the Police. Law enforcement officers who execute an arrest warrant shall immediately make the detainee available to the control judge who issued the order, in a different area to that intended for the purposes of the preventive or remand (a) the date, time and place in which it was carried out, in turn, giving the person a copy of the same.
Police agents must immediately inform the Public Ministry about the execution of the arrest warrant for the purpose of the arrest warrant. the initial hearing from the imputation formulation.
Police officers executing a court order to appear shall immediately make the defendant at the disposal of the control judge who issued the order, in the room where the imputation is to be made, at the date and time indicated for such purposes. The Police must inform the Public Ministry about the date, time and place in which the order was complied with, and must, in turn, give the person a copy of the order.
When for any reason the Police could not execute the order of appearance, it must inform the Control Judge and the Public Ministry, at the date and time marked for the initial hearing.
The Public Ministry may request the cancellation of an arrest warrant or the reclassification of the conduct or act by which it has exercised criminal action, when it considers its origin by the occurrence of new data.
The request for cancellation must be authorized by the holder of the Office of the Attorney General or the official who in the delegation is entitled.
The Public Ministry will request a private hearing before the control judge in which it will make its request by exposing the new data; the control judge will decide immediate way.
The cancellation does not prevent the investigation from continuing and the order of apprehension will be requested later, except that due to the nature of the fact that the cancellation, the process must be overdrawn.
The cancellation of the arrest warrant may be appealed by the victim or the offended.
Flagrancy and urgent case
Article 146. Cases of flagrancy
A person may be arrested without a warrant in case of a flagrant case. It is understood that there is flagrancy when:
I. The person is stopped at the time of committing a crime, or
II. Immediately after the commit is stopped, by virtue of:
a) She is caught committing the crime and is persecuted material and uninterrupted, or
b) When the person is singled out by the victim or offended, some eyewitness the facts or who has intervened with it in the commission of the offence and when it has in its possession instruments, objects, products of the offence or has information or indications that make it presumed that it has intervened in it.
For the purposes of section II (b) of this precept, it is considered that the person has been held in flagrant violation by point of view, as long as, immediately after committing the offense, your search or location has not been interrupted.
Article 147. Arrest in case of flagrancy
Any person may detain another person in the commission of a flagrant offence, and must immediately surrender the detainee to the nearest authority and be with the same promptly to the Public Ministry.
Public security bodies will be required to detain those who commit a flagrant offence and to register detention.
The inspection carried out by the security bodies to the imputed shall be conducted in accordance with the guidelines established for this purpose in this Code.
In this case or when they receive from any person or authority a detained person, they must immediately put it before the Public Ministry, who will make the registration of the time at which they are making it available.
Article 148. Blatant detention for crimes that require a complaint
When a person is detained for a fact that may constitute a crime that requires the offending party, it will be immediately reported who can present. A reasonable period of time shall be granted to him, in accordance with the circumstances of the case, which may not in any event be greater than 12 hours, counted from the fact that the victim or offence was notified or 24 hours after his or her detention in the event that their location is not possible. If these deadlines are not filed, the detainee will be released immediately.
In the event that the victim or offended has no physical impossibility to file his complaint, the legal period of detention of the accused will be exhausted. In this case, the relatives shall be the relatives by consanguinity until the third degree or by affinity to the first degree, who may legitimize the complaint, regardless of whether the victim or offence has been ratified or not subsequently.
Article 149. Public Ministry flagrancy Verification
In the cases of flagrant, the Public Ministry will have to examine the conditions in which the arrest was made immediately after the person is placed on his or her provision. If the detention was not carried out in accordance with the provisions of the Constitution and in this Code, the person shall have immediate freedom and, where appropriate, shall ensure the application of the appropriate disciplinary or criminal sanctions.
Also, during the retention period, the Public Ministry will analyze the need for such a measure and will carry out the investigative acts that it considers necessary for, where appropriate, exercise criminal action.
Article 150. Case of urgent case
Only in urgent cases will the Public Ministry be able, under its responsibility and by establishing and expressing the evidence to motivate its conduct, to order the arrest of a person, as long as the following assumptions are present:
I. There are data that establishes the existence of a given event as a serious crime and that there is a likelihood that the person committed or participated in the commission. They are deemed to be serious, for the purposes of detention on an urgent basis, the offences indicated as an official preventive imprisonment in this Code or in the applicable law as well as those whose average arithmetic is greater than five years prison;
II. There is a well-founded risk that the imputed may be subtracted from the action of justice, and
III. For the reason of the time, place or any other circumstance, it cannot occur before the judicial authority, or that in doing so, the imputed can be evaded.
The offences foreseen in the section I of this article will be considered serious, even if it is a punishable attempt.
Police officers who execute an arrest warrant on an urgent basis must make the arrest record and immediately present the person charged with the arrest. Public Ministry has issued such order, who shall ensure that the imputed is presented without delay to the Control Judge.
The control judge will determine the legality of the mandate of the Public Ministry and its compliance with the control of the detention. The violation of this provision shall be sanctioned in accordance with applicable provisions and the person detained shall be immediately released.
For the purposes of this article, the average arithmetic is the quotient that is obtained from adding the minimum prison sentence and the maximum of the actual crime involved. and divide it between two.
Article 151. Consular assistance
In the event that the detainee is foreign, he will be made to know without delay and will be guaranteed his right to receive consular assistance, so he will be allowed to communicate to the embassies or consulates of the countries in respect of which it is a national; the Control Judge shall notify the embassies or consulates of the detention of that person, recording constancy of this.
The Public Ministry and the Police will have to inform anyone who requests it, after identification, if a foreigner is detained and, where appropriate, the authority at which they are disposed. is found and the reason.
Article 152. Rights that attend the detainee
Authorities who execute a detention by flagrant or urgent case must ensure that the person has full and clear knowledge of the exercise of the rights cited below, at any stage of the custody period:
I. The right to inform someone of their detention;
II. The right to consult privately with your Ombudsman;
III. The right to receive a written notification establishing the rights established in the previous fractions and the measures to be taken for obtaining legal advice;
IV. The right to be placed in a cell in dignified conditions and with access to personal grooming;
V. The right not to be held naked or in intimate garments;
VI. When, for the purposes of the investigation, it is necessary for the detainee to deliver his or her clothes, clothing is provided, and
VII. The right to clinical care if you have a physical illness, are injured or appear to be suffering from a mental disorder.
Article 153. General rules of precautionary measures
The precautionary measures will be imposed by judicial resolution, for the time indispensable to ensure the presence of the accused in the procedure, guarantee the security of the victim or offence or the witness, or avoid the obstruction of the procedure.
It shall be for the competent authorities of the Federation and of the federative entities, for precautionary measures, to monitor that the mandate of the judicial authority is duly complied with.
Article 154. Source of precautionary measures
The Judge may impose precautionary measures at the request of the Public Ministry or the victim or offended, in the cases provided for by this Code, when the following circumstances:
I. Formulated the imputation, the imputed itself is coupled to the constitutional term, whether it is of a duration of seventy-two hours or one hundred and forty-four, as the case may be, or
II. The imputed is linked to processing.
In case the Public Ministry requests the remand during the constitutional period, the question must be resolved before the order of the linking to process. To this end, the parties may offer appropriate means of proof to analyse the origin of the measure requested, provided that the measure is liable to be drowned in the following 24 hours.
Article 155. Types of precautionary measures
At the request of the Public Ministry or the victim or offended, the judge may impose one or more of the following precautionary measures:
I. The periodic submission to the judge or authority other than that designate;
II. The display of an economic guarantee;
III. The embargo of goods;
IV. The quiesce of accounts and other values that are within the system financial;
V. The prohibition to leave without authorization from the country, of the locality in which it resides or the territorial scope to be set by the judge;
VI. The submission to care or surveillance of a particular person or institution or Detention at a given institution;
VII. The ban on attending certain meetings or approaching or certain places;
VIII. The prohibition of living, approaching or communicating with certain persons, with victims or offended or witnesses, provided that the right of defence is not affected;
IX. The immediate separation of the address;
X. Temporary suspension in the exercise of office when a crime is attributed to you committed by public servants;
XI. The temporary suspension in the exercise of a given professional activity or work;
XII. The placement of electronic locators;
XIII. The stub in its own home with the modalities that the judge has, or
XIV. Preventive prison.
The precautionary measures may not be used as a means to obtain a recognition of guilt or as an early criminal sanction.
Article 156. Proportionality
The Control Judge, when imposing one or more of the precautionary measures provided for in this Code, shall take into consideration the arguments that the parties offer or the justification for the Public Ministry to carry out, applying the criterion of minimum intervention according to the particular circumstances of each person, in terms of the provisions of Article 19 of the Constitution.
In order to determine the appropriateness and proportionality of the measure, the risk assessment analysis carried out by specialised personnel may be taken into account. material, in an objective, impartial and neutral manner in terms of the applicable legislation.
In the respective judgment, the Control Judge must justify the reasons why the precautionary measure is the one that is less harmful to the defendant.
Article 157. Imposition of precautionary measures
Requests for precautionary measures shall be resolved by the Control Judge, in the hearing and with the presence of the parties.
The Control Judge may impose one of the precautionary measures provided for in this Code, or combine several of them as appropriate to the case, or impose a different the requested one as long as it is not more serious. Only the Public Ministry may request the remand, which may not be combined with other precautionary measures provided for in this Code, except for the precautionary embargo or the freezing of accounts and other securities found in the financial system.
In no case is the Control Judge authorized to apply precautionary measures without taking into account the object or purpose of the measures or to implement more serious measures than those provided for in this Code.
Article 158. Precautionary measures debate
Formulated the imputation, if any, or dictated the order of connection to process at the request of the Public Ministry, the victim or the defense, will be discussed the need for the imposition or modification of precautionary measures.
Article 159. Content of the resolution
The resolution establishing a precautionary measure must contain at least the following:
I. The imposition of the precautionary measure and the justification for the establishment of the measure;
II. The guidelines for the application of the measure, and
III. The validity of the measure.
Article 160. Impeachment of court decisions
All court decisions regarding the precautionary measures regulated by this Code are appealing.
Article 161. Reviewing the measure
When the conditions justifying the imposition of a precautionary measure have been objectively varied, the parties may apply to the Court of Justice, the revocation, replacement or amendment of the same, for which the court shall cite all the interveners to a hearing in order to open debate on the subsistence of the conditions or circumstances which were taken into account for impose the measure and the need, where appropriate, to maintain and resolve the consequence.
Article 162. Hearing of review of precautionary measures
If the review request is not dropped out of hand, the hearing will be held within the next forty-eight hours counted from the submission of the review. the request.
Article 163. Test media for the imposition and review of the measure
The parties may invoke data or offer means of proof to be imposed, confirmed, modified, or revoked, as the case may be, the precautionary measure.
Article 164. Assessment and supervision of precautionary measures
The assessment and supervision of precautionary measures other than preventive detention shall be the responsibility of the supervisory authority for precautionary measures and the suspension of the suspension. conditional on the process that will be governed by the principles of neutrality, objectivity, impartiality and confidentiality.
The information that is collected for the risk assessment cannot be used for the investigation of the crime and cannot be provided to the Public Ministry. The above, except in the case of a crime which is ongoing or imminent, and the personal integrity or life of a person is in danger, the interviewer shall be relieved of the duty of confidentiality and may make it known to the agents in charge of criminal prosecution.
To decide on the need for the imposition or review of the precautionary measures, the supervisory authority for precautionary measures and the conditional suspension of the process will provide the parties with the information necessary to do so, so that they can make the request for the court.
For this purpose, the supervisory authority for precautionary measures and the conditional suspension of the process shall have access to the systems and databases of the System National Information and other public, and will have a database to monitor compliance with precautionary measures other than preventive detention.
The parties may obtain the information available from the competent authority upon request prior to the hearing to discuss the request for a precautionary measure.
The supervision of the remand will be carried out by the prison authority in the terms of the law of the matter.
Article 165. Application of the remand
Only for a crime that deserves a custodial sentence will there be a preventive prison. The remand shall be ordered in accordance with the terms and conditions of this Code.
The remand may not exceed one year, unless its extension is due to the exercise of the right of defence of the accused. If this term has not been served, the defendant will be released immediately while the proceedings are followed, without any further precautionary measures being imposed.
Article 166. Exceptions
In the event that the person concerned is a person over 70 years of age or affected by a serious or terminal illness, the Court may order that the preventive imprisonment is carried out at the address of the person charged or, if necessary, in a medical or geriatric centre, under the precautionary measures that they have taken.
In the same way, you will proceed as provided in the previous paragraph, when it comes to pregnant women, or mothers during breast-feeding.
They shall not enjoy the prerogative provided for in the preceding two paragraphs, who at the discretion of the Control Judge may withdraw from the action of justice or express a conduct that presumes your social risk.
Article 167. Causes of provenance
The Public Ministry will only be able to ask the control judge for the preventive prison or the house shelter when other precautionary measures are not sufficient for to ensure the appearance of the accused in the trial, the development of the investigation, the protection of the victim, the witnesses or the community as well as when the accused is being prosecuted or has been previously sentenced by the commission of a crime, as long as the different cause is not cumulative or related in the terms of this Code.
In the event that the accused is being prosecuted for a crime other than the one in which the preventive prison is requested, it will have to be analyzed if both processes are susceptible to accumulation, in which case the existence of a prior process shall not in itself give rise to the provenance of the preventive prison.
The control judge in the field of his jurisdiction, will order the remand officialously in the cases of organized crime, intentional homicide, rape, kidnapping, trafficking in persons, crimes committed with violent means such as weapons and explosives, as well as serious crimes that determine the law against the security of the nation, the free development of personality and health.
General health, kidnapping, and human trafficking laws will establish the assumptions that warrant official remand.
The law on organized crime will establish the assumptions that warrant an informal remand.
It is considered crimes that warrant an official preventive prison, those provided for in the Federal Criminal Code as follows:
I. Intentional homicide provided for in Articles 302 in relation to 307, 313, 315, 315 Bis, 320 and 323;
II. Genocide, provided for in Article 149 Bis;
III. Violation provided for in Articles 265, 266 and 266 Bis;
IV. Treason to the homeland, provided for in Articles 123, 124, 125 and 126;
V. Espionage, provided for in Articles 127 and 128;
VI. Terrorism, provided for in Articles 139 to 139 Ter and international terrorism provided for in Articles 148 Bis to 148 Quater;
VII. Sabotage, provided for in the first paragraph of Article 140;
VIII. Those provided for in Articles 142, second paragraph and 145;
IX. Corruption of persons under eighteen years of age or persons who are not capable of understanding the meaning of the fact or persons who are not capable of resisting it, as provided for in Article 201; Pornography of persons under eighteen years of age or persons who have no capacity to understand the meaning of the fact or persons who are not capable of resisting it, provided for in Article 202; Sexual tourism against persons under 18 years of age or of persons who have no capacity to understand the meaning of the event or persons who do not have the capacity to resist it, provided for in Articles 203 and 203 Bis; Lenocynium of persons under the age of 18 years or persons who are not capable of understanding the meaning of the fact or persons who do not have capacity to resist it, as provided for in Article 204 and Pederastia, provided for in Article 209 Bis
X. Traffic in minors, provided for in Article 366 Ter;
XI. Against health, provided for in Articles 194, 195, 196 Bis, 196 Ter, 197, first paragraph and 198, first part of the third paragraph.
The judge will not impose the official preventive prison and will replace it with another precautionary measure, only when requested by the Public Ministry for not being proportional. to ensure the appearance of the defendant in the proceedings, the development of the investigation, the protection of the victim and the witnesses or the community. Such application shall have the authorization of the holder of the Office of the Attorney General or the official who is delegated to the Office.
Article 168. Hazard of imputed subtraction
In order to decide whether or not to be guaranteed the appearance of the defendant in the proceedings, the Control Judge shall take into account, in particular, the following circumstances:
I. The root that you have in the place where you should be judged determined by the domicile, habitual residence, family seat and facilities to leave the place or remain hidden. The untruth about the domicile of the defendant constitutes a presumption of risk of absconding;
II. The maximum of the penalty that in his case may be imposed according to the offense in question and the attitude that the accused voluntarily takes to the latter;
III. The behaviour of the person after the event committed during the procedure or in another previous one, in so far as he indicates his willingness to undergo criminal prosecution or not;
IV. The non-compliance with previously imposed precautionary measures, or
V. The contempt of subpoenas for procedural acts and which, under law, would have been done by the investigating or jurisdictional authorities.
Article 169. Danger of hindering the development of research
In order to decide on the danger of hindering the development of the investigation, the control court will take into account the fact that the fact is imputed and the elements provided by the Public Ministry to estimate as likely, to recover their freedom, the imputed:
I. Destroy, modify, hide, or falsify test elements;
II. Influence so that co-defendants, witnesses or experts falsely report or behave in a reticent manner or induce others to conduct such behaviors, or
III. Intimidate, threaten or hinder the work of the public servants involved in the investigation.
Article 170. Risk to the victim or offended, witnesses or community
The protection to be provided to the victim or offended, the witnesses or the community, shall be established on the basis of the assessment made by the Judge in respect of the of the circumstances of the event and of the particular conditions in which such persons are located, of which the existence of a well-founded risk of a measure affecting their personal integrity or putting an action against such persons may arise. at risk your life.
Article 171. Evidence for the imposition, review, replacement, modification or cessation of remand
Parties may invoke data or provide evidence to request the imposition, review, replacement, modification or cessation of remand.
In all cases, this Code will be provided for in the case of admission and proof of evidence.
The means of conviction close to them will only be effective for the resolution of the questions that have been raised.
Article 172. Presentation of the warranty
When deciding on the precautionary measure consisting of an economic guarantee, the Court of Justice will take into consideration the appropriateness of the measure requested by the Public Ministry. In order to resolve this amount, the Court of Justice must take into account the danger of the imputed to judgment, the danger of hindering the development of the investigation and the risk to the victim or offended, for the witnesses or for the community. In addition, it must consider the characteristics of the imputed, its economic capacity, the possibility of compliance with the procedural obligations under its responsibility.
The Control Judge shall make the estimate in such a way as to constitute an effective motive for the defendant to refrain from failing to fulfil his obligations and shall set a deadline. reasonable to display the warranty.
Article 173. Type of warranty
The economic guarantee can be constituted in the following ways:
I. Cash deposit;
II. Authorized Institution Bail;
V. Trust, or
VI. Any other that at the discretion of the Control Judge sufficiently complies with this purpose.
The control court may authorise the replacement of the security imposed on the defendant by another equivalent prior hearing of the Public Ministry, the victim or offended, if is present.
The economic guarantees shall be governed by the general rules provided for in the Federal Civil Code or the Federal Entities, as appropriate and other legislation applicable.
The cash deposit will be equivalent to the amount indicated as an economic guarantee and will be made in the credit institution authorized to do so; however, when If the time is not to be lodged, the control judge shall receive the amount in cash, register her and enter the deposit on the first working day of the authorized credit institution.
Article 174. Failure to comply with the precautionary measures
When the supervisor of the precautionary measure detects a non-compliance with a precautionary measure other than the economic guarantee or preventive prison, it must inform the parties immediately in order to be able to request the review of the precautionary measure in their case.
The Public Ministry, which receives the report of the supervisory authority for precautionary measures and the conditional suspension of the process, must request a hearing for review of the precautionary measure imposed as soon as possible.
In the event that the defendant has been imposed as a precautionary measure an economic guarantee and, exhibited to appear before the judge and fails to comply with the appointment, require the guarantor to submit to the defendant within a period of no more than eight days, the guarantor and the defendant, that if they do not do so or not justify the failure to appear, the guarantee shall be made effective in favour of the Fund for Assistance, Assistance and Integral Repair.
In case the imputed fails with the precautionary measure imposed, other than the preventive prison or economic guarantee, the supervisory authority for precautionary measures and the conditional suspension of the proceedings must inform the Public Ministry so that, where appropriate, it asks the Judge to check the charge.
Article 175. Cancellation of the warranty
The warranty will be canceled and the assets affected by it will be returned, when:
I. The decision that decrees is revoked;
II. The dismissal or the absolute statement is dictated, or
III. The imputed is subject to execution of the penalty or the warranty must not be executed.
MONITORING OF PRECAUTIONARY MEASURES
From the precautionary measure monitoring authority and the conditional suspension of the process
Article 176. Object
Provide the parties with information on the risk assessment represented by the imputed and the follow-up of the precautionary measures and the conditional suspension of the process.
Article 177. Obligations of the supervisory authority for precautionary measures and the conditional suspension of the process
The supervisory authority for precautionary measures and the conditional suspension of the process will have the following obligations:
I. Monitor and follow up on the precautionary measures imposed, other than the preventive detention, and the conditions in charge of the accused in case of conditional suspension of the process, as well as making suggestions on any changes to any modification of the imposed measures or obligations;
II. To periodically interview the victim or witness of the crime, with the object of giving monitoring compliance with the precautionary measure imposed or the conditions of the conditional suspension of the process and to channel them, where appropriate, to the appropriate authority;
III. Conduct interviews as well as unannounced visits at the home or at the site where the imputed is located;
IV. Verify the location of the imputed at your home address or where you are finds, where the modality of the precautionary measure or the conditional suspension of the process imposed by the judicial authority so requires;
V. Require the imputed to provide samples, without warning, to detect the possible use of alcohol or prohibited drugs, or the result of the examination of them where appropriate, where the modality of the conditional suspension of the process imposed by the judicial authority so requires;
VI. Monitor that public and private persons and institutions to which the authority Court orders the care of the accused, comply with the obligations contracted;
VII. Request the imputed information that is required to verify compliance of the measures and obligations imposed;
VIII. Review and suggest changing the conditions of the measures imposed on the accused, or at the request of a party, where the original circumstances that served as the basis for imposing the measure change;
IX. Report to the parties those violations of the measures and obligations imposed they are duly verified and may involve the modification or revocation of the measure or suspension and suggest any amendments it deems appropriate;
X. Keep up to date a database on precautionary measures and obligations imposed, its monitoring and conclusion;
XI. Request and provide information to offices with similar functions of the Federation or Federative Entities within their respective fields of competence;
XII. Run support requests for information that requires you offices with similar functions of the Federation or of the Federative Entities in their respective fields of competence;
XIII. Canalize the accused to social services of assistance, public or private, in matters of health, employment, education, housing and legal support, where the modality of the precautionary measure or the conditional suspension of the process imposed by the judicial authority so requires, and
XIV. Other than set applicable law.
Article 178. Risk of non-compliance with precautionary measure other than preventive detention
On the assumption that the supervisory authority for precautionary measures and the conditional suspension of the process, it warns that there is an imminent risk of escape or affectation to the personal integrity of the interveners, must inform the parties immediately to the effect that in their case they may request the review of the precautionary measure from the control judge.
Article 179. Suspension of the precautionary measure
When the conditional suspension of proceedings is determined, the judicial authority must suspend the precautionary measures imposed, which may continue in the same terms or changes, if the process is resumed, in accordance with the parties ' requests and judicial determination.
Article 180. Continuation of the precautionary measure in case of a recurrently condemned statement
When the sentenced to appeal the sentence, he will continue to follow the precautionary measures imposed until the sentence has been imposed, without prejudice to that may be subject to review in accordance with the rules of this Code.
Article 181. Follow-up of precautionary measures in case of suspension of the process
When the process is suspended by virtue of the judicial authority having determined the subtraction of the action of justice, the precautionary measures will continue in force, other than those resulting from impossible compliance.
In case the process is suspended due to the lack of a procedural requirement, the precautionary measures shall remain in force for the period determined by the authority. which may not exceed forty-eight hours.
If the imputed is declared inimputable, a review hearing of the precautionary measure will be cited, providing, where appropriate, the application of reasonable adjustments requested. by the parties.
Article 182. Monitoring activity log
A record shall be kept, by any reliable means, of the necessary activities to enable the supervisory authority to take precautionary measures and to suspend the conditional on the process to be certain of compliance or non-compliance with the obligations imposed.
OF THE PROCEDURE
ALTERNATE SOLUTIONS AND FORMS OF EARLY TERMINATION
Article 183. General principle
The provisions set out in this Title shall apply in matters subject to the abbreviated procedure.
In all that is not foreseen in this Title, and provided that they do not object to it, the rules of the ordinary process will apply.
For alternate exits and forms of early termination, the competent authority shall have a record to monitor compliance with the agreements. repair, the process of conditional suspension of the process, and the abbreviated procedure, such registration must be consulted by the Public Ministry and the judicial authority before requesting and granting, respectively, some form of solution alternate procedure or early termination of the process.
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Article 184. Alternate solutions
They are forms of alternate solution of the procedure:
I. The repair agreement, and
II. The conditional suspension of the process.
Article 185. Forms of early termination of the process
The abbreviated procedure will be considered a form of early termination of the process.
Article 186. Definition
The restorative agreements are those concluded between the victim or offended and the defendant who, once approved by the Public Ministry or the Judge of Control and in their terms, they have the effect of the extinction of the criminal action.
DOF Reformed Article 29-12-2014
Article 187. Control over repair agreements
Repair agreements will proceed only in the following cases:
I. Offences that are pursued by complaint, by equivalent requirement of an offended party or that admit the victim's or the offended's forgiveness;
DOF Reformed Fraction 29-12-2014
II. Culpous offenses, or
III. Heritage crimes committed without violence on people.
The repair agreements will not proceed in cases where the defendant has previously concluded other agreements for facts that correspond to intentional crimes, except that two years have elapsed since the last restorative agreement has been complied with, or is concerned with crimes of family violence or their equivalents in the Federal Entities.
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Nor shall they be obtained if the imputed has previously failed to fulfil a restorative agreement, unless it has been cleared or has elapsed five years. from such non-compliance.
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Article 188. Provenance
The restorative agreements will proceed from the filing of the complaint or complaint to before the opening of the opening of the trial. In the event that the order for connection to proceedings has been issued and before the opening order has been issued, the Court of Justice may, at the request of the parties, suspend the criminal proceedings for up to 30 days for the parties to the parties may conclude the agreement with the support of the competent authority specialising in the matter.
In case the concertation is interrupted, either party will be able to request the continuation of the process.
DOF Reformed Article 29-12-2014
Article 189. Opportunity
From your first intervention, the Public Ministry or, where appropriate, the Control Judge, may invite the interested parties to sign a restorative agreement in the cases where appropriate, in accordance with the provisions of this Code, the parties shall be required to explain to the parties the effects of the agreement.
The parties may agree to repair agreements for immediate or deferred compliance. In the event that compliance must be deferred and not specific time-limit, the term shall be understood to be for one year. The deadline for compliance with the obligations shall suspend the processing of the proceedings and the limitation of the criminal action.
If the defendant fails to comply with the agreed obligations, the investigation or the process, as appropriate, will continue as if no agreement had been concluded.
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Information generated as a product of the repair agreements may not be used to the detriment of the parties within the criminal proceedings.
The judge will decree the extinction of the action once the full compliance with the obligations agreed upon in a restorative agreement has been approved, making the sentences executed.
Article 190. Processing
The restorative agreements must be approved by the control judge from the stage of complementary investigation and by the Public Ministry at the stage of initial investigation. In the latter case, the parties shall have the right to appeal to the Control Judge within five days of the adoption of the restorative agreement, when they consider that the alternative dispute settlement mechanism is not development in accordance with the provisions laid down in the law of the field. If the Court of Justice determines as valid the claims of the parties, it may declare that the agreement is not concluded and, where appropriate, approve the amendment agreed between the parties.
DOF Reformed Paragraph 29-12-2014
Prior to the approval of the repair agreement, the Control Judge or the Public Ministry will verify that the obligations that are contracted are not known disproportionate and that the interveners were in a position of equality to negotiate and that they have not acted under conditions of intimidation, threat or coercion.
CONDITIONAL SUSPENSION OF PROCESSING
Article 191. Definition
By conditional suspension of the process, the approach formulated by the Public Ministry or by the defendant, which will contain a detailed plan for the process, should be understood. payment of compensation for the damage and the submission of the imputed to one or more of the conditions referred to in this Chapter, which guarantee an effective protection of the rights of the victim or offended and which, if it is satisfied, can give rise to the extinction of the criminal action.
Article 192. Provenance
The conditional suspension of the process, at the request of the defendant or the Public Ministry with agreement of the person, will proceed in the cases where the requirements are met following:
I. That the self-linking process of the imputed has been dictated by a crime whose arithmetic mean of the prison term does not exceed five years, and
II. That there is no founded opposition from the victim or offended.
Except for conditional suspension of the process are cases where the prior imputed has failed a conditional suspension of the process, unless they have Five years after the termination of the decision to the first conditional suspension of the process, at any local or federal jurisdiction.
Article 193. Opportunity
Once the self-linking process is dictated, the conditional suspension of the process may be requested at any time before the opening of the process is agreed upon. judgment, and shall not prevent the exercise of civil action in the courts.
Article 194. Repair plan
In the hearing where the request for conditional suspension of the process is resolved, the defendant must raise a plan to repair the damage caused by the crime and time limits to comply with it.
Article 195. Conditions to be met during the conditional suspension period of the process
The Control Judge shall set the time limit for the conditional suspension of the process, which shall not be less than six months and not more than three years, and shall determine the imposition of the imputed one or more of the conditions to be met, which are, in a more non-limiting form, indicated:
I. Reside in a given place;
II. Frequent or stop frequenting certain places or people;
III. Refrain from using drugs or drugs or abusing alcoholic beverages;
IV. Participate in special programs for the prevention and treatment of addictions;
V. Learn a profession or trade or follow training courses at the place or institution determined by the Control Judge;
VI. Provide social service in favor of the State or public charitable institutions;
VII. Undergo medical or psychological treatment, preferably in public institutions;
VIII. Have a job or job, or acquire, within the time limit that the control judge determines, a trade, art, industry or profession, if it has no means of subsistence;
IX. Submit to the surveillance determined by the Control Judge;
X. Do not possess or bear arms;
XI. Do not drive vehicles;
XII. Refrain from traveling abroad;
XIII. Comply with the duties of a food debtor, or
XIV. Any other condition which, in the judgment of the Control Judge, achieves effective protection of the rights of the victim.
In order to fix the conditions, the Control Judge may provide that the imputed shall be subject to a prior assessment. The Public Ministry, the victim or offended, may propose to the Judge of Control the conditions to which they consider the imputed to be submitted.
The control judge will ask the defendant if he/she is obliged to comply with the conditions imposed and, if necessary, will prevent it from the consequences of his/her failure.
Article 196. Processing
The victim or offended will be summoned to the hearing on the date the Control Judge points out. Failure to appear shall not prevent the Judge from resolving the provenance and terms of the application.
In its resolution, the Control Judge will set the conditions under which the process is suspended or the application is rejected and approve the proposed repair plan, which may be amended by the Court of Justice at the hearing. The sole lack of resources of the imputed cannot be used as sufficient reason to reject the conditional suspension of the process.
Information generated as a product of the repair agreements may not be used to the detriment of the parties within the criminal proceedings.
Article 197. Conservation of research records and test media
In processes suspended in accordance with the provisions laid down in this Chapter, the Public Ministry shall take the necessary measures to prevent the loss, destruction or ineffectiveness of the known records and test media and those requested by the subjects involved in the process.
Item 198. Revoking the conditional suspension of the process
If the imputed will no longer unreasonably comply with the conditions imposed, do not comply with the repair plan, or subsequently be sentenced for sentence executed for criminal or culpable crime, provided that the suspended process relates to a crime of this nature, the control judge, upon request of the agent of the Public Ministry or the victim or offended, will summon the parties to a hearing in which will be discussed on the origin of the revocation of the suspension conditional on the process, with immediate resolution of what is appropriate.
The Control Judge will also be able to extend the deadline for the conditional suspension of the process for up to two more years. This extension of the term may be imposed for one time.
If the victim or offended had received payments during the conditional suspension of the process and is later revoked, the total amount to which they were such payments shall be intended for the payment of the compensation for damages which, if appropriate, corresponds to the victim or offence.
The obligation to comply with the conditions arising from the conditional suspension of the process, as well as the time limit granted for such an effect, will be interrupted while the This private of his freedom from another process. Once the imputed gets their freedom, they will resume.
If the defendant was subjected to another process and enjoys freedom, the obligation to comply with the conditions laid down for the conditional suspension of the process thus As the deadline granted for this purpose, they will continue to apply; however, the extinction of the criminal action cannot be decreed until the resolution that exempts it from responsibility within the other process is signed.
Article 199. Provisional cessation of the effects of conditional suspension of the process
The conditional suspension of the process will interrupt the deadlines for the prescription of the criminal action of the crime in question.
When the conditions established by the Control Judge for the conditional suspension of the process, as well as the repair plan, have been met by the defendant within the time limit laid down for that purpose without the conditional suspension of the proceedings being revoked, the criminal action shall be extinguished, for which the Judge of the Court of Justice shall declare on its own motion or at the request of the party the dismissal.
Article 200. Verifying the existence of a previous agreement
Prior to the commencement of the conditional suspension hearing of the process, the Public Ministry must consult the respective records if the prior imputed was part of some alternative solution mechanism or subscribed to restorative agreements, and the result of the consultation and inform the audience of the same in the research records.
Article 201. Requirements for the provenance and verification of the Judge
To authorize the abbreviated procedure, the Control Judge will verify in hearing the following requirements:
I. That the Public Ministry request the procedure, for which it should be formulated the allegation and expose the evidence data that supports it. The indictment shall contain the statement of the facts attributed to the defendant, his legal classification and degree of intervention, as well as the penalties and the amount of compensation for the damage;
II. May the victim or offended not present opposition. Only the opposition that is founded will be binding on the judge, and
III. The imputed:
a) Reconnability to be properly informed of your right to an oral trial and the scope of the abbreviated procedure;
b) Expresly renounce oral judgment;
c) Consit the application of the abbreviated procedure;
d) Admits your responsibility for the offense you are charged;
e) Accept to be sentenced based on the means of conviction that the Ministry will expose Public when formulating the allegation.
Article 202. Opportunity
The Public Ministry will be able to request the opening of the abbreviated procedure after the order is given to the process and before the car is issued Opening to the oral trial.
The hearing must be given to all parties. The failure of the victim or duly cited offence shall not prevent the control judge from taking a decision on the matter.
When the defendant has not previously been convicted of a criminal offence and the offence for which the abbreviated procedure is carried out is punishable by imprisonment whose arithmetic average does not exceed five years, including their mitigating or aggravating conditions, the Public Ministry may request the reduction of up to one-half of the minimum penalty in the case of criminal offences and up to two-thirds of the minimum penalty in the case of guilty offences, of the prison sentence corresponds to the offense for which he accuses.
In any case, the Public Ministry will be able to request the reduction of up to one third of the minimum in cases of intentional crimes and up to one-half of the minimum in the the case of guilty offences, of the prison sentence. If at the time of this request, there will already be an accusation made in writing, the Public Ministry may modify it orally in the hearing where it is resolved on the abbreviated procedure and in its case request the reduction of the penalties, for the effect of permitting the processing of the case in accordance with the rules laid down in this Chapter.
The Public Ministry when seeking the penalty in the terms provided for in this article, must observe the Agreement that the Attorney General has in effect.
Article 203. Eligibility
At the same hearing, the Control Judge will admit the request of the Public Ministry when he verifies that the means of conviction that corroborate the imputation are present, in terms of section VII, paragraph A of Article 20 of the Constitution. Evidence data that is detached from the records contained in the research folder will be a means of conviction.
If the abbreviated procedure is not accepted by the Control Judge, the oral charge that the Public Ministry has made, the same the amendments which, if any, would have been made to their respective written and shall be continued in accordance with the provisions laid down for the ordinary procedure. In addition, the Control Judge shall order that all records relating to the approach, discussion and resolution of the application for the abbreviated procedure be removed from the register.
If the request for inconsistencies or inconsistencies in the Public Ministry's proposals is not accepted, the Public Ministry may submit the application once again. Corrected defects are remedied.
Article 204. Victim's opposition or offended
The opposition of the victim or offended will only be brought when it is credited to the Control Judge that the repair of the damage is not properly guaranteed.
Article 205. Processing the procedure
Once the Public Ministry has made the request for the abbreviated procedure and exposed the charge with the respective test data, the Control Judge shall resolve the opposition which the victim or offence has expressed, shall observe compliance with the requirements laid down in Article 201 (III), corresponding to the imputed and shall verify that the elements of conviction supporting the Charge are properly integrated into the investigation folder, prior to resolving the abbreviated procedure authority.
Once the Control Judge has authorized to proceed to the abbreviated procedure, he will listen to the Public Ministry, the victim or the offended or his Legal Adviser, be present and then to the defence; in any case, the final statement shall always correspond to the defendant.
Article 206. Statement
Concluded the debate, the control judge will issue its ruling in the same hearing, for which it will have to give reading and public explanation to the judgment, within the Forty-eight hours, explaining in a concise manner the fundamentals and motives that I take into consideration.
It will not be possible to impose a different or more far-reaching penalty than the one requested by the Public Ministry and accepted by the defendant.
The judge must fix the amount of damage repair, for which you must express the reasons for accepting or rejecting the objections that have been raised by the judge. victim or offended.
Article 207. General rules
The existence of multiple co-defendants does not prevent the application of these rules individually.
MONITORING THE CONDITIONS IMPOSED ON THE CONDITIONAL SUSPENSION OF THE PROCESS
Article 208. Rules for the obligations of conditional suspension of the process
For the monitoring of the obligations provided for in Article 195, fractions III, IV, V, VI, VIII and XIII, the public and private institutions designated by the judicial authority, shall inform the supervisory authority of precautionary measures and the conditional suspension of the process on its compliance.
Article 209. Notification of the obligations of the conditional suspension of the process
The hearing and approval of the conditional suspension of the proceedings and the obligations to be fulfilled by the defendant shall be notified to the supervisory authority of the precautionary measures and the conditional suspension of the process, with the aim of starting the monitoring process. For this purpose, you must be provided with the information of the conditions imposed.
Article 210. Notification of non-compliance
When you consider that an unjustified breach has been updated, the supervisory authority for precautionary measures and the conditional suspension of the process will send the report of non-compliance with the parties to request the hearing to revoke the suspension before the competent judge.
If the judge determines the revocation of the conditional suspension of the proceedings, it will conclude the supervision of the supervisory authority for precautionary measures and the suspension of the suspension. conditional processing.
The Public Ministry, which receives the report of the supervisory authority for precautionary measures and the conditional suspension of the process, must request a hearing for request the review of the conditions or obligations imposed as soon as possible.
STAGES OF THE PROCEDURE
Article 211. Stages of the criminal procedure
The criminal procedure comprises the following stages:
I. The research, which comprises the following phases:
a) Initial investigation, which begins with the filing of the complaint, querella or other Equivalent requirement and concludes when the imputed is made available to the Control Judge for imputation, e
b) Complementary investigation, comprising from the formulation of the imputation and once the investigation has been closed;
II. The intermediate or preparation of the trial, which includes from the formulation of the indictment to the opening of the trial, and
III. The judgment, which includes since the opening order is received in judgment until the judgment handed down by the Court of Justice.
The investigation is not interrupted or suspended during the time the initial hearing takes place until its conclusion or on the eve of the execution of the an arrest warrant. The exercise of the action begins with the request for an initial hearing, made available to the detainee before the judicial authority or when the arrest or appearance order is requested, with which the Public Ministry will not lose the the direction of the investigation.
The process will start with the initial hearing, and end with the firm statement.
COMMON PROVISIONS TO RESEARCH
Article 212. Criminal investigation duty
When the Public Ministry becomes aware of the existence of a fact that the law indicates as a crime, it will conduct the criminal investigation, without it being able to suspend, to discontinue or discontinue its course, except in the cases authorised therein.
The investigation should be conducted immediately, efficiently, comprehensively, professionally and impartially, free of stereotypes and discrimination, aimed at exploring all possible lines of inquiry to allow data to be made available for clarification of the fact that the law indicates as a crime, as well as the identification of who committed it or participated in its commission.
Article 213. Object of the investigation
The investigation is aimed at the Public Ministry gathering indications for the clarification of the facts and, where appropriate, the evidence to support the investigation. exercise of the criminal action, the charge against the defendant and the repair of the damage.
Article 214. Principles governing the investigation authorities
The authorities responsible for carrying out the investigation of the crimes will be governed by the principles of legality, objectivity, efficiency, professionalism, honesty, loyalty and respect for human rights recognised in the Constitution and in the Treaties.
Article 215. Obligation to supply information
Any person or public servant is required to provide timely information required by the Public Ministry and the Police in the exercise of their duties. investigation of a particular criminal act. If they are summoned to be interviewed by the Public Ministry or the Police, they have an obligation to appear and can only be excused in the cases expressly provided for in the law. In the event of non-compliance, liability shall be incurred and shall be sanctioned in accordance with applicable laws.
Article 216. Proposition of acts of inquiry
During the investigation, both the defendant when he has appeared or has been interviewed, as well as the victim or offended, may request the Ministry Public all those acts of investigation that they consider relevant and useful for the clarification of the facts. The Public Ministry will order those who are conducting to be carried out. The request shall be resolved within a maximum of three days following the date on which the request was made to the Public Ministry.
Article 217. Recording of the investigative acts
The Public Ministry and the Police will have to keep records of all the actions taken during the investigation of the crimes, using the effect of any means to ensure that the information collected is complete, complete and accurate, as well as the access to it by the subjects who, according to the law, have the right to demand it.
Each investigative act will be recorded separately, and will be signed by those who have intervened. If they don't want to sign, they will print their fingerprint. In case this is not possible or the person refuses to print his or her imprint, the reason will be stated.
The record of each performance must contain at least the indication of the date, time and place in which it was made, identification of the public servants and other persons who have intervened and a brief description of the performance and, where appropriate, of their results.
Article 218. Reserve of the investigative acts
In the initial investigation, the records of this, as well as all documents, regardless of their content or nature, the objects, the voice and images or things that are related to you, are strictly reserved. The defendant and his/her Ombudsman may have access to them when he is detained, or is summoned to appear as an accused, and is intended to receive their interview. From this moment on, the records will no longer be able to be kept in reserve so as not to affect the right of defense of the accused.
In no case will the reservation of the records be enforced once the order of connection to the process has been dictated, except as provided for in this Code or in the laws special.
Article 219. Access to the records and the initial hearing
Once summoned to the initial hearing, the defendant and his/her Ombudsman have the right to consult the records of the investigation and to obtain a copy, with the opportunity proper to prepare the defense. In case the Public Ministry refuses to allow access to the records or to obtain the copies, they will be able to go before the Control Judge to resolve the behavior.
Article 220. Exceptions for access to information
The Public Ministry may request exceptionally from the Control Judge that certain information be kept under reserve even after the process is linked, where necessary to prevent the destruction, alteration or concealment of evidence, intimidation, threat or influence of witnesses to the event, to ensure the success of the investigation, or to ensure the protection of persons or property legal.
If the control judge considers the request to be appropriate, it will resolve the request and determine the time limit of the reservation, provided that the information requested is reserved. In a timely manner not to affect the right of defence. The reservation may be extended where it is strictly necessary, but may not be extended until after the indictment has been formulated.
Article 221. Forms of startup
The investigation of facts that are characteristic of a crime can be initiated by complaint, by complaint or by its equivalent when the law requires it. The Public Ministry and the Police are obliged to proceed without further requirements to the investigation of the facts of the news.
Dealing with crimes that should be pursued ex officio, it will be enough for the initiation of the investigation to the communication that any person, in which he is made of the knowledge of the investigating authority facts that may constitute a crime.
Dealing with anonymous information, the Police will verify the accuracy of the data provided through the investigative acts that they consider to be conducive to this effect. If the information is confirmed, the relevant investigation will be initiated.
When the Public Ministry is aware of the probable commission of a criminal act whose persecution depends on a complaint or any other equivalent requirement he or she must formulate any authority, communicate it in writing and immediately to the latter, in order to resolve what is appropriate to its powers or responsibilities. The authorities shall inform the Public Ministry in writing of their determination.
The Public Ministry will be able to apply the opportunity criterion in the cases provided for by the applicable legal provisions or not to initiate investigation when it results clearly there is no crime to pursue. The decisions of the Public Ministry will be impugable in terms of this Code.
Article 222. Duty to report
Everyone who is told that a fact has been committed is probably a crime is obliged to report it to the Public Ministry and in case of urgency before any police officer.
Who in the exercise of public functions is aware of the probable existence of a fact that the law indicates as a crime, is obliged to report it immediately to the Public Ministry, providing all the data it has, making available to the accused, if they have been arrested in flagrant. Whoever has the legal duty to report and does not do so will be the creditor of the corresponding sanctions.
They will not be obliged to denounce those who at the time of the commission of the crime have the character of guardian, curator, pupil, spouse, concubine or concubinaire, of the imputed, the relatives by consanguinity or by affinity in the ascending or descending straight line up to the fourth grade and in the collateral by consanguinity or affinity, to the second degree inclusive.
Article 223. Form and content of the complaint
The complaint may be made by any means and shall contain, except for cases of anonymous denunciation or reservation of identity, the identification of the complainant, his/her domicile, the circumstantial narration of the fact, the indication of who or who would have committed it and of the persons who have witnessed it or who have news of it and everything that I will tell the complainant.
In the event that the complaint is made orally, a registration will be lifted in the presence of the complainant, who will sign it together, after reading it. with the public server that receives it. The written complaint shall be signed by the complainant.
In both cases, if the complainant is unable to sign, stamp his or her fingerprint, after reading it.
Article 224. Processing of the complaint
When the complaint is filed directly with the Public Ministry, the Public Ministry will initiate the investigation in accordance with the rules provided for in this Code.
When the complaint is filed with the Police, it will inform the Public Ministry immediately and by any means, without prejudice to the to carry out the urgent measures that are required to be taken into account in the form after the Public Ministry.
Article 225. Querella or other equivalent requirement
The complaint is the expression of the will of the victim or offended or of those who are legally empowered to do so, by which he expressly states before the Ministerio Público (Public Ministry) seeks to initiate the investigation of one or more facts that the law indicates as crimes and that require this requirement of procedure to be investigated and, where appropriate, the corresponding criminal action is exercised.
The complaint must contain, as appropriate, the same requirements as those provided for in the complaint. The Public Ministry must ensure that they are duly satisfied, if necessary, in the terms provided for in this Code. In the case of equivalent procedural requirements, the Public Ministry shall carry out the same verification.
Article 226. Kerella of persons under age or who have no capacity to understand the meaning of the event
Dealing with persons under the age of eighteen, or persons who do not have the capacity to understand the meaning of the event, the complaint may be filed by who exercise the right of custody or the protection of their legal representatives, without prejudice to their being able to do so by themselves, by their brothers or by a third party, in the case of crimes committed against them by those who exercise their rights, guardianship or its own representatives.
Article 227. Chain of custody
The chain of custody is the control and registration system that applies to the indicia, evidence, object, instrument or product of the criminal act, from its location, discovery or contribution, at the place of the facts or the finding, until the competent authority orders its conclusion.
In order to corroborate the material evidence and the physical evidence, the chain of custody shall be applied taking into account the following factors: identity, original status, conditions of collection, preservation, packing and transfer; places and dates of permanence and changes that have taken place in each custody; likewise, the name and identification of all persons who have been state in contact with those elements.
Article 228. Chain of Custody Officers
The enforcement of the chain of custody is the responsibility of those who, in compliance with the functions of their order or activity, in the terms of the law, have contact with the indicia, vestiges, evidence, objects, instruments or products of the criminal act.
When during the chain of custody procedure the indicia, traces or vestiges of the criminal act, as well as the instruments, objects or products of the crime They shall not lose their evidentiary value unless the competent authority verifies that they have been modified in such a way that they have lost their effectiveness in proving the fact or circumstance concerned. The indicia, traces or traces of the criminal act, as well as the instruments, objects or products of the offence shall be linked to other evidence for this purpose. The above, regardless of the responsibility of the public servants for the failure to comply with this procedure.
Article 229. Insurance of property, instruments, objects or proceeds of crime
The instruments, objects or products of the crime, as well as the goods in which there are traces or may be related to it, provided they are directly related to the place of the facts or the finding, shall be insured during the development of the investigation, so that they do not alter, destroy or disappear. For such purposes, specific controls shall be established for their protection, which shall cover at least the nature of the good and the danger of its preservation.
Article 230. Rules on securing goods
The asset assurance will be performed according to the following:
I. The Public Ministry, or the Police in support of it, must draw up an inventory of each and every property that is intended to be secured, signed by the person or the person with whom the act of investigation is being used. In the absence or refusal of the act, the relationship shall be signed by two in-person witnesses who are preferably not members of the Police, and when this happens, that they have not been materially involved in the execution of the act;
II. The Police shall take the necessary arrangements for the proper preservation of the place of the facts or of the finding and of the indicia, traces, or vestiges of the criminal act, as well as of the instruments, objects or products of the crime secured, and
III. The insured assets and the corresponding inventory shall be made available to the competent authority as soon as possible, in accordance with the applicable provisions.
Article 231. Notification of insurance and abandonment
The Public Ministry must notify the person or his legal representative about the securing of the object, instrument or product of the crime, within sixty days. natural following their execution, by delivering or making available to them, as the case may be, a copy of the insurance record, so that it manifests what is at its right.
When the identity or address of the person concerned is unknown, the notification shall be made by two edicts which shall be published in the Official Journal of the Federation or its equivalent, means of official dissemination in the Federative Entity and in a national or state circulation newspaper, as appropriate, with an interval of ten working days between each publication. The notification shall inform the person concerned or his/her legal representative to refrain from exercising control over the insured property and shall be given a warning not to express what is appropriate within a period of 90 days. natural following the notification, the goods will cause abandonment in favor of the Attorney General's Office or the Federative Entities, as appropriate.
After that period without any person having presented themselves to deduct rights on the insured goods, the Public Ministry will ask the Control Judge to declare the abandonment of the goods and shall cite the person concerned, the victim or the offence and the Public Ministry for a hearing within 10 days of the request referred to in the preceding paragraph.
The hearing summons will be performed as follows:
I. To the Public Ministry, in accordance with the general rules established in this Code;
II. To the victim or offended, in a personal manner and when his or her home is unknown or Identity, by Strings and Judicial Bulletin, and
III. The person concerned personally and when his or her address or identity is unknown, compliance with the notification rules provided for in this Code.
The Control Judge, in resolving the abandonment, will verify that the notification made to the interested party has complied with the formalities provided for in this Code; the corresponding period has elapsed and no person has been brought before the Public Ministry to deduct rights to the insured property or that the insured property has not been recognised or that the legal requirements have not been met.
The declaration of abandonment shall be notified, where appropriate, to the competent authority which has the goods under its administration for the purpose of the Procuratorate, prior to disposal and liquidation provided for in the applicable legislation.
Article 232. Custody and disposal of insured assets
When the goods that are secured have been previously shipped, intervened, sequestered or insured, the new insurance will be notified to the authorities that have ordered such acts. The goods shall continue in the custody of those designated for that purpose, and at the disposal of the judicial authority or the Public Ministry for the purposes of criminal proceedings. If the seizure, intervention, abduction or previous assurance is lifted, the person who has them in their custody shall deliver them to the competent authority for the purposes of his administration.
The insured property shall not be exercised by its owners, depositaries, financial controllers or administrators for the duration of the insurance in criminal proceedings, except for cases expressly indicated by the applicable provisions.
The assurance does not imply any modification to the previously existing domain charges or limitations on the goods.
Article 233. Record of insured assets
It shall be recorded in the relevant public records, in accordance with the applicable provisions:
I. The insurance of real estate, real rights, aircraft, boats, undertakings, negotiations, establishments, shares, social parties, securities and any other goods or rights which are subject to registration or constancy, and
II. The appointment of the depositary, financial controller or administrator of the assets to which refers to the previous fraction.
Registration or cancellation will be made without further requirement than the trade that the judicial authority or the Public Ministry may issue for this purpose.
Article 234. Fruits of the insured goods
To the fruits or yields of the goods during the time of insurance, they will be given the same treatment as the insured goods that generate them.
Neither the securing of goods nor their conversion to numerary imply that they enter the public purse.
Article 235. Securing narcotics and products related to intellectual property and copyright crimes
When narcotics are provided for in any provision, products related to intellectual property and copyright or property involving a high cost or danger for its conservation, if this measure is appropriate, the Public Ministry will order its destruction, prior to authorization or intervention of the authorities concerned, and must have previously photographed or videoed them, thus how to draw up a record of the nature, weight, quantity or volume and other characteristics of these, and samples must be collected for the purposes of the investigation records to be initiated.
Article 236. Large objects
Large objects, such as ships, aircraft, motor vehicles, machines, cranes and other similar, after being examined by experts to gather evidence that are found in them, may be videotaped or photographed in their entirety and the sites where traces, traces, narcotics, weapons, explosives or the like that may be the object or the proceeds of crime were found.
Article 237. Securing large objects
The objects mentioned in the preceding article, after they are examined, photographed, or videotaped may be returned, with or without reservation, to the owner, the holder or the legitimate holder as the case may be, after demonstrating the quality invoked, provided that they have not been effective means for the commission of the offence.
Article 238. Flora and fauna assurance
The species of ecological reserve flora and fauna that will be secured, will be provided with the necessary care and deposited in zoos, nurseries or institutions analogous, considering the opinion of the competent dependency or institution of higher education or scientific research.
Article 239. Requirements for vehicle insurance
Dealing with crimes caused by the transit of vehicles, they will be delivered in deposit to those who legitimize themselves as their owner or holder.
Prior to the delivery of the vehicle, the Public Ministry must verify:
I. The vehicle does not have theft report;
II. That the vehicle is not related to another criminal act;
III. That the other party has been given the opportunity to apply and practice the expertise required, and
IV. There is no established opposition for the return by third parties, or the insurer.
Article 240. Vehicle insurance
In case of any of the above cases, the Public Ministry may order the insurance and protection of the vehicle until the time of the investigation. facts, subject to judicial approval in terms of the provisions of this Code.
Article 241. Securing firearms or explosives
When firearms or explosives are secured, they will be made aware of the Secretariat of National Defense, as well as other authorities that establish the applicable legal provisions.
Article 242. Securing goods or rights related to financial operations
The Public Ministry or at the request of the Police will be able to order the suspension, or the insurance of accounts, titles of credit and in general any good or right relating to transactions which the financial institutions established in the country hold with their clients and shall give immediate notice to the authority responsible for the administration of the insured assets and to the competent authorities, who shall take the measures necessary to prevent the respective holders from carrying out any act contrary to assurance.
Article 243. Effects of insurance on lawful activities
Assurance will not be cause for the closure or suspension of activities of companies, negotiations or establishments with lawful activities.
Article 244. Uninsurable things
Communications and any information that is generated or exchanged between the person and persons who are not required to declare shall not be subject to assurance. as witnesses by reason of kinship, professional secrecy or any other established in law. In any case, they shall be inadmissible as a source of information or evidence.
There will be no place for these exceptions when there are indications that the persons mentioned in this article, other than the one charged, are involved as authors or share in the punishable act or there are reasonable indications that they are illegally covering it up.
Article 245. Sources of origin for the return of insured goods
The return of secured assets proceeds in the following cases:
I. When the Public Ministry resolves the non-exercise of criminal action, the application of an opportunity criterion, reservation or temporary file, refrain from charging, or lift insurance in accordance with applicable provisions, or
II. When the judicial authority lifts the insurance or does not decree the confiscation, compliance with the applicable provisions.
Article 246. Delivering goods
The authorities must return the person who accredits or demonstrates rights to the goods that are not subject to forfeiture, insurance, restitution or embargo, immediately after conducting the conducting proceedings. In any event, evidence shall be provided by means of photographs or other means which are suitable for these goods.
This return may be ordered in provisional deposit and the holder may be required to display them when required.
Within thirty days of the notification of the return agreement, the judicial authority or the Public Ministry shall notify the person concerned or the legal representative, so that within ten days of such notification it will be presented to them, under the warning that if they do not do so, the goods will cause abandonment in favor of the Attorney General's Office or the Federative Entities, according to corresponds and shall be carried out in the terms provided for in this Code.
When the insurance of the goods has been recorded in the public records, the authority that has ordered its return will order its cancellation.
Article 247. Return of secured assets
The return of the insured assets will include the delivery of the fruits that, if any, have been generated.
The number return will include the delivery of the principal and, where applicable, of its returns during the time it has been administered, at the rate covering the Treasury of the Federation or the corresponding instance in the Federative Entities for the deposits to the view it receives.
The authority that has administered companies, negotiations or establishments, by returning them to the accounts of the administration that has made the person who is entitled to it, and will give you the documents, objects, numerary and, in general, anything that has been understood by the administration.
Prior to the receipt of the goods by the person concerned, the interested party will be given an opportunity to review and inspect the conditions in which they are located, effect of verifying the corresponding inventory.
Article 248. Goods which have been disposed of or which are unable to be returned
Where the return of goods which have been disposed of or which is impossible to return shall be determined by the competent authority, the person shall be covered by the that has the right to return the value of the same, in accordance with applicable law.
Article 249. Assurance by equivalent value
In case the product, instruments or objects of the criminal act have disappeared or are not located for cause attributable to the imputed, the Public Ministry it shall issue or request to the relevant court the precautionary embargo, the insurance and, where appropriate, the confiscation of property owned by the or the imputed, as well as those for which they are owned, whose value is equivalent to that product, without prejudice to the provisions applicable in domain extinction matter.
Article 250. Forfeiture
The judicial authority by judgment in the corresponding criminal proceedings may decree the confiscation of property, with the exception of those that have caused it to be abandoned in the terms of this Code or for those on which the declaration of domain extinction has been resolved.
The number of seized and the resources to be obtained by the disposal of the seized goods, once the reparation is satisfied to the victim, will be delivered in parties equal to the Judicial Branch, the Attorney General's Office, the Health Secretariat and the Fund provided for in the General Victims Law.
Article 251. Actions in the investigation that do not require prior authorization from the Control Judge
The following investigative acts are not required by the Control Judge:
I. Inspection of the place of the event or finding;
II. Inspection of place other than facts or findings;
III. The inspection of people;
IV. Body review;
V. The inspection of vehicles;
VI. The lifting and identification of dead bodies;
VII. The contribution of communications between individuals;
VIII. Recognition of people;
IX. The supervised delivery and covert operations, in the framework of an investigation and in terms that establish the protocols issued for that purpose by the Prosecutor;
X. The interview with witnesses, and
XI. The other in which the judicial review is not expressly provided for.
In cases of fraction IX, such actions must be authorized by the Procurator or by the public servant in whom the latter delegate the authority.
For the purposes of the X fraction of this article, when a witness refuses to be interviewed, he will be summoned by the Public Ministry or, if necessary, by the Judge in the terms provided for in this Code.
Article 252. Investigative acts requiring prior authorization from the Control Judge
With the exception of the investigative acts provided for in the previous article, all acts of investigation require prior authorisation from the Court of Justice. involve affectation to rights established in the Constitution, as well as the following:
I. The exhumation of corpses;
II. The search orders;
III. The intervention of private communications and correspondence;
IV. The taking of samples of body fluid, hair or hair, blood extractions, or other analogues, when the required person, except the victim or offended, refuses to provide the same;
V. The physical examination or recognition of a person when the person refuses to be examined, and
VI. The others that point to the applicable laws.
WAYS TO TERMINATE RESEARCH
Article 253. Ability to abstain from research
The Public Prosecutor's Office may refrain from investigating, when the facts reported in the complaint, complaint or equivalent act, do not constitute a crime or when the background and data provided to establish that the criminal action or the criminal liability of the accused is extinguished. This decision will always be founded and motivated.
Article 254. Temporary file
The Public Ministry will be able to temporarily archive those initial phase investigations where there is no background, sufficient data or elements of the the establishment of lines of inquiry to enable the investigation to be carried out in order to clarify the facts which gave rise to the investigation. The file will remain as long as data are obtained that will allow it to be continued in order to exercise the criminal action.
Article 255. Non-exercise of the action
Before the initial hearing, the Public Ministry will be able to decree the non-exercise of the criminal action when the background of the case allows it to conclude that in the Specific case updates some of the causality causes provided for in this Code.
Article 256. Cases in which the opportunity criteria operate
Initiated the investigation and previewed objective analysis of the data contained therein, according to the normative provisions of each Attorney General, the Ministry The public shall weigh the exercise of criminal action on the basis of criteria of opportunity, provided that, where appropriate, damage to the victim or offence has been repaired or guaranteed or is manifest in the absence of a legal interest in that action. repair of which must be put on record.
The application of the opportunity criteria will be derived in any of the following scenarios:
I. It is a crime that does not have a custodial sentence, has an alternative penalty or has a custodial sentence whose maximum punishment is five years in prison, provided that the offence has not been committed with violence;
II. It is a crime of patrimonial content committed without violence on persons or crimes, provided that the accused has not acted in a state of drunkenness, under the influence of narcotics or any other substance that produces similar effects;
III. Where the person concerned has suffered as a direct consequence of the criminal act a serious physical or psycho-emotional damage, or where the person has contracted a terminal illness which is notoriously unnecessary or disproportionate to the application of a penalty;
IV. The penalty or measure of security that could be imposed by the criminal act is of importance in regard to the penalty or measure of security already imposed on the defendant for another offence, or the one that could be applied to it for other offences or, for the penalty that has previously been imposed on you or could be imposed on you by virtue of a different process dealt with in another jurisdiction;
V. When the defendant provides essential information for the prosecution of a more serious crime than is charged, the information that he provides leads to the arrest of a different defendant and is committed to appear on trial. In these cases, the effects of the opportunity criterion will be suspended until as long as the imputed benefit appears to render his or her statement at the hearing;
VI. When the affectation to the tutored legal good is not significant, and
VII. When the continuity of the process or the application of the penalty is irrelevant to the preventive purposes of the criminal policy.
The opportunity criterion in cases of crimes against the free development of personality, family violence, or crime cases cannot be applied. tax or those that seriously affect the public interest.
The Public Ministry will apply the opportunity criteria on the basis of objective and non-discriminatory reasons, assessing the special circumstances in each case, compliance with the provisions of this Code as well as the general criteria which the Procurator or equivalent may issue.
The application of the opportunity criteria may be ordered at any time and before the opening order is issued.
The application of the opportunity criteria must be authorized by the Procurator or by the public servant in whom this faculty is delegated, in terms of the applicable normativity.
Article 257. Effects of the opportunity criterion
The application of the criteria of opportunity will extinguish the criminal action with respect to the author or participate in whose benefit the application of this criterion has been arranged. If the decision of the Public Ministry is based on one of the procedural assumptions set out in the first and second subparagraphs of the previous Article, its effects shall be extended to all imputed persons who meet the same conditions.
However, in the case of section IV of the previous article, the exercise of criminal action shall be suspended in relation to the facts or persons in whose favour it is applied the criterion of opportunity, up to fifteen calendar days after the judicial declaration of criminal extinction is signed, at which time the Judge of Control, at the request of the agent of the Public Ministry, will have to resolve definitively on the cessation of such persecution.
In the case referred to in section IV of the previous article, the time limit for the prescription of the criminal action shall be suspended.
Article 258. Notifications and judicial control
The decisions of the Public Ministry on the abstention to investigate, the temporary file, the application of a criterion of opportunity and the non-exercise of the action Criminal proceedings must be notified to the victim or offended persons who may challenge them before the Control Judge within 10 days after they are notified of the decision. In such cases, the Court of Justice shall convene a hearing to decide definitively, by citing the effect of the victim or offence, the Public Ministry and, where appropriate, the defendant and his/her Ombudsman. If the victim, the offence or his/her legal representatives do not appear to the hearing despite having been duly summoned, the control judge will declare the impeachment without matter.
The resolution that the Control Judge dictates in these cases will not admit any recourse.
OF TEST DATA, TEST MEDIA, AND TEST
Article 259. Generalities
Any fact can be proven by any means, as long as it is lawful.
Tests will be valued by the jurisdictional Authority in a free and logical manner.
The background of the investigation sought prior to the trial lacks probative value to found the final judgment, except for the express exceptions. provided for in this Code and in the applicable legislation.
For the purposes of the dictation of the final judgment, only those tests that have been drowned in the hearing, except for the exceptions, will be assessed. provided in this Code.
Article 260. Research background
The research antecedent is any record embedded in the research folder that serves as a livelihood for providing test data.
Article 261. Test data, test media, and tests
The evidence is the reference to the content of a given means of conviction not yet drowned before the Court, which is advised to be appropriate and relevant. to reasonably establish the existence of a criminal act and the likely involvement of the accused.
The means or test elements are all sources of information that allows to reconstruct the facts, respecting the procedural formalities foreseen for each of the them.
It is called proof to all knowledge certain or probable about a fact, that entering the process as a means of testing in an audience and being drowned under the principles of Inmediation and contradiction, it serves the Tribunal as an element of judgment in order to reach a certain conclusion on the facts of the accusation.
Article 262. Right to offer test media
The parties shall have the right to provide evidence to support their approaches to the terms provided for in this Code.
Article 263. Probative lawfulness
The data and the evidence must be obtained, produced and lawfully reproduced and must be admitted and drowned in the process in the terms established by the Code.
Article 264. Nullity of the test
Any data or evidence obtained with violation of fundamental rights is considered to be unlawful, which will be grounds for exclusion or nullity.
The parties shall assert the nullity of the test medium at any stage of the process and the judge or tribunal shall decide on this.
Article 265. Assessing data and testing
The court will freely and logically assign the value for each of the data and evidence, and must properly justify the value of the given to the evidence and shall explain and justify its assessment on the basis of the joint, comprehensive and harmonious assessment of all evidence.
GENERAL PROVISIONS ABOUT NUISANCE ACTS
Article 266. Acts of annoyance
Any act of nuisance must be carried out with respect to the dignity of the person concerned. Before the procedure is carried out, the authority must inform you about the rights that you are attending and request your cooperation. A forced registration shall be made only if the person is not willing to cooperate or is resisting. If the person subject to the procedure does not speak Spanish, the authority shall take reasonable steps to provide the person with information about their rights and to request their cooperation.
Article 267. Inspection
The inspection is an act of investigation into the state that holds places, objects, instruments or products of the crime.
It will be matter of inspection all that can be directly appreciated by the senses. If deemed necessary, the Police will be assisted by experts.
An inspection may be carried out by persons who are present at the site of the inspection who may provide some useful information for the inspection. clarification of the facts. Any inspection shall be recorded in a register.
Article 268. Person Inspection
In the investigation of the crimes, the police will be able to carry out the inspection on a person and his possessions in case of a flagrant, or when there are indications that he is hiding between their clothes or that carries with their body instruments, objects or products related to the fact considered as a crime under investigation. The review will consist of an external exploration of the person and their possessions. Any inspection involving an exposure of intimate body parts will require judicial authorization. Prior to any inspection, the Police shall inform the person of the reason for such review, respecting at all times their dignity.
Article 269. Body Review
During the investigation, the Police or, as the case may be, the Public Ministry, may ask any person for the voluntary contribution of samples of body fluid, hair or hair, body examinations of a biological nature, extractions of blood or other analogues, as well as being allowed to obtain internal or external images of some part of the body, provided it does not involve risks to the health and dignity of the person.
The person must be informed in advance of the reason for the contribution and the right to refuse to provide such samples. In cases of crimes involving violence against women, in the terms of the General Law on the Access of Women to a Life Free of Violence, the body inspection must be carried out in full compliance with the consent. informed of the victim and with respect for their rights.
The samples or images must be obtained by specialized personnel, same as in any case must be of the same sex, or of the sex that the person chooses, with strict In accordance with the protocols that the Attorney General's Office will issue, adherence to respect for dignity and human rights. The samples or images obtained will be analyzed and dictated by the experts in the field.
Article 270. Sampling when the required person refuses to provide them
If the person who has been asked to voluntarily contribute the samples referred to in the previous article will refuse to do so, the Public Ministry will or at the request of the Police, may request the Court, by any means, to immediately authorise the practice of such an act of investigation, justifying the need for the measure and by expressing the person or persons in whom the to be practiced, the type and extent of the sample or image to be obtained. If the requested authorisation is granted, the court must have the right to the Public Ministry so that, in the event that the person to be inspected is no longer before him, he orders his location and appearance for the purpose of verifying the corresponding act.
The Court of Justice in resolving the application of the Public Ministry, must take into consideration the principle of proportionality and motivate the need the application of that measure, in the sense that there is no other less burdensome for the person to be examined or for the person to be charged, which is equally effective and suitable for the purpose pursued, justifying the same in respect of the severity of the fact being investigated.
A person of trust may be present in the sample taking of the examination or the Advocate in case of the imputed, who will be warned prior to that right. In the case of minors, it will be present who exercises the parental authority, the guardianship or the curatelle of the subject. In the absence of any of these, the Public Ministry must be present as a social representative.
In the case of unimpeachable persons with disabilities, they will provide the necessary support to enable them to make the corresponding decision.
Where there is a danger of fading from the test, the application shall be made by any means expeditious and the court or tribunal shall immediately authorise the practice of the act of investigation, provided that the conditions set out in this Article are met.
Article 271. Lifting and identifying dead bodies
In cases where death is presumed due to non-natural causes, in addition to other due diligence, it will be practiced:
I. The inspection of the body, the location of the body and the place of the facts;
II. The lifting of the corpse;
III. The transfer of the corpse;
IV. The corresponding description and expertise, or
V. The exhumation in the terms provided for in this Code and other applicable provisions.
When the investigation does not result in data related to the existence of a crime, the Public Ministry may authorize the waiver of the necropsy.
If the body has been inhumed, it shall be exhumed in the terms provided for in this Code and other applicable provisions. In any case, the inspection or the corresponding necropsy shall be carried out immediately, but the carcass may not be incinerated.
When the identity of the body is unknown, the appropriate expertise will be carried out to identify the body. Once identified, it will be given to the relatives or to those who invoke sufficient title or reason, after authorization from the Public Ministry, as soon as the necropsy has been practiced or, if necessary, dispensed.
Article 272. Expertise
During the investigation, the Public Ministry or the Police with knowledge of this, will be able to have the practice of the expertise that is necessary for the investigation the fact. The written opinion does not exempt the expert from the duty to appear at the hearing.
Article 273. Access to the indicia
Experts who draw up the opinions will have access to the indications on which they will deal with them at all times, or to which they will be referred to in the interrogation.
Article 274. Unyielding expertise
When a survey is performed on objects that are consumed when analyzed, the first analysis will not be allowed to be verified but on the quantity strictly necessary for this, unless their existence is scarce and the experts cannot issue their opinion without consuming it completely. This latter case or any other such as to prevent a separate assessment from being carried out after a subsequent examination must be notified by the Public Prosecutor's Office to the Ombudsman, if he has already been appointed or to the public defender, the experts of both sides, if necessary, and jointly practice the examination, or so that the expert of the defense will see to the realization of expertise.
The expert must be admitted as a means of proof, however the expert appointed by the Ombudsman does not appear to be able to make the assessment, or this omit to designate one for that purpose.
Article 275. Special expertise
When different expert opinions are to be carried out on sexually assaulted persons or when the nature of the criminal act warrants it, a team must be integrated interdisciplinary with professionals trained in the care of victims, in order to concentrate on the same session the interviews that it requires, for the elaboration of the respective opinion.
Article 276. Contribution of communications between individuals
Communications between individuals may be provided voluntarily to the investigation or criminal proceedings, when they have been obtained directly by any of the participants in the same.
The communications provided by private individuals must be closely linked to the crime under investigation, so in no case will the judge admit communications that violate the duty of confidentiality with respect to the subjects referred to in this Code, nor shall the authority provide the support referred to in the preceding paragraph where such duty is violated.
The duty of confidentiality is not violated when you have the express consent of the person with whom the duty is stored.
Article 277. Procedure to recognize people
Recognition of people should be practiced with the greatest possible reservation.
The recognition will proceed without the consent of the accused, but always in the presence of his/her Defender. located in a place from which it is not seen by people who are likely to be recognized. The necessary forecasts shall be taken to ensure that the imputed does not alter or hide its appearance.
The recognition must present the person in conjunction with other persons with similar physical characteristics unless the conditions of the investigation are not allow, which shall be settled in the relevant record of the due diligence. In all recognition procedures, the act shall be carried out by a ministerial authority other than that which directs the investigation. The practice of identification rows must be performed sequentially.
Dealing with underage persons or dealing with victims or offended by kidnapping crimes, trafficking in persons or rape who are required to participate in the Recognition of persons, the Public Ministry will have special measures for their participation, in order to safeguard their identity and emotional integrity. In the practice of such acts, the Public Ministry shall, where appropriate, count on the assistance of experts and the assistance of the representative of the minor.
All identification procedures must be recorded and must be entered in the register in the name of the authority which was in charge of the eye witness. persons who participated in the identification row and, where appropriate, the Ombudsman.
Article 278. Plurality of acknowledgements
When multiple people need to recognize a single person, each recognition will be practiced separately without them communicating with each other. If a person has to recognise several, the recognition of all may be carried out in a single act, provided it does not prejudice the investigation or defence.
Article 279. Photo ID
When it is necessary to recognize a person who is not present, his or her legally obtained photograph may be displayed to the person who must perform the recognition together with the other persons with similar characteristics, while observing the rules for the recognition of persons, with the exception of the presence of the Ombudsman. Record of the displayed photographs must be kept.
In no case should the witness be shown photographs, computerized or handmade portraits, or electronic facial identification images if the identity of the imputed is known to the Police and is available to participate in a video identification, identification row or photo ID.
Article 280. Object recognition
Before the recognition of an object, whoever performs the due diligence must proceed to its description. The object or register of the object shall be presented to carry out the recognition.
Article 281. Other acknowledgements
When voices, sounds and how much the sensory perception can be recognised, the provisions laid down for the procedure shall be observed as applicable. recognition of people.
Article 282. Search Order Request
When in the investigation the Public Ministry deems necessary the practice of a search, because the place to be inspected is an address or a private property, request by any means the judicial authorization to practice the relevant investigation. The application, which shall have a register, shall express the place to be inspected, the person or persons to be apprehended and the objects sought, pointing out the reasons and indications underlying the need for the order, as well as the public servants who may practice or intervene in such an act of investigation.
If the place to be inspected is of public access and is part of the particular address, the latter shall not be subject to a search, unless it has been ordered.
Article 283. Resolution ordering the search
The court order ordering the search must contain at least:
I. The name and title of the control judge authorizing it and the identification of the process in which it is ordered;
II. The concrete determination of the place or places to be searched and what is expected to be found in these;
III. The reason for the search, indicating or expressing the signs of the possibility of finding in the place the person or persons to be apprehended or the objects being sought;
IV. The day and time when the search is to be performed or the determination not to be executed within three days of its authorization, shall be without effect when the exact date of completion is not specified, and
V. The public servants authorized to practice and intervene in the search.
The request for a search warrant must be resolved by the judicial authority immediately by any means guaranteeing its authenticity, or in a private hearing with the only appearance of the Public Ministry, within a period not exceeding six hours after it has been received.
If the resolution is issued or recorded by a variety of means in writing, the resolution points of the order of search must be transcribed and delivered to the Public Ministry.
Article 284. Refusal of the search
In case the control judge denies the order, the Public Ministry will be able to remedy the deficiencies and request the order again or will be able to appeal the decision. In this case the appeal must be resolved within a period of not more than twelve hours from the time it is brought.
Article 285. Surveillance measures
Even before the competent control judge dictates the order of search, the Public Ministry may provide the surveillance measures or any other that does not require judicial review, which it considers appropriate to prevent the escape of the imputed or the removal, alteration, concealment or destruction of documents or things constituting the object of the search.
Article 286. Search in residence or public offices
For the practice of a search in the residence or office of any of the Executive, Legislative or Judicial Powers of the three government orders or in their case Autonomous constitutional bodies, the Police or the Public Ministry shall obtain the corresponding authorization in the terms provided for in this Code.
Article 287. Search on ships, vessels, aircraft or any means of foreign transport on Mexican territory
When a search has to be carried out on ships, vessels, aircraft or any means of foreign transport in Mexican territory, the provisions laid down in the Treaties, applicable laws and regulations.
Article 288. Search formalities
A copy of the resolution points of the order of search shall be submitted to the person who has or is in possession of the place where the order is made, or when he is absent, to his or her manager. and, in the absence of this, any older person who is at the site.
When no person is found, the copy of the resolution points authorizing the entry of the building shall be fixed, and must be recorded in the minutes and use of the public force to enter.
At the end of the search, a circumstantial act shall be lifted in the presence of two witnesses proposed by the occupant of the cated place, or in his absence or refusal, by the the authority to practice the search, but the designation may not be placed on the elements belonging to the authority which practiced it, unless they have not participated in it. Where these requirements are not met, the elements found in the search shall not be of any probative value, without the consent of the occupants of the site being used.
At the end of the search it will take care that the places are closed, and if not possible immediately, it will be ensured that other people do not enter the place until the closure.
If the presence of any person other than the proposed public servants is necessary for the practice of the search, the Public Ministry must include the data from those as well as the corresponding motivation in the request for the act of investigation.
If the presence of individuals in the search is authorized, they must omit any material intervention in the search and may only have communication with the public server that directs the practice of the search.
Article 289. Discovering a different offense
If a search results in the discovery of a crime other than the one that motivated it, an inventory of what is collected related to the search will be formed. new crime, with regard to the chain of custody in this case, and this circumstance will be recorded in the register to initiate a new investigation.
Article 290. Admission of an authority to place without judicial authorisation
It will be justified to enter a closed place without a court order when:
I. Be necessary to repel a real, current or imminent and non-right aggression that puts the life, integrity or personal freedom of one or more persons at risk, or
II. It is done with the consent of whoever is empowered to grant it.
In the cases of the II fraction, the authority that practices the income must inform it within the next five days, before the jurisdictional Authority. The hearing shall be attended by the person who gave his consent for the purpose of ratifying it.
The grounds for the inspection without a warrant shall be set out in detail in the minutes to be lifted.
Article 291. Private communications intervention
When in the investigation the Public Ministry considers necessary the intervention of private communications the Holder of the Attorney General of the Republic or the public servants empowered in terms of their organic law, as well as the Attorneys of the Federative Entities, may request the federal competent control judge, by any means, the authorization to practice the intervention, expressing the object and need for it.
The intervention of private communications, includes a whole system of communication, or programs that are the fruit of technological evolution, that allow the exchange of data, information, audio, video, messages, as well as electronic files, which record, retain the content of the conversations or record data identifying the communication, which may be presented in real time or after the time when the communicative process occurs.
The application must be settled by the judicial authority immediately, by any means guaranteeing its authenticity, or in private hearing with the sole (a) the appearance of the Public Ministry, within a period not exceeding six hours after it has been received.
If the resolution is recorded by a variety of means in writing, the resolution points of the authorization must be transcribed and delivered to the Public Ministry.
Public servers authorized for the execution of the measure will be responsible for the enforcement of the terms of the judgment.
Article 292. Request Requirements
The application for intervention must be founded and motivated, specify the person or persons to be subject to the measure; the identification of the place or places where it is carry out, if possible, the type of communication to be addressed; its duration; the process to be carried out and the lines, numbers or apparatus to be intervened; and where appropriate, the name of the concession-holder of the service telecommunications through which the communication is carried out intervention.
The period of the intervention, including its carryovers, may not exceed six months. After that period, new interventions may be authorised only where the Public Ministry has provided evidence of new evidence.
Article 293. Content of the judgment authorizing the intervention of private communications
In the authorization, the Control Judge shall determine the characteristics of the intervention, its modalities, limits and, where appropriate, order public institutions or private modes of collaboration.
Article 294. Object of the intervention
Private communications which are performed orally, in writing, by signs, signals or by the use of electrical appliances may be the subject of intervention, electronic, mechanical, wired or wireless, computer systems or equipment, as well as any other means or form that allows communication between one or more emitters and one or more receivers.
In no case may interventions be authorized in the case of matters of an electoral, fiscal, commercial, civil, labor or administrative nature, or in the case of communications from the detainee with your Defender.
The Judge may at any time verify that the interventions are made in the authorized terms and, in the event of non-compliance, decree his partial revocation or total.
Article 295. Knowledge of a different crime
If, in the practice of a private communications intervention, the commission of a different crime is known to those who motivate the measure, it will be record this circumstance in the registry to initiate a new investigation.
Article 296. Extending intervention to other subjects
When the intervention of private communications warns the need to extend to other subjects or places the intervention, the competent Public Ministry submit the respective application to the Control Judge himself.
Article 297. Recording the interventions
Communication interventions must be recorded by any means that do not alter the fidelity, authenticity and content of the communication, by the Police or by the expert to intervene, to the effect that the latter may be offered as a means of proof in the terms stated in this Code.
Article 298. Record
The record referred to in the previous article shall contain the dates of the start and end of the intervention, a detailed inventory of the documents, objects and the means for the reproduction of sounds or images captured during the same, when the investigation or the person is not put at risk, the identification of those who have participated in the investigation, and the other data which is consider relevant to the investigation. The original and duplicate records, as well as the documents that integrate them, shall be progressively numbered and contain the data necessary for their identification.
Article 299. Conclusion of the intervention
At the end of the intervention, the Police or the expert will immediately inform the Public Ministry about its development, as well as its results and will lift the respective. At the same time, the Public Ministry that has requested the intervention or its extension will inform the Judge of the control as soon as possible.
Interventions carried out without the authorizations referred to above or outside the terms in which they are ordered shall not be of evidentiary value, without prejudice to the administrative or criminal liability to take place.
Article 300. Destroying the logs
The court will order the destruction of those private communications intervention records that do not relate to the crimes investigated or to other crimes that have merited the opening of a diverse investigation, unless the defense requests that they be preserved as useful for their work.
It will also order the destruction of records of unauthorized interventions or when they exceed the terms of the respective judicial authorization.
The records will be destroyed when the final file, the dismissal or the acquittal of the imputed is decreed. When the Public Ministry decides to temporarily file the investigation, the records may be kept until the crime is prescribed.
Article 301. Collaboration with the authority
Dealers, permissioners and other media owners or systems capable of intervention must collaborate efficiently with the competent authority to the unahologue of such acts of investigation, in accordance with the applicable provisions. They must also have the necessary technical capacity to meet the requirements required by the judicial authority to operate a private communications intervention order.
Non-compliance with this mandate will be sanctioned in accordance with applicable criminal provisions.
Article 302. Duty of Secrecia
Those involved in any private communications intervention should observe the duty of secrecy over the content of the communications.
Article 303. Real-time geographic location
When there is a complaint or complaint, and under its strictest responsibility, the Procurator, or the public servant in whom the faculty is delegated, will ask the (a) the location of the mobile communication equipment associated with a line that is related to the telecommunications or satellite communications services, or the use of the telecommunications or communications services; facts that are investigated in terms of the applicable provisions.
You may also be required to immediately preserve data contained in computer networks, systems, or computers, for up to a maximum of ninety days in the cases of related offences or committed with computer media.
Article 304. Test ahead
Until prior to the hearing of the hearing, any relevant test means may be removed in advance, provided that the following conditions are met: requirements:
I. To be practiced before the Control Judge;
II. That it be requested by one of the parties, who must express the reasons why the act must be carried out in advance of the hearing of judgment to which it is intended to vent and becomes indispensable by virtue of it is probable that a witness may not attend the hearing of judgment, for living abroad, for there is reason to fear his death, or because of his state of health or physical or mental incapacity that would prevent him from declaring;
III. That it be for well-founded and extreme reasons and to avoid the loss or alteration of the probative environment, and
IV. To practice in hearing and in compliance with the rules intended for the practice of trials in the trial.
Article 305. Procedure for Early Testing
The advance proof-proof request may be raised from the filing of the complaint, complaint, or equivalent and before the start of the hearing oral judgment.
When a test is requested in advance, the Court shall give the court hearing to all those who have the right to attend the hearing. of oral judgment and after hearing them will assess the possibility that the test to anticipate cannot be drowned in the hearing of oral judgment, without serious risk of loss for the delay and, if necessary, will admit and will de-drown the test in the same act giving the parties all the powers envisaged for their participation in the hearing of oral judgment.
The defendant who is detained will be transferred to the hearing room to be imposed in a personal manner, by teleconference or any other means of communication, of the practice of diligence.
In case there is no identified imputed, a Public Defender will be appointed to intervene in the hearing.
Article 306. Recording and preserving the advance test
The hearing in which the advance test is given will need to be fully registered. After the advance of the advance test, the registration for the parties shall be delivered.
If the obstacle that gave rise to the practice of the test preview did not exist for the date of the hearing of judgment, the means of proof will be completely undrowned corresponding to the same.
Any advance testing shall be retained in accordance with the measures provided by the Control Judge.
Article 307. Initial hearing
The initial hearing will inform the defendant of his constitutional and legal rights, if he has not been informed of them before, the control of the legality of the arrest if it corresponds, the imputation will be formulated, will be given the opportunity to declare to the imputed, will be resolved on the requests for binding to process and precautionary measures and will define the deadline for the closure of the investigation.
In case the Public Ministry requests the provenance of remand the question must be resolved before the order of the connection is given to process.
This hearing must be attended by the Public Ministry, the defendant and his Ombudsman. The victim or offended or their Legal Counsel may attend if they so wish, but their presence will not be a requirement for the hearing to be valid.
Article 308. Control of the legality of the stop
Immediately after the imputed arrested in flagrant or urgent case is made available to the Control Judge, it will be cited to the initial hearing in which shall carry out the control of the detention before the allocation is made. The Judge will ask the detainee if he has a Defender and if not, order that a Public Defender be appointed and let him know that he has the right to provide evidence, as well as access to the records.
The Public Ministry will have to justify the reasons for the arrest and the control judge will proceed to qualify it, will examine the compliance with the constitutional deadline of retention and procedural requirements, by ratifying it if it is to be governed by law or by decreasing the freedom in the terms provided for in this Code.
Ratified the arrest in flagrant or urgent case, and when an arrest warrant has been executed, the accused will remain in detention during the development of the initial hearing, until such time as it is not resolved whether or not it will be subject to pre-trial detention, without prejudice to the provisions of the previous article.
If at the beginning of the hearing the agent of the Public Ministry is not present, the Control Judge will declare in recess the hearing for up to one hour and will order to the administration of the Judiciary to communicate with the superior of the one, with the purpose of making him appear or replace him. After the recess is concluded without obtaining a reply, the immediate release of the detainee will be carried out.
Article 309. Opportunity to formulate imputation to detained persons
The formulation of the imputation is the communication that the Public Ministry makes to the accused, in the presence of the control judge, that he develops an investigation in his against one or more facts that the law points to as a crime.
In the case of a flagrant or urgent case, after the control judge qualifies the arrest, the Public Ministry must make the charge, The Commission shall request the binding of the imputed to proceedings without prejudice to the constitutional period which may be invoked by the accused or his/her Ombudsman.
In the event that, as a precautionary measure, the Public Ministry requests the remand and the imputed has received the constitutional deadline, the debate on measures The precautionary measure shall take place prior to the suspension of the hearing.
The defendant will not be able to refuse to provide his or her full identity, and must answer the questions addressed to him and will be urged to drive with truth.
The imputed will be asked if it is your wish to provide your data aloud or if you prefer these to be logged separately and preserved in reserve.
If the defendant decides to declare in relation to the facts that are imputed to him, he will be informed of his procedural rights related to this act and that what he declares can be used against him, he will be questioned if he has been advised by his Ombudsman and if his decision is free.
If the accused decides freely to declare, the Public Ministry, the legal adviser of the victim or offended, the private accuser in his case and the defense will be able to lead him questions about what you have stated, but you will not be obliged to answer those that may be against you.
The rules provided for in this Code will be observed for the proof of the test media.
Article 310. Opportunity to formulate imputation to people at large
The agent of the Public Ministry will be able to formulate the imputation when it considers the judicial intervention to be appropriate in order to resolve the legal situation of the imputed.
If the Public Ministry has expressed an interest in making an imputation to a person who will not be detained, he will ask the control judge to release him and indicate the date and time for the initial hearing to be verified, which shall be carried out within 15 days of the submission of the application.
When deemed necessary, in order to obtain the presence of the accused in the initial hearing, the agent of the Public Ministry may request arrest or arrest warrants. appearance, as the case may be, and the control judge will decide what is appropriate. Requests and resolutions shall be made in the terms of this Code.
Article 311. Procedure for formulating imputation
Once the defendant is present at the initial hearing, for having ordered his appearance, for having executed against him an arrest warrant or (a) the right to arrest and after having verified the control court which the accused is aware of his fundamental rights under the criminal procedure or, where appropriate, after the proceedings have been made, the word to the agent of the Public Ministry for the fact that it exposes the fact that it is attributed to it, the preliminary legal status, the date, place and mode of the commission, the form of intervention which it has had in it, and the name of its accuser, unless it is necessary for the control court to reserve its identity in the Presumed authorized by the Constitution and by law.
The Court of Justice may, at the request of the defendant or its Ombudsman, request the clarifications or clarifications which it considers necessary in respect of the imputation the Public Ministry.
Article 312. Opportunity to declare
Formulated the imputation, the Control Judge will ask the defendant if he understands it and if it is his wish to answer to the charge. If you decide to remain silent, it may not be used against you. If the imputed manifests its desire to declare, its declaration shall be rendered in accordance with the provisions of this Code. In the case of several imputed, their statements shall be received successively, preventing them from communicating with each other prior to the receipt of all of them.
Article 313. Opportunity to resolve the bind-to-process request
After the defendant has issued his statement, or expressed his desire not to do so, the agent of the Public Ministry will ask the Control Judge for the opportunity to discuss precautionary measures, if any, and subsequently request the connection to the process. Before listening to the agent of the Public Ministry, the control judge will address the defendant and explain to him the moments in which the request to be raised by the Public Ministry can be resolved.
The control judge will question the defendant if he wishes to be resolved on his or her connection to the hearing within the period of seventy-two hours or if he requests the extension of that period. In the event that the accused does not accept the constitutional deadline or request the duplicity of the same, the Public Ministry must request and motivate the connection of the imputed to the process, exposing in the same audience the test data with which considers that a fact is established that the law indicates as a crime and the probability that the accused committed it or participated in its commission. The Court of Justice shall give the defence the opportunity to reply to the request and if it considers it necessary to allow the reply and counter-reply. In fact, it will resolve the legal status of the defendant.
If the defendant expressed his wish to have it resolved on his or her connection to proceedings within the period of seventy-two hours or request the extension of that period, the Judge it shall indicate the date of the conclusion of the binding hearing to be held within that period or its extension.
The bind-to-process hearing must be held, as the case may be, within seventy-two or one hundred and forty-four hours after the imputed The defendant was placed at his disposal or that the defendant appeared at the hearing for the formulation of the imputation. If the defendant requires the judicial assistance to provide witnesses or experts to the hearing of the process, he shall request that assistance at least forty-eight hours in advance of the time and date indicated for the conclusion of the hearing. Otherwise, you must present your test media to the bind-to-process audience.
The control court must inform the authority responsible for the establishment in which the defendant is placed if the legal situation is resolved in addition to the was imposed as a precautionary measure by the preventive prison or if the constitutional deadline is requested to be duplicated. If, after the constitutional period, the control court does not inform the responsible authority, the latter must draw its attention to that particular in the act of concluding the period and, if it does not receive the evidence referred to in the three The following hours must be released.
Article 314. Incorporation of test media into the constitutional deadline or its extension
The defendant or his/her Ombudsman may, within the constitutional period or its extension, request the proof of proof that they deem necessary before the Control Judge.
Article 315. Continuation of the initial hearing
The continuation of the initial hearing will begin, if necessary, with the proof of the means of proof that the accused had offered or presented in the same. To this end, the rules for the hearing of the oral trial debate will continue to be conducted as well. If there were any, the word will be given the first word to the Public Ministry and then to the defendant. When the debate is exhausted, the judge will decide whether or not to bind the accused.
In cases of extreme complexity, the Control Judge may order a recess which may not exceed two hours, before settling on the legal status of the imputed.
Article 316. Requirements for dictating the auto from bind to process
The Control Judge, at the request of the agent of the Public Ministry, will dictate the order of the imputed to the process, provided that:
I. The imputation has been formulated;
II. The imputed has been granted the opportunity to declare;
III. From the background of the investigation exposed by the Public Ministry, evidence data is released that establishes that a fact has been committed that the law indicates as a crime and that there is a probability that the defendant committed it or participated in your committee. Data shall be understood to establish that a fact has been committed that the law indicates as a crime where there are reasonable indications that this would allow it to be assumed, and
IV. That no cause of extinction of the criminal action or exclusionary of the crime be updated.
The order of connection to process must be dictated by the fact or facts that were the reason for the imputation, the Judge of control will be able to grant them a legal classification other than that assigned by the Public Ministry itself which must be made aware of the imputed for the purposes of its defence.
The process will be forcibly followed by the fact or criminal acts identified in the self-linking process. If, in the aftermath of a process, a criminal act other than the one pursued has been committed, it shall be the subject of separate investigation, without prejudice to the fact that the cumulation may subsequently be established if it is conducive.
Article 317. Content of the self-linking to process
The bind-to-process auto must contain:
I. The personal data of the imputed;
II. The fundamentals and reasons why the requirements mentioned in the previous article are satisfied, and
III. The place, time, and circumstances of execution of the event being imputed.
Article 318. Effects of the self-linking to process
The self-linking process will establish the fact or the criminal facts on which the process will continue or the anticipated forms of termination will be determined. of the process, the opening to judgment or the dismissal.
Article 319. Auto from non-binding to process
If any of the requirements set forth in this Code are not met, the Control Judge will dictate a non-binding order of the imputed to the process and, if applicable, order the immediate release of the accused, for which it will revoke the precautious providences and the anticipated precautionary measures that have been decreed.
The non-binding order does not prevent the Public Ministry from continuing with the investigation and subsequently making new imputation, except in the same case. decree the dismissal.
Article 320. Value of the performances
The background of the investigation and elements of conviction that are not drowned in the hearing of the connection to the process, that serve as the basis for the dictation of the car of The binding process and the precautionary measures lack the evidentiary value to establish the judgment, except for the express exceptions provided for by this Code.
Article 321. Deadline for supplementary research
The Control Judge shall, before the end of the initial hearing, determine on a proposal from the parties the time limit for the closure of the supplementary investigation.
The Public Ministry will have to complete the supplementary investigation within the time limit indicated by the Control Judge, even if it cannot be more than two months if for offences the maximum sentence of which does not exceed two years in prison, or six months if the maximum penalty exceeded that time or may exhaust that investigation before its expiry. After the end of the investigation period, the investigation shall be closed, unless the Public Ministry, the victim or the accused person or the accused person have requested an extension of the investigation before the end of the period, maximum limits laid down in this Article.
In case the Public Ministry considers the investigation to be closed early, it will inform the victim or offended or the accused person so that, if necessary, they will manifest it. driver.
Article 322. Extension of the deadline for supplementary research
By way of exception, the Public Ministry may request an extension of the additional investigation period to make an indictment, in order to achieve a better preparation of the case, founding and motivating your request. The Judge may grant the extension as long as the requested period, in addition to the original period, does not exceed the time limits set out in the previous article.
Article 323. Deadline for declaring the closure of the investigation
After the deadline for the closure of the investigation, the Public Ministry will have to close it or request a justification for its extension to the control judge, observing the maximum limits provided for in Article 321.
If the Public Ministry does not declare the investigation closed within the deadline, or does not request its extension, the accused or the victim or offended may ask the Judge to control to be issued by the warning to proceed to such closure.
After the deadline for the closure of the investigation, the investigation will be closed unless the Public Ministry or the accused have requested a justified extension. from the same to the Judge.
Article 324. Consequences of the completion of the deadline for supplementary research
Once the supplementary investigation is closed, the Public Ministry within the following 15 days shall:
I. Request partial or total withdrawal;
II. Request the process to be suspended, or
III. Formulate allegation.
Article 325. Extinction of the criminal action for failure to comply with the deadline
When the Public Ministry does not comply with the obligation laid down in the previous article, the Control Judge will put the fact to the attention of the Attorney General or the the public servant in whom he has delegated this power, to give it a ruling within a period of 15 days.
After this deadline has not been pronounced, the Control Judge will order the dismissal.
Article 326. Miscellaneous requests to the indictment
Where only a variety of requests are made to the prosecution of the Public Prosecutor's Office, the Control Judge shall decide without substantiation what is appropriate, except for to the contrary, or which considers it essential to hold a hearing, in which case it shall summon the parties.
Article 327. Dismissal
The Public Prosecutor's Office, the defendant or his/her Ombudsman may ask the Court for the dismissal of a case; the application is received by the court notify the parties and shall, within 24 hours of the following, notify a hearing of the conduct of the hearing. The failure of the victim or duly cited offence shall not prevent the court from taking a decision on the matter.
The overment will proceed when:
I. The fact was not committed;
II. The fact committed is not a crime;
III. It seems clearly established the innocence of the imputed;
IV. The defendant is exempt from criminal liability;
V. Exhausted the investigation, the Public Ministry considers that it does not have enough elements to found an accusation;
VI. The criminal action has been extinguished for any of the reasons set out in the law;
VII. A law or later reform will repeal the offense that follows the process;
VIII. The fact that it is dealt with has been the subject of a criminal proceedings in which a firm judgment has been given in respect of the defendant;
IX. Death of the imputed, or
X. In other cases where the law is available.
Article 328. Effects of the withdrawal
Firm dismissal has effects of absolute judgment, ends the procedure in relation to the imputed in whose favor it is dictated, inhibits a new persecution penalty for the same fact and cease all precautionary measures that have been dictated.
Article 329. Total or partial overment
The dismissal will be total when it relates to all the crimes and all the charges, and partial when it relates to any crime or to some imputed, of the various to that the investigation has been extended and that they have been subject to a process.
If the dismissal is partial, the process shall be continued with respect to those crimes or those imputed to those that are not to be extended.
Article 330. Powers of the Judge with regard to dismissal
The Court of Justice, in ruling on the application for dismissal by any of the parties, may reject it or decree the dismissal even for reasons other than the one referred to in this Code.
If the victim or offended object to the request for dismissal by the Public Ministry, the defendant or his/her Ombudsman, the control judge shall act on the basis of in the arguments put forward by the parties and the merit of the cause.
If the Control Judge admits the victim's objections or offended, he will refuse the application for dismissal.
In the absence of opposition, the application for withdrawal shall be declared to be without prejudice to the right of the parties to appeal.
Article 331. Suspending the process
The competent control judge will decree the suspension of the process when:
I. The removal of the imputed to the action of justice is decreed;
II. It is discovered that the offence is of those in respect of which it is not possible to proceed without the satisfaction of certain requirements and those requirements have not been met;
III. The imputed will acquire some temporary mental disorder during the process, or
IV. In other cases the law points out.
Article 332. Reopening the process by ceasing the suspension causal
At the request of the Public Ministry or any of those involved in the process, the Control Judge may decree the reopening of the proceedings when the cause of the case is terminated. has motivated the suspension.
Article 333. Reopening the investigation
Until prior to the submission of the indictment, the parties may reiterate the request for specific investigations that they have made to the Public Ministry. after dictation of the bind-to-process order and that it has been rejected.
If the control judge accepts the request of the parties, it will order the Public Ministry to reopen the investigation and proceed with the implementation of the actions within the deadline. which will fix you. In that hearing, the Public Ministry may request the extension of the time limit for one time.
The request to carry out acts of investigation shall not proceed which in its opportunity was ordered at the request of the parties and not fulfilled by the negligence or fact attributable to them, nor those which are imrelevant, which have the purpose of proving public and notorious facts, or all those which have been requested for purely delaying purposes.
Due to the deadline or its extension, the investigation subject to reopening will be considered closed, or even before the actions that motivated it have been fulfilled, and shall proceed in accordance with the provisions of this Code.
Article 334. Intermediate stage object
The intermediate stage aims at offering and admitting the means of proof, as well as the purging of the controversial facts that will be the subject of the trial.
This stage will be composed of two phases, one written and one oral. The written phase will start with the indictment that the Public Ministry will make and will include all the acts prior to the holding of the interim hearing. The second phase will begin with the holding of the intermediate hearing and will culminate with the opening of the opening order for trial.
Article 335. Content of the charge
After the end of the supplementary investigation phase, if the Public Ministry considers that the investigation provides elements to carry out the criminal action against the charged, will file the charge.
The prosecution of the Public Ministry must contain clearly and precisely:
I. The individualization of the defendants and their defendants;
II. The identification of the victim or offended and their Legal Counsel;
III. The clear, precise, circumstantial and specific relationship of the facts attributed in mode, time and place, as well as their legal classification;
IV. The relationship of the modalities of the crime that concurs;
V. The specific authorship or participation attributed to the defendant;
VI. The expression of applicable legal precepts;
VII. The indication of the means of proof that it intends to offer, as well as the advance test that has been drowned in the research stage;
VIII. The amount of damage repair and test media that you offer to test it;
IX. The security penalty or measure the application of which is requested, including in the case of the crime contest;
X. The means of proof that the Public Ministry intends to present for the individualization of the penalty and where appropriate, for the provenance of replacement of the prison sentence or suspension thereof;
XI. The request for the confiscation of the insured property;
XII. The proposal for evidentiary agreements, if any, and
XIII. The request that some form of early termination of the process be applied when applicable.
The charge may only be made by the facts and persons indicated in the order of connection to the process, even if a different classification is carried out, which must be to make the knowledge of the parties.
If the Public Ministry or, if appropriate, the victim or offended offered as means of proof the declaration of witnesses or experts, they must present a list identifying them by name, last name, address, and how to locate them, and also identify the points on which the interrogations will be used.
Article 336. Performance of the victim or offended
Once the indictment is filed, the Control Judge will order his notification to the parties the next day. The defendant and his/her Ombudsman, the victim or offended through their legal counsel, will be given a copy of the charge. In order to be able to indicate an intermediate hearing date, the Public Ministry must make available to the other parties all the records accumulated during the investigation.
Article 337. Evidentiary discovery
The probative discovery by the Public Ministry, consists of the material delivery to the defense, of copying of the records of the investigation, as of the access that must give the defence in respect of the material evidence collected during the investigation. The delivery of the requested copies and the access to the material evidence referred to, must be carried out by the Public Ministry immediately that is requested by the defense. For its part, the probative discovery in charge of the defense consists in the material delivery to the Public Ministry of copies of the records with which it counts and that it intends to offer them as means of proof to be drowned in judgment. The defense will only be obliged to discover those means of proof that it intends to put to trial as proof.
For the purposes of this article we will understand records of the investigation, all documents that integrate the research folder, as well as photographs, videos with or without audio, voice recordings, expert reports and expert evidence in any kind of electronic file or support. In order to obtain a copy of the records of electronic media, the defence shall provide the Public Ministry with the necessary means to do so.
Trying to access the material evidence in the research folder, this will imply the right of the defense to obtain photographed images or video-filmed of the same, as well as the practice of experts in charge of defense experts, or at the request of the same if not, the practice of experts in charge of official experts on such evidence.
The Public Ministry will have to make its discovery in favor of the defense within a period of five days, counted from the fact that the cases were satisfied. provided for in Article 335. This is without prejudice to the obligation of the Public Ministry to give access to the defendant and his/her Defender of the content of the investigation folder upon request.
Article 338. Intervenance in the indictment
Within three days of the notification of the charge by the Public Ministry, the victim or offended may by writing:
I. Constitute the interveners in the process;
II. Point out the formal vices of the indictment and require its correction;
III. Offer the means of proof that it deems necessary to supplement the prosecution of the Public Ministry and must do so of its knowledge through the judge. In such a case, the Public Ministry shall, no later than 24 hours after receiving the offer of the victim's means of proof, communicate it to the accused or his/her Ombudsman to appear in the presence of the victim. within a period of not exceeding forty-eight hours counted from the day after the notification has been made, to take cognizance of that and, where appropriate, in order to enable them to comply with their interests, request the dispatch of a copy of the the same and/or their access as appropriate. The delivery of the respective copies and of the access in their case to the material evidence, must be made immediately so be requested by the defense. Once the Public Ministry has submitted a copy to the defendant or to his or her defence of such records and/or access to them and, as long as the defence has not requested within three days of the fact that it has been granted access to their experts for the taking of photographs, videos or practice of some expert and will notify the defense of the closing of the evidentiary discovery. If the defence has requested access with experts to the evidence provided by the victim or offended within the time limit, it shall have a new period of three days from the day following that of its application for the to present them to the Public Ministry, so that in the presence of the Public Ministry they will carry out the taking of photographs or videos or samples in their case, or the practice of respective expertise, done which, the Public Ministry will record in the folder of investigating the closure of the probative discovery to his office notifying the defence for the effects of the Article 340.
IV. Request the payment of the repair of the damage and quantify its amount.
Article 339. General rules of the intervenance
If the victim or offended is constituted as an intervener of the Public Ministry, the formalities provided for the prosecution of the victim will be applicable to him. The Control Judge shall be required to transfer the application to the parties.
The intervenance in the prosecution by the victim or offended will not alter the powers granted by this Code and other legislation applicable to the Public Ministry, nor will it exempt him from his responsibilities.
If you are dealing with multiple victims or offended, you may appoint a common representative, provided there is no conflict of interest.
Article 340. Action of the imputed in the written phase of the intermediate stage
Within ten days of the notification of the application for the intervenance of the victim or offended, the defendant or his/her Ombudsman, by means of a written letter to the Public Ministry, or intermediate hearing:
I. They may point out formal defects in the indictment and rule on the intervener's observations and, if they consider it relevant, require their correction. However, the defence will have the same opportunity at the intermediate hearing;
II. You may request the accumulation or separation of accusations, or
III. May demonstrate on the evidence agreements.
You must discover the means of proof that you intend to vent in judgment for this purpose, from this moment on and up to a maximum period of ten days must deliver physically and materially to the other parties such means of proof, with the exception of the expert report which shall be delivered no later than the day of the holding of the intermediate hearing, without prejudice to the announcement at this time.
The defendant or his/her Ombudsman shall be notified to the Public Ministry and the intervener within 24 hours of his/her appearance.
Article 341. Hearing the hearing
The Control Judge shall indicate the date of the intermediate hearing, which shall take place within a time limit which may not be less than ten or exceed 20 days from the time the deadline set in the previous article for the probative discovery of the defence is over.
Upon conclusion of the interim hearing, the Court of Justice may, for a single occasion and at the request of the defence, defer, for up to ten days, the holding of the intermediate hearing. For this purpose, the defence shall state the reasons for which it has required such a deferral.
Article 342. Inmediation in the intermediate audience
The interim hearing will be conducted by the Control Judge, who will preside over it in its entirety and will be held orally. The permanent presence of the Control Judge, the Public Ministry, and the Ombudsman during the hearing is indispensable.
The victim or offended or his legal adviser will have to attend, but his or her inattendance does not suspend the act, although if this was unjustified, his or her legal adviser will be withdrawn. claim that she had been constituted as an adjunct to the Public Ministry.
Article 343. Charging union and separation
When the Public Ministry makes a number of accusations that the control judge considers appropriate to submit to the same hearing of the debate, and provided that this does not prejudice the right of defence, may bring them together and decree the opening of a single trial, if they are linked by reference to the same fact, to the same defendant or because the same means of proof must be examined.
The control judge may issue separate proceedings for the opening of the trial, for different facts or different defendants who are in the same indictment, when, be known in a single hearing of the debate, could cause serious difficulties in the organisation or the conduct of the hearing of the debate or the right of defence, and provided that this does not involve the risk of making decisions contradictory.
Article 344. Audience development
At the beginning of the hearing, the Public Ministry will conduct a summary of its indictment, followed by the exposure of the victim or offended and the accused by himself or through his/her Ombudsman; the parties will be able to deduce any impact they consider relevant to present. In addition, the Defense will promote exceptions that proceed in accordance with the provisions of this Code.
Drowned the points above and after the establishment in his case of probative agreements, the Judge will make sure that the discovery has been fulfilled probative by the parties and, in the event of a dispute, open debate between the parties and resolve the matter.
If it is the case that the Public Ministry or the victim or offended concealed a proof favorable to the defense, the Judge in the case of the Public Ministry will give a hearing to its superior for the conductive effects. In the same way, a disciplinary correction will be imposed on the victim or offended.
Article 345. Evidentiary agreements
The evidentiary agreements are those concluded between the Public Ministry and the defendant, without any founded opposition of the victim or offended, to accept as proven any or some of the facts or their circumstances.
If the victim or offended object, the Control Judge will determine if the opposition is founded and motivated, otherwise the Public Ministry will be able to carry out the agreement. evidentiary.
The control judge will authorize the probative agreement, provided that you consider it justified because there is a history of the investigation with which the fact is credited.
In such cases, the Control Judge will indicate in the opening order of the trial the facts that they will have for accredited, to which they must be during the hearing of the oral judgment.
Article 346. Exclusion of test media for debate hearing
Once the means of proof offered have been examined and the parties have been heard, the Control Judge will order that they be excluded from being rendered in the hearing. In the case of the investigation, those means of evidence which do not directly or indirectly relate to the purpose of the investigation and are useful for the clarification of the facts, as well as those in which one of the following cases is updated:
I. When the test medium is offered to generate dilatory effects, by virtue of being:
a) Overabundant: for referring to various means of testing of the same type, testimonial or documentary, which accredit the same, already exceeded, on repeated occasions;
b) Impertinent: for not referring to the controversial facts, or
c) Innecessary: for referring to public, notorious or uncontroversial facts;
II. For having been obtained with violation of fundamental rights;
III. For having been declared null, or
IV. For being those that contravene the provisions outlined in this Code for your unahold.
In the event that the Judge considers that the means of proof is over-abundant, the party that offers it reduces the number of witnesses or documents, when By means of them you wish to accredit the same facts or circumstances with the subject matter that will be put to judgment.
Also, in cases of crimes against sexual freedom and security and the normal psychosexual development, the judge will exclude the evidence that claims to surrender on the previous or later sexual behavior of the victim.
The decision of the test media exclusion control judge is appealable.
Article 347. Self-opening to trial
Before the end of the hearing, the Control Judge will dictate the self-opening judgment to indicate:
I. The Court of Justice competent to hold the hearing of judgment, as well as the date and time set for the hearing;
II. The individualization of the accused;
III. The charges which must be the subject of the trial and the formal corrections made therein, as well as the facts of the charge;
IV. The evidentiary agreements to which the parties have arrived;
V. The supported test media that must be drowned in the trial hearing, as well as the advance test;
VI. The means of evidence which, where appropriate, must be removed from the hearing for the individualisation of the penalties and for the repair of the damage;
VII. The identity and personal data protection measures that come in terms of this Code;
VIII. People who should be summoned to the debate hearing, and
IX. The precautionary measures that have been imposed on the defendant.
The Control Judge shall bring the same to the competent Court of Justice within five days of the date of the judgment and shall make available to the Court of Justice the records, as well as the defendant.
Article 348. Judgment
The judgment is the decision-making stage of the essential issues of the process. It shall be carried out on the basis of the charge on which the principles of inmediation, publicity, concentration, equality, contradiction and continuity shall be effective.
Article 349. Date, place, integration, and citations
The date for the holding of the hearing must be set at the opening of the hearing, which must take place no earlier than twenty or after the hearing. Sixty calendar days counted from its issuance. All parties will be summoned in due course to attend the debate. The defendant must be summoned, at least seven days in advance at the beginning of the hearing.
Article 350. Prohibition of intervention
Judges who have intervened at some stage of the proceedings before the trial hearing will not be able to serve as a Court of Justice.
Article 351. Suspension
The hearing of judgment may be suspended in exceptional circumstances for a maximum period of 10 calendar days when:
I. An incidental issue that cannot, by its nature, be resolved immediately must be resolved;
II. Have to practice some act outside the hearing room, even because you have the news of an unexpected fact that it is essential to an additional investigation and it is not possible to fulfill the acts in the interval of two sessions;
III. Do not appear witnesses, experts or interpreters, a new citation must be practiced and it is impossible or inconvenient to continue the debate until they appear, even coactively through the public force;
IV. He or the members of the Court of Justice, the defendant or any of the parties become ill to such an extent that they cannot continue to intervene in the debate;
V. The Ombudsman, the Public Ministry or the particular accuser cannot be immediately replaced in the case of the previous fraction, or in case of death or permanent incapacity, or
VI. Some catastrophe or some extraordinary fact makes it impossible to follow.
The Court of Justice shall verify the authenticity of the causal suspension invoked, and may for the purpose be made of the appropriate means of proof for decide on the suspension, for which it will have to announce the day and time the hearing will continue, which will have the effect of summons for hearing for all the parties. Prior to the resumption of the hearing, the chair will briefly summarise the previously completed acts.
The Court of Justice will order the postponements that are required, indicating the time the debate will continue. The rest of the weekend and the working days shall not be considered to be deferred or suspended in accordance with the applicable legislation.
Article 352. Outage
If the trial hearing is not resumed no later than the 11th day after the order of the suspension, it will be considered interrupted and must be rebooted to a A different trial court and the action will be null.
Article 353. Motivation
The decisions of the Court of Justice, as well as those of its President, will be verbal, with the expression of its foundations and motives when the case so requires. parties so request, all notified by issue.
DIRECTION AND DISCIPLINE
Article 354. Direction of the trial debate
The judge presiding over the trial hearing will order and authorize the relevant readings, make the appropriate warnings, take the legal protests, and moderate the discussion; it shall prevent any inappropriate or non-admissible interventions, without prejudice to the exercise of criminal prosecution or freedom of defence. It will also resolve the objections that are raised during the test.
If any of the parties to the debate were to settle for the route of revocation of a decision of the President, the Tribunal will decide.
Article 355. Discipline in the audience
The judge presiding over the trial hearing will ensure that the discipline in the hearing is respected, taking care that the order is maintained. (a) to prosecute or to the assistants, the respect and the considerations due, correcting in the act the faults that are committed, for which it may apply any of the following measures:
II. Fine of twenty to five thousand minimum wages;
III. Expulsion from the hearing room;
IV. Arrest for up to thirty-six hours, or
V. Public Eviction from the hearing room.
If the offender is the Public Ministry, the defendant, his/her Defender, the victim or offended, and it is necessary to expel them from the hearing room, the rules will apply drivers for the case of their absence.
If, despite the measures taken, the order could not be restored, the president of the hearing will suspend the order until the time of the meeting. conditions that allow you to continue your normal course.
The Court of Justice may order the arrest for up to 15 days in the face of the jurisdiction of the procedural obligations of witnesses or experts who are against him. principle of continuity, such as their unjustified inappearances to the hearing or those acts that prevent the evidence from being able to be drowned in time and form.
GENERAL PROVISIONS ABOUT THE TEST
Article 356. Probation
All the facts and circumstances provided for the appropriate solution of the case submitted to judgment may be proven by any relevant and incorporated means in accordance with this Code.
Article 357. Legality of the test
The test will have no value if it has been obtained by means of acts of violation of fundamental rights, or if it was not incorporated into the process according to the provisions of This Code.
Article 358. Opportunity for the receipt of the test
The evidence to serve as a basis for the judgment must be dismissed during the hearing of the debate, except for the exceptions expressly provided for in this judgment. Code.
Article 359. Testing the test
The Court of Justice shall refer to the statement of reasons of all the evidence that has been given out, including those which have been rejected, the reasons they had to do so. The statement of reasons shall be based on the reasoning used to reach the conclusions contained in the judgment. The defendant can only be condemned if the conviction of his guilt is reached beyond a reasonable doubt. In case of reasonable doubt, the Court of Justice shall absolve the defendant.
Article 360. Duty to testify
Everyone will have the obligation to go to the process when they are summoned and to declare the truth of how much he knows and is asked; likewise, he must not hide facts, circumstances or any other information relevant to the settlement of the dispute, unless otherwise provided.
The witness shall not be in the obligation to declare on facts for which criminal liability may be concluded.
Article 361. Ability to abstain
May refrain from declaring the guardian, curator, pupil, spouse, concubine or concubinaire, living with the person, the person who has lived permanently with the imputed for at least two years prior to the fact, its relatives by consanguinity in the ascending or descending straight line up to the fourth grade and in the collateral by consanguinity up to and including the second degree, unless they were Complainants.
The above persons should be informed of the power of abstention before they declare, but if they accept testimony, they will not be able to refuse to answer the questions. formulated.
Article 362. Duty to Save Secret
It is inadmissible the testimony of persons who, in respect of the object of their declaration, have the duty to keep secret for the knowledge they have of the facts by reason of the trade or profession, such as religious ministers, lawyers, human rights visitors, doctors, psychologists, pharmacists and nurses, as well as public officials on information that is not susceptible to disclosure according to the laws of matter. However, these people will not be able to deny their testimony when they are released by the person of duty to keep secret.
If they are summoned, they must appear and explain the reason for the obligation to keep secret and refrain from declaring.
Article 363. Citation of witnesses
Witnesses will be summoned for examination. In cases of urgency, they may be cited by any means that guarantees the receipt of the summons, which must be put on record. The witness may appear to testify without prior appointment.
If the witness resides in a distant place in the seat of the judicial body and lacks the economic means to move, it will be necessary to ensure his or her appearance.
Dealing with witnesses who are public servants, the dependency on which they will perform will take the appropriate measures to ensure their appearance, in which Case will also absorb the expenses that are generated.
Article 364. Mandatory appearance of witnesses
If the duly cited witness does not present himself to the summons or there is a well-founded fear that he will be absent or hiding, he will be made to appear in that act by force. public without the need to exhaust any other means of award.
The authorities are obliged to assist the Court in a timely and diligent manner to ensure the mandatory appearance of witnesses. The Court may use the means of award established by this Code against the authorities in the event of non-compliance or delay in their determinations.
Article 365. Exceptions to the obligation to appear
They will not be required to appear in the terms provided for in the above articles and may declare in the form indicated for special testimonials following:
I. Regarding the federal public servants, the President of the Republic; the Secretaries of State of the Federation; the Attorney General of the Republic; the Ministers of the Supreme Court of Justice of the Nation, and the Deputies and Senators of the Congress of the Union; the Magistrates of the Electoral Tribunal of the Judiciary of the Federation and the Councillors of the Federal Electoral Institute;
II. Regarding the state public servants, the Governor; the Secretaries of State; the Attorney General or its equivalent; the Deputies of the local Congresses and members of the Legislative Assembly of the Federal District; Magistrates of the High Court of Justice and the State Electoral Tribunal and the Directors of the State Electoral Institute;
III. Foreign nationals who are in the country of diplomatic immunity, in accordance with the Treaties on the subject, and
IV. Those who, due to serious illness or other impairment qualified by the court or tribunal, are unable to do so.
If the persons listed in the above fractions give up their right not to appear, they must provide a statement in accordance with the general rules laid down in This Code.
Article 366. Special testimonials
When a testimony of minors who are victims of the crime should be received and subject to their psychological or emotional involvement, as well as in the case of victims of the crime of violation or abduction, the court or tribunal at the request of the parties, may order its reception with the help of family members or specialized experts. To this end, appropriate audiovisual techniques should be used to avoid confrontation with the accused.
Persons who cannot attend the judicial headquarters, because they are physically prevented, will be examined in the place where they are located and their testimony will be transmitted by remote reproduction systems.
These special procedures should be carried out without affecting the right to confrontation and defense.
Article 367. Protection for witnesses
The Authority may, for a reasonable period of time, order special measures to protect the physical and psychological integrity of the witness and his family members, which may be renewed as many times as necessary, without prejudice to the provisions of the applicable legislation.
Similarly, the Public Ministry or the appropriate authority shall take the measures they have taken to give due protection to victims, offended, witnesses, before or after their declarations, and their families and in general all the subjects involved in the proceedings, without prejudice to the provisions of the applicable legislation.
Article 368. Expert test
The expert test may be offered when, for the examination of persons, facts, objects or circumstances relevant to the process, it is necessary or appropriate to possess special knowledge in some science, art, technology or craft.
Article 369. Official title
The experts must have an official title in the field concerning the point on which they will give an opinion and have no impediments to the professional exercise, provided that the science, art, technology or craft on which the expertise in question is to be regulated; otherwise, a person of manifest suitability must be appointed and preferably belong to a guild or group relating to the the activity on which the expertise is to be seen.
These requirements will not be required for anyone who declares as a witness about facts or circumstances that he knew spontaneously, although to report on them use the special skills he possesses in a science, art, technique or craft.
Article 370. Protective measures
Where necessary, experts and other third parties who are required to intervene in the procedure for evidentiary purposes may request the appropriate authority to adopt measures intended to provide them with the intended protection for witnesses, in the terms of the applicable legislation.
General provisions of cross-examination and cross-examination
Article 371. Declarants at the trial hearing
Before declaring, witnesses will not be able to communicate with each other, see, hear or be informed of what happens in the hearing, so they will remain in a room other than the one where it is developed, warned of the above by the judge presiding over the hearing. They will be called in the established order. This provision does not apply to the accused or the victim, except where the victim is required to testify as a witness.
The judge presiding over the trial hearing will identify the expert or witness, take him to protest with truth, and warn him of the penalties imposed if incurs false statements.
During the hearing, experts and witnesses must be questioned personally. Your personal statement may not be replaced by the reading of the records in which you have made previous statements, or of other documents containing them, and shall only refer to it and to the questions asked by the parties.
Article 372. Cross-examination development
Awarded the protest and made its identification, the judge presiding over the hearing will give the floor to the party that proposed the witness, expert or The defendant is accused of having to interrogate him, and after the other subjects involved in the process, always respecting the assigned order. The opposing party may immediately subsequently cross-examine the witness, expert or defendant.
The witnesses, experts or the accused will directly answer the questions asked of them by the Public Ministry, the Ombudsman or the legal adviser of the victim, in his case. The Court shall refrain from interrupting such interrogation unless it is considered to be an established objection, or it is necessary to maintain the order and decorum necessary for the due diligence of the hearing. Without prejudice to the foregoing, the Jurisdictional Authority may ask questions to clarify what it says in terms of this Code.
At the request of some of the parties, the Court may authorise a further examination of witnesses who have already stated in the hearing, provided that they have not The expert may be asked questions in order to propose hypotheses on the subject of the expert opinion, to which the expert will have to respond to the science, the profession and the proposed hypothetical facts.
After the cross-examination the offeror may reask the witness in relation to the manifest. In the case of cross-examination, the opposing party may challenge the witness in relation to the subject matter of the questions.
Article 373. Rules for formulating questions in judgment
Any question must be addressed orally and will be about a specific fact. In no case will ambiguous or unclear, conclusive, impertinent or irrelevant or argumentative questions be allowed, which tend to offend the witness or experts or intend to coerce them.
The suggestive questions will only be allowed to the counterpart of who offered the witness, in cross-examination.
The parties will only be able to ask questions of witnesses, experts or the accused, in respect of what they have previously stated in the investigation when they are on the record. records, of what is declared in judgment, when they are intended to prove their saying, or when it is intended to offer proof of rebuttal to their own facts that are relevant to the matter of judgment.
Article 374. Objections
Question objection must be raised before the witness issues an answer. The Judge will analyse the question and his objection and if he considers the origin of the question to be obvious, it will be settled. Against this determination no resource is supported.
Article 375. Hostile witness
The Court of Procedure will allow the test bidder to ask suggestive questions when warning that the witness is being driven in a hostile manner.
Article 376. Reading for memory support or to demonstrate or overcome contradictions in audience
During the questioning and cross-examination of the defendant, the witness or the expert, they will be able to read part of their interviews, previous statements, documents by they have been drawn up or any other record of acts in which they have participated, making any kind of demonstration, where necessary to support the memory of the declarant, to overcome or to evidence contradictions, or to request the Relevant clarifications.
For the same purpose it may be read during the declaration of an expert part of the report which he has prepared.
Statement of the defendant
Article 377. Defendant's statement on trial
The defendant will be able to render his statement at any time during the hearing. In such a case, the judge presiding over the hearing will allow him to do so freely or answer questions from the parties. In this case, the previous statements made by the defendant may be used, for memory support, to show or to overcome contradictions. The Court may ask questions to clarify its position.
The defendant may request to be heard, in order to clarify or supplement his or her manifestations, provided that he preserves the discipline in the hearing.
In the defendant's statement, the same rules for the development of the interrogation will be followed. The person must declare with freedom of movement, without the use of safety instruments, except where absolutely indispensable to prevent his escape or damage to other persons.
Article 378. Absence of defendant on trial
If the defendant decides not to testify in the trial, no prior statement that he has rendered can be incorporated in the trial as evidence, nor can they be used in the trial under no concept.
Article 379. Defendant's rights in trial
In the course of the debate, the defendant will have the right to request the floor to make all the statements he considers relevant, even if abstaining from stating, provided that they relate to the subject matter of the debate.
The judge presiding over the trial hearing will prevent any divagation and if the defendant persisted in that behavior, he may order that he be removed from the hearing. The defendant may, during the course of the debate, speak freely with his/her Ombudsman, without the hearing being suspended; however, he may not be able to do so during his/her statement or before answering questions asked to him or you can admit any suggestions.
Documentary and material testing
Article 380. Document Concept
Any material support that contains information about any event will be considered a document. Those who question the authenticity of the document will have the burden of proving their claims. The court, at the request of the parties concerned, may dispense with the full reading of written documents or reports, or of the total reproduction of a video recording or recording, in order to read or partially reproduce the document or the recording on the conductive part.
Article 381. Reproduction in technology media
In the event that the test data or the test is contained in digital, electronic, optical or any other technology and the Judicial Authority does not have the means necessary for its reproduction, the part that offers them must provide or facilitate. Where the offeror, after warning does not provide the appropriate means for its reproduction, shall not be able to carry out the discharge.
Article 382. Best Document Prevalence
Any document that guarantees improved fidelity in the reproduction of the content of the tests must prevail over any other.
Article 383. Test Check-in
Documents, objects and other elements of conviction, upon their incorporation in judgment, shall be displayed to the accused, to the witnesses or interpreters and to the experts, to be recognized or informed about them.
Only the material or documentary evidence that has been previously accredited may be incorporated in the judgment.
Article 384. Prohibition of incorporation of a procedural background
It will not be possible to invoke, to read or to admit or to vent as a means of proof to the debate no antecedent that has relation to the proposition, discussion, acceptance, The source, rejection or revocation of a conditional suspension of the process, of a restorative agreement or the processing of an abbreviated procedure.
Article 385. Prohibition of reading and incorporation into the trial of records of research and documents
Cannot be incorporated or invoked as a means of proof or read during the debate, to the records and other documents that give account of the actions carried out by the Police or the Public Ministry in the investigation, with the exception of the cases expressly provided for in this Code.
They may not be incorporated as a means of proof or read to documents or documents that account for actions declared null or in which they have been infringed fundamental rights.
Article 386. Exception for incorporation by reading previous statements
The records in which statements or reports of witnesses, experts or accused persons, only in the case of witnesses, may be incorporated in the judgment, upon reading or reproduction. the following cases:
I. The witness or co-defendant has passed away, has a temporary or permanent mental disorder or has lost the ability to declare in judgment and, for that reason, it would not have been possible to request his or her early warning, or
II. When the appearance of witnesses, experts or co-defendants, is attributable to the defendant.
Any of these circumstances must be duly accredited.
Article 387. Pre-supported material or documentary check-in
In accordance with the previous article, only the previously admitted material and documentary evidence may be incorporated, except for the exceptions provided for in this article. Code.
Article 388. Other tests
In addition to those provided for in this Code, further evidence may be used where fundamental rights are not affected.
Article 389. Constitution of the Court in different places
When requested by the parties for the appropriate assessment of certain relevant circumstances of the case, the Court of Justice may be a place other than the hearing room.
Article 390. New and refutation test media
The Court of Justice may order the receipt of new evidence media, either on supervenlient facts or on those that were not offered in a timely manner. any of the parties, provided it is justified not to have previously known about their existence.
If, on the occasion of the surrender of a means of proof, a controversy arises exclusively related to its veracity, authenticity or integrity, the Tribunal Prosecution may admit and vent new means of proof, even if they have not been offered in a timely manner, provided that it has not been possible to provide for their need.
The test medium must be offered before the debate is closed, for which the Court of Justice will have to safeguard the opportunity of the offer of the supervenlient or rebuttal test means, in order to prepare the counter-interrogations of witnesses or experts, as the case may be, and to offer the practice of various means of testing, aimed at controverting them.
TRIAL HEARING DEVELOPMENT
Article 391. Opening the hearing of judgment
On the day and time fixed, the Court of Justice shall be constituted at the place appointed for the hearing. The person who is in charge shall verify the presence of the other judges, the parties, the witnesses, experts or interpreters who are required to participate in the debate and the existence of the things to be displayed in the debate, and shall declare it open. Warn the defendant and the public about the importance and significance of what will occur in the hearing and indicate the defendant who is attentive to it.
When a witness or expert is not present at the start of the hearing, but has been duly notified to attend at a later time and is assured The debate may begin.
The judge presiding over the trial hearing will point out the charges that will have to be the subject of the trial contained in the order of its opening and the probative agreements to the parties have arrived.
Article 392. Incidents at trial hearing
The incidents promoted in the course of the trial hearing will be resolved immediately by the Court of Justice, except by its nature. the hearing needs to be suspended.
Decisions that fall on these incidents will not be subject to any recourse.
Article 393. Division of single debate
If the prosecution has several punishable facts attributed to one or more defendants, the Court of Justice may, even at the request of a party, provide that the discussions are carried out separately, but continuously.
The Court of Justice may have the division of a debate at that time and in the same way, where appropriate to properly resolve the matter. penalty and for a better defense of the accused.
Item 394. Opening arguments
Once the debate is open, the judge presiding over the trial hearing will give the floor to the Public Ministry to give concrete and oral evidence of the accusation. and a summary description of the evidence to be used to demonstrate this. The word shall be given to the legal adviser of the victim or offended, if any, for the same purposes. The Ombudsman shall then be given the floor, who may express what is in the interest of the defendant in a specific and oral manner.
Article 395. Order of receipt of evidence at trial hearing
Each party will determine the order in which it will de-drown its means of proof. It is up to the public to receive the means of proof first admitted to the Public Ministry, subsequently those of the victim or offended of the crime and finally those of the defense.
Article 396. Orality at the trial hearing
The hearing of judgment will be oral at all times.
Article 397. Decisions in the audience
The determinations of the Court of Justice will be issued orally. The hearings are presumed to be the legal action of the parties and the court, so it is not necessary to invoke the legal provisions on which they are based, except where during the hearings of the parties the parties request the It is clear from the opposing party or the judicial authority because there is doubt about it. Written decisions shall be based on the provisions on which they are based.
Article 398. Legal reclassification
In both the opening argument and the closing argument, the Public Ministry will be able to raise a reclassification with respect to the crime invoked in its indictment. In this case, the judge presiding over the hearing will give the defendant and his/her Ombudsman the opportunity to express themselves in this respect, and inform them of their right to request the suspension of the debate to provide further evidence or to prepare their intervention. Where this right is exercised, the Court of Justice shall suspend the debate for a period which, under no circumstances, may exceed that laid down for the suspension of the debate provided for in this Code.
Article 399. Closing arguments and closing the debate
Concluded the proof-out, the judge presiding the hearing of judgment will give the word to the Public Ministry, to the legal adviser of the the victim or offence of the offence and the Ombudsman, in order to expose their closing arguments. The Public Ministry and the Ombudsman will be given the opportunity to replicate and duplicate. The reply may only refer to the case expressed by the Ombudsman in his closing argument and doubles it to what was expressed by the Public Ministry or the victim or offended of the crime in the replica. The final word will be given to the defendant and the debate will end in the end.
DELIBERATION, FAILURE, AND STATEMENT
Article 400. Deliberation
Immediately after the debate is concluded, the Tribunal will order a recess to deliberate in private, continuous and isolated form, until the judgment is issued. corresponding. The deliberation may not exceed 24 hours or be suspended, except in the case of a serious illness of the Judge or a member of the Court. In this case, the suspension of the deliberation may not be extended for more than ten working days, after which the Judge or members of the Tribunal must be replaced and the trial shall be held again.
Article 401. Failure emission
Once the deliberation has been completed, the Court of Justice will be constituted again in the hearing room, after being called orally or by any means all parties, for the purpose of the Judge relator communicating the respective judgment.
The failure should point to:
I. The decision of acquittal or conviction;
II. If the decision was taken unanimously or by a majority of members of the Court, and
III. The succinct relationship of the fundamentals and reasons behind it.
In case of conviction, the same hearing of the ruling will indicate the date on which the hearing of the individualization of the sanctions and reparation will be held of the damage, within a time limit which may not exceed five days.
In case of acquittal, the Court of Justice may defer the wording of the sentence for up to five days, which shall be communicated to the parties.
Communicated to the parties the absolute decision, the Court of Justice will immediately have the lifting of the precautionary measures that have been decreed against the defendant and order to take note of such an uprising in any index or public and police record in which they appear, as well as their immediate freedom without the possibility of maintaining such measures for the completion of formalities administrative. The cancellation of the warranties of appearance and repair of the damage that have been granted will also be ordered.
The Court of Justice will read and explain the judgment in public hearing. If, at the date and time fixed for the holding of that hearing, no person is present, the reading and explanation shall be dispensed with and shall be notified to all parties.
Article 402. Conviction of the Court of Procedure
The Court of Justice will appreciate the test according to its free conviction drawn from the whole of the debate, in a free and logical manner; they will only be appraised and submitted to rational criticism, the means of proof obtained lawfully and incorporated into the debate according to the provisions of this Code.
In the judgment, the Court of Justice must take charge of the statement of reasons for the whole test produced, including that which it has dismissed, the reasons which you have taken into account to do so. This statement of reasons shall enable the reasoning used to be reproduced to be reproduced in order to reach the judgment.
No one will be able to be convicted, but when the Tribunal that judges it acquires conviction beyond reasonable doubt, that the defendant is responsible for the commission of the made by the one who followed the trial. Doubt always favors the defendant.
You cannot condemn a person with the merit of your own statement.
Article 403. Statement requirements
The statement will contain:
I. The mention of the Court of Procedure and the name of the Judge or Judges who make up the Court;
II. The date it is dictated;
III. Identification of the defendant and the victim or offended;
IV. The statement of the facts and the circumstances or elements which have been the subject of the charge and, where appropriate, the damages claimed, the claim for repair and the defences of the accused;
V. A brief, succinct description of the test content;
VI. The assessment of the means of evidence to substantiate the conclusions reached by the Court of Justice;
VII. The reasons they serve to found the resolution;
VIII. The clear, logical and complete determination and exposure of each of the facts and circumstances considered to be proven and the assessment of the evidence supporting those findings;
IX. The resolvers of acquittal or conviction in which, where appropriate, the Court of Justice gives a ruling on the repair of the damage and establishes the amount of the corresponding compensation, and
X. The signature of the Judge or members of the Court of Justice.
Article 404. Writing the statement
If the court is collegiate, once issued and exposed, the judgment will be written by one of its members. The judges shall decide by unanimity or by a majority of votes, and may establish their conclusions separately or jointly if they agree. The dissenting vote will be written by its author. The statement will indicate the name of your editor.
The statement will produce its effects from the time of its explanation and not from its written formulation.
Article 405. Absolute statement
In the absolute judgment, the Court of Justice will order that the lifting of the precautionary measures be taken into account, at any rate or public register and police on which they appear, and will be executable immediately.
In its absolute judgment the Court of Justice will determine the cause of exclusion of the offence, for which it may take as a reference, where appropriate, the causes of atypical, of justification or guilt, under the following categories:
I. They are causes of atypical: the absence of will or of conduct, the lack of any of the elements of the penal type, the consent of the victim that falls on some legal good available, the error of due type that falls on some element of the criminal type which it does not admit, in accordance with the catalogue of offences liable to be used in the form of a fault laid down in the applicable criminal law, as well as the error of an invincible type;
II. These are grounds for justification: the presumed consent, the legitimate defense, the state of supporting necessity, the exercise of a right and the fulfillment of a duty, or
III. They are causes of guilt: the error of invincible prohibition, the state of apology, the unimputability, and the unenforceability of other conduct.
If this is the case, the Court of Justice may also take as a reference that the error of an inexpable prohibition only attenuates guilt and thereby attenuates also the penalty, leaving the presence of the dolo subsisting, just as in the cases of excess of legitimate defense and diminished imputability.
Article 406. Conviction sentence
The sentence will fix the penalties, or the security measure, and will decide on the suspension of the sentences and the eventual application of some of the alternative measures to the deprivation or restriction of freedom provided for in the law.
The sentence I will condemn to a custodial sentence must express precisely the day from which it will begin to be counted and set the time of detention or preventive prison to serve as a basis for compliance.
The conviction shall also have the confiscation of the instruments or effects of the offence or its restitution, where appropriate.
The Trial Court will condemn the repair of the damage.
When the test produced does not allow the amount of damages, or the corresponding compensation, to be established with certainty, the Court of Justice may, in general, order to make good the damage and to order that they be liquidated in execution of the judgment by incidental means, provided that they have been demonstrated, as well as their duty to repair them.
The Court of Justice will only dictate a conviction when there is conviction of the guilt of the sentenced, under the general principle that the burden of the proof to prove the guilt corresponds to the accusing party, as determined by the criminal type in question.
The sentencing sentence will indicate the margins of the punishment of the crime and the elements of the legal classification will be fully accredited; it is to say, the criminal nature that is attributed, the extent of the execution of the event, the form of intervention and the intentional or culpable nature of the conduct, as well as the degree of injury or risk of the legal good.
The sentence will refer to the objective, subjective and normative elements of the corresponding criminal type, specifying whether the criminal type is consumed or performed in the degree of intent, as well as the way in which the active subject has intervened for the conduct of the type, as it is in some form of authorship or participation, and the wilful or culpable nature of the typical conduct.
In any sentence of conviction it will be argued that the sentenced person is not favored by any of the causes of the atypical, justification or guilt; Similarly, reference shall be made to the aggravating or mitigating factors which have taken place and to the type of crime contest if the case is not present.
Article 407. Statement congruence
The conviction sentence cannot exceed the facts tested in judgment.
Item 408. Means of testing in the individualization of penalties and repair of damage
The proof of the means of proof for the individualization of sanctions and reparation of the damage will proceed after having resolved on the responsibility of the sentenced.
The debate will begin with the proof of the means of proof that have been admitted in the intermediate stage. In the case of the means of proof, the rules relating to oral judgment shall apply.
Article 409. Hearing the individualization of penalties and repair of damage
After the opening of the hearing for the individualization of the interveners, the Court of Justice will point out the matter of the hearing, and give the floor to the parties to issue, where appropriate, their opening arguments. It will then ask the parties to determine the order in which they wish to take the means of proof and to declare the debate open. This will start with the proof of the means of proof and will continue with the closing arguments of the parties.
Closed the debate, the Tribunal will deliberate briefly and proceed to demonstrate with respect to the sanction to impose on the sentenced and on the reparation the damage caused to the victim or offended. It shall also fix the penalties and decide on the possible application of any of the alternative measures to the prison sentence or on its suspension, and shall indicate in what form the damage shall be repaired. Within five days of this hearing, the Court will draw up the judgment.
The absence of the victim who has been duly notified shall not be an impediment to the holding of the hearing.
Article 410. Criteria for the individualisation of criminal sanctions or security measure
The Court of Justice when individualizing applicable security penalties or measures shall take into consideration the following:
Within the margins of punishment established in the criminal laws, the Court of Justice will individualize the sanction by taking as a reference the gravity of the typical and anti-legal conduct, as well as the degree of guilt of the sentenced person. Non-ancillary security measures and the legal consequences applicable to moral persons shall be individualized taking into account only the seriousness of the typical and anti-legal conduct.
The seriousness of the typical and anti-legal conduct will be determined by the value of the legal good, its degree of affectation, the wilful or culpable nature of the conduct, the means employed, the circumstances of time, mode, place or occasion of the event, as well as the manner of intervention of the sentenced.
The degree of guilt will be determined by the judgment of reproach, according to the sentenced person, under the circumstances and characteristics of the fact, the possibility It is a matter of a different kind of behaviour and respect for the rule of law. If several persons intervened in the same event, each one of them will be sanctioned according to the degree of their own guilt.
To determine the degree of culpability will also take into account the motives that drove the conduct of the sentenced, the physiological and psychological conditions. specific to the fact that he was at the time of the commission of the fact, the age, the educational level, the customs, the social and cultural conditions, as well as the ties of kinship, friendship or relationship that I kept with the victim or offended. The other special circumstances of the sentenced, victim or offended shall also be taken into account, provided they are relevant to the individualization of the penalty.
Expert opinions and other means of proof for the purposes set out in this Article may be taken into consideration.
When the sentenced person belongs to an ethnic group or indigenous people, they will take into account, in addition to the above aspects, their uses and customs.
In case of a real contest, the most serious crime will be imposed, which can be increased with the penalties provided for by the law for each of the remaining crimes, without which exceeds the maximum limits laid down in the applicable criminal law. In the event of an ideal contest, the penalties for the offence which merit the greatest penalty shall be imposed, which may be increased without exceeding half the maximum duration of the corresponding penalties for the remaining offences, the penalties applicable are of the same nature; where they are of a different nature, the legal consequences identified for the other offences may be imposed. There will be no contest when the conduct constitutes a continuing offence; however, in these cases the criminal penalty will be increased by up to one half of the maximum of the offence committed.
The increase or decrease of the penalty, based on personal relationships or in the subjective circumstances of the author of a crime, shall not apply to the other subjects who intervened in that. Where those based on objective circumstances shall be applicable, provided that the other subjects are aware of them.
Article 411. Issuing and exposing the statements
The Court of Procedure must explain any sentence of acquittal or conviction.
Article 412. Firm statement
As soon as they are not promptly appealed, the court decisions will be firm and enforceable without any need for a declaration.
Article 413. Remission of the statement
The Court of Justice within three days of the conviction that the sentence is final must be sent to the Judge the relevant enforcement and the prison authorities involved in the enforcement procedure for their due compliance.
This provision will also be applicable in cases of convictions handed down in the abbreviated procedure.
PROCEDURE FOR UNIMPEACHABLE PEOPLE
Article 414. Procedure for applying reasonable adjustments to the initial hearing
If in the course of the initial hearing, there are indications that the imputed is in any of the alleged inimputability under the General Part of the Code Criminal law applicable, any of the parties may request the control court to order the practice of expert opinions to determine whether or not it is inimputable, if the inimputability is permanent or temporary and, where appropriate, whether the was caused by the imputed. The hearing will continue with the same general rules but reasonable adjustments will be provided to be determined by the Control Judge to ensure access to the person's justice.
In cases where the person is being held, the Public Ministry will have to make reasonable adjustments to avoid a greater degree of vulnerability and respect for their personal integrity. For such purposes, it will be able to request the practice of those experts to determine the type of inimputability it has, as well as whether it is permanent or temporary and, if it is possible to define whether it was caused by the retained.
Article 415. Identification of the unimputability assumptions
If the imputed has been linked to a process and is estimated to be in a situation of inimputability, the parties may request the Control Judge to carry out the proceedings. The necessary expertise to determine whether such an end is credited, as well as whether the inimputability of the person may or may not be provided by the person.
Article 416. Adjustments to the procedure
If the unimputability status of the subject is determined, the ordinary procedure will be applied by observing the general due process rules with the a procedure which, in the specific case, is agreed by the Court of Justice, listening to the Public Ministry and the Ombudsman, in order to prove the person's participation in the event attributed and, where appropriate, to determine the application of the security measures that are deemed relevant.
In case the status of unimputability ceases, the ordinary procedure will be continued without the respective adjustments.
Article 417. Precautionary measures applicable to inimputable
Precautionary measures may be imposed on unimpeachable persons, in accordance with the rules of the ordinary procedure, with the adjustments to the procedure provided by the Judge control for the case in which it comes from.
The mere fact of being imputable will not be sufficient reason to impose precautionary measures.
Article 418. Short procedure prohibition
The abbreviated procedure will not be applicable to unimpeachable people.
Article 419. Case resolution
Proven the existence of the fact that the law indicates as a crime and that the unimpeachable intervened in his commission, either as an author or as a participant, without his favor operating a cause of justification provided for in the substantive codes, the Court of Justice will rule on the case indicating that there is sufficient basis for the imposition of the applicable security measure; it shall also be the responsibility of the Authority to determine the individualisation of the measure, in the case of the need for a positive special prevention, while respecting the criteria of proportionality and minimum intervention. If these requirements are not proven, the Court of Procedure shall absolve the inimputable.
The security measure in no case may have a longer duration than the penalty that might be applicable to it in case it is imputable.
INDIGENOUS PEOPLES AND COMMUNITIES
Article 420. Indigenous peoples and communities
When dealing with crimes that affect the legal goods of a people or indigenous community or personal property of one of its members, and both the imputed and the victim, or in his case his relatives, accept the way in which the community, according to its own normative systems in the regulation and solution of its internal conflicts propose to resolve the conflict, will declare the extinction of the criminal action, except in cases where the solution does not consider the gender perspective, the dignity of persons, the higher interest of children and girls or the right to a life free of violence towards women.
In such cases, any member of the indigenous community may request that they be declared before the competent Judge.
They are excluded from the above, the offences foreseen for the official preventive prison in this Code and in the applicable law.
LEGAL PERSONS PROCEDURE
Article 421. Exercise of criminal action
When a member or representative of a legal person, with the exception of state institutions, commits a criminal act with the means that for such an object provide that legal person, in such a way as to be committed in the name, under the protection or for the benefit of that person, the Public Ministry shall take criminal action against it only if it has also exercised criminal action against the natural person who must respond to the offence committed.
Article 422. Research
When the Public Ministry has knowledge of the possible commission of a crime in which a legal person is involved, in the terms provided for in the previous article will start the corresponding investigation.
In the event that during the investigation the insurance of the goods is executed and it is necessary that some of the natural persons referred to in the previous article must (a) to go to the Public Prosecutor's Office, which shall give the representative of the legal person the opportunity to make known to him his rights and to express what is appropriate to his right.
In no case shall the representative of the legal person who has the character of imputed represent it.
Article 423. Formulation of imputation and linkage to process
In the initial hearing conducted to make the physical person imputation, the representative of the legal person, assisted by the Ombudsman, shall be made known, the charges that are filed against his or her representative, in order for that representative or his/her Ombudsman to express what is appropriate to his/her right.
The representative of the legal person, assisted by the appointed Ombudsman, may participate in all acts of the procedure. In such a virtue they shall be notified of all acts which they have the right to know, they shall be summoned to the hearings, they may offer means of proof, to de-choke evidence, to promote incidents, to formulate pleadings and to interject the resources coming against the decisions which the legal person may prejudice.
The judicial authority shall decide whether the legal person concerned should be self-determined or not be bound by the process.
Article 424. Forms of early termination
During the process, in order to determine the criminal liability of the legal person, the anticipated forms of termination of the process may be applied, and the special procedures provided for in this Code.
Article 425. Statements
In the judgment handed down, the Court of Justice shall decide on the relevant person and the legal person, imposing on it, where appropriate, the sanction from.
As not provided for by this Chapter, the rules of the ordinary procedure provided for in this Code shall apply as far as is compatible.
CRIMINAL ACTION FOR PARTICULAR
Article 426. Criminal action by individuals
The exercise of the criminal action corresponds to the Public Ministry, but it may be exercised by individuals who have the quality of the victim or offended in the cases and in accordance with the provisions of this Code.
Article 427. Cause accumulation
Only the accumulation of criminal action procedures by individuals with public criminal action procedures will proceed when the same facts exist and exist. party identity.
Article 428. Assumptions and conditions in which criminal action is taken by individuals
The victim or offended person may exercise criminal action only in the offences pursued by complaint, the penalty of which is an alternative, other than the deprivation of the the maximum penalty does not exceed three years in prison.
The victim or offended person may go directly to the Control Judge, exercising criminal action for individuals in case he has data to establish that he/she is has committed a fact that the law indicates as a crime and there is a likelihood that the defendant committed or participated in his commission. In this case, you must provide the proof data to support your action, without the need to go to the Public Ministry.
When the investigation of the crime is necessary to carry out acts of nuisance that require judicial control, the victim or offended must go to the Judge of control. When the act of nuisance does not require judicial control, the victim or offended must come before the Public Ministry for the purpose of carrying out the act. In both cases, the Public Ministry will continue the investigation and, if appropriate, decide on the exercise of criminal action.
Article 429. Formal and material requirements
The exercise of the criminal action shall, in particular, make the filing of the complaint and shall be supported by the Judge of Control with the requirements following:
I. The name and address of the victim or offended;
II. If the victim or the offence is a legal person, his or her registered office, as well as that of his legal representative, shall be indicated;
III. The name of the imputed and, if applicable, any data that permits its location;
IV. The identification of the facts that are considered criminal, the evidence that establishes them and determine the probability that the accused committed them or participated in their commission, those who credit the damages caused and their amount approximate, as well as those who establish the quality of victim or offended;
V. The fundamentals of the right on which the action is based, and
VI. The request that is formulated, expressed with clarity and precision.
Article 430. Content of the request
The individual in exercising criminal action before the Control Judge may request the following:
I. The order to appear against the defendant or his summons to the initial hearing, and
II. The claim for damage repair.
Article 431. Admission
In the hearing, the Control Judge will note that the formal and material requirements for the exercise of the particular criminal action are met.
If any of the formal requirements are not met, the Control Judge will prevent the individual from being satisfied within the same hearing and not being possible, within the next three days. If his claim is not to be remedied or his claim is inadmissible, the criminal action shall not be brought and shall not be exercised by the individual in respect of the same facts.
Admitted the criminal action promoted by the individual, the control judge will order the summons of the accused to the initial hearing, warning that in case of not attending order their appearance or apprehension, as appropriate.
The imputed must be summoned to the initial hearing at the latest within forty-eight hours after the date on which the date of the conclusion of the same.
The initial hearing must be held within five to ten days after the date on which the criminal action is admitted, informing the defendant at the time of the the citation of the right to appoint and assist with an Ombudsman of his/her choice and not to be appointed by a public defender.
Article 432. General rules
If the victim or offended decides to take the criminal action, for no reason will he be able to go to the Public Ministry to request his intervention to investigate the same facts.
The burden of proof to prove the existence of the crime and the responsibility of the accused corresponds to the particular person exercising the criminal action. The parties, on equal terms, may provide any evidence to the court that they have the legal means to challenge them.
The prosecution of the victim or offended shall be applicable to the rules provided for in the indictment filed by the Public Ministry.
In the same way, unless otherwise provided in law, in the substantial criminal action promoted by individuals, they will be observed in all that is applicable provisions relating to the procedure, provided for in this Code and alternative dispute settlement mechanisms.
INTERNATIONAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
Article 433. General provisions
The United Mexican States will lend to any foreign state that requires it or ministerial or judicial authority, both in the federal and the common jurisdiction, the more extensive assistance related to the investigation, prosecution and punishment of crimes that correspond to the jurisdiction of the latter.
The execution of the applications will be carried out according to the legislation of the United Mexican States, and the same will be drowned as soon as possible. The authorities involved shall act with the utmost diligence in order to comply with the request for legal assistance.
Article 434. Scope of application
International legal assistance is intended to provide support among competent authorities for matters of a criminal nature.
In accordance with the international commitments entered into by the Mexican State regarding legal aid, as well as the respective domestic orders, must provide the greatest collaboration for the investigation and prosecution of the offences, and in any of the proceedings within the framework of criminal proceedings which fall within the jurisdiction of the authorities of the applicant party in the time when the assistance is requested.
Legal assistance can only be invoked for obtaining the means of proof ordered by the investigating authority, or the court for better providing, but never for those offered by the defendants or their defenses, even if they are accepted or agreed upon by the judicial authorities.
Article 435. Processing and resolution
The procedures set out in this Chapter should be applied for the processing and resolution of any request for legal assistance received from abroad, where there is no international treaty. If there is a Treaty between the requesting State and the United Mexican States, the latter's provisions shall govern the processing and deahlogue of the request for legal assistance.
All that is not specifically contemplated in a Treaty of Legal Assistance, the provisions of this Code shall apply.
Article 436. Principles
International legal assistance should be governed by the following principles:
I. Conexity. Any request for assistance to be sourced must necessarily be linked to an ongoing investigation or process;
II. Specificity. Requests for international legal assistance should contain specific facts and precise requirements;
III. The Identity of Rules. Assistance shall be provided regardless of whether the fact that the application is motivated constitutes a crime under the laws of the requested State. It is excepted from the foregoing that the assistance is requested for the execution of the measures of securement or embargo, search or house registration or seizure or seizure, in which case it will be necessary that the fact that gives rise to the the procedure is also considered a crime by the law of the requested State, and
IV. Reciprocity. It consists of international collaboration between sovereign states in which equality is deprived.
Article 437. Central Authority
The Central Authority in matters of international legal assistance shall be the Attorney General of the Republic who shall exercise the powers established in this Code.
Any request for legal assistance based on existing international instruments, in accordance with the principle of international reciprocity, may be submitted for processing and attention to the Central Authority, or through the diplomatic route.
Article 438. Reciprocity
In the absence of an international agreement or treaty, the United Mexican States will assist under the principle of international reciprocity, which will be subordinated to the existence or offer by the requesting State or authority to cooperate in similar cases. Such a commitment shall be written in writing on the terms that the Central Authority may establish for such purposes.
Article 439. Scopes
Legal assistance will include:
I. Notification of procedural documents;
II. Getting tests;
III. Exchange of information and initiation of criminal proceedings at the required party;
IV. Location and identification of people and objects;
V. Reception of statements and testimonies, as well as practice of expert opinions;
VI. Execution of search or house registration and other precautionary measures; securing of objects, products or instruments of crime;
VII. Subpoena of defendants, witnesses, victims and experts to appear voluntarily before competent authority in the requesting party;
VIII. Summons and temporary transfer of persons deprived of liberty in the required party, in order to appear as witnesses or victims to the requesting party, or for other procedural actions indicated in the request for assistance;
IX. Delivery of documents, objects, and other means of testing;
X. Authorization of the presence or participation, during the execution of a request for legal assistance from representatives of the competent authorities of the requesting State or authority, and
XI. Any other form of assistance, as long as it is not prohibited by Mexican law.
Article 440. Refusal or deferral
Legal assistance requested may be denied when:
I. Compliance with the application may contravene security and public order;
II. Compliance with the application is contrary to national legislation;
III. The execution of the application is contrary to the international obligations acquired by the United Mexican States;
IV. The application relates to military jurisdiction offences;
V. The application refers to a crime that is considered political by the Mexican Government;
VI. The request for legal assistance relates to a crime punishable by death, unless the requesting party provides sufficient guarantees that the death penalty will not be imposed or that, if imposed, it will not be enforced;
VII. The request for legal assistance relates to facts on the basis of which the person subject to investigation or to proceedings has been definitively acquitted or convicted of the required party.
Compliance with the request for legal assistance may be deferred when the Central Authority considers that its execution may prejudice or hinder a ongoing investigation or court proceedings.
In case of refusal or delay of legal assistance, the Central Authority shall inform the requesting party, expressing the reasons for such a decision.
Article 441. Requests
Any request for assistance must be made in writing and in case of urgent cases it may be sent to the Central Authority by fax, e-mail or by any other means of communication permitted, under the commitment to forward the original document as soon as possible. In the case of applications from foreign authorities, the same must be accompanied by their respective translation into the Spanish language.
Article 442. Essential requirements
As minimum requirements are required that any legal assistance request must contain, the following:
I. The identity of the authority making the request;
II. The subject and nature of the investigation, procedure or diligence;
III. A brief statement of the facts;
IV. The purpose for which testing is required; information or performance;
V. The execution methods to be followed;
VI. If possible, the identity, location and nationality of any interested person, and
VII. The transcript of applicable legal provisions.
Article 443. Enforcement of requests for legal assistance from foreign authorities
The Central Authority will analyze whether the request for legal assistance meets the essential requirements and whether it is attached to the terms of the agreement or treaty. If any, if any, it shall proceed to the failure of the international agreement in accordance with the special forms and procedures indicated in the request by the requesting party, except where these are incompatible with the internal legislation.
The Central Authority shall promptly forward the information or the action and, where appropriate, the evidence obtained as a result of the application to the party requesting.
Where it is not possible to comply with the request, in whole or in part, the Central Authority shall immediately inform the requesting party and inform the requesting party of the reasons prevent their execution.
Article 444. Confidentiality and limitations in the use of information
The Central Authority, as well as those authorities who are aware of or participate in the execution and have no request for assistance, are obliged to maintain confidentiality on the content of the document and the documents that support it.
The collection of information and evidence provided in response to a request for international legal assistance may only be used for the purpose for which was requested and for the investigation or judicial process concerned, unless the express and written consent of the requesting State or the requesting authority is obtained for various purposes.
SPECIFIC FORMS OF ASSISTANCE
Article 445. Notification of procedural documents
In those assists that have the purpose of reporting documents, the name and address of the person or persons to whom they are due must be specified. notify.
When the notification is intended to make the knowledge some diligence or performance with a given date, it must be sent with an advance notice. reasonable with respect to the date of diligence.
In all cases, the Central Authority shall, without delay, carry out or process the notification of procedural documents provided by the State or the authority. requesting, in the form and terms requested.
The authority making the notification shall either raise a circumstantial act or a statement dated and signed by the addressee, including the date of the notification. and the form of notification.
Article 446. Receiving testimonials or statements from people
The requesting authority shall provide the full name of the person to whom his/her statement or testimony is to be obtained, the address where it may be located, his date of birth and a statement of questions to be answered.
Article 447. Provisioning documents, records, or tests
In the request for assistance, the requesting State or the requesting authority shall indicate the location of the required records or documents, and in the case of institutions financial, name and as far as possible the respective account number, this last requirement may vary according to the convention or treaty that applies to you.
Article 448. Locating and identifying people or objects
At the request of the requesting party, the requested party shall take all measures provided for in its legislation for the location and identification of persons and objects indicated in the application, and shall keep the applicant informed of the progress and results of its investigations.
Article 449. Search, immobilization and securing of goods
In the case of proceedings ordered by judicial authorities which are intended to carry out a search or measure for immobilization and insurance of goods, the requesting State or authority shall provide:
I. The exact location of the goods;
II. Dealing with financial institutions, the name and address of the institution and the respective account number;
III. The documentation where the relationship between the requested measures and the test elements with which it is counted is accredited, and
IV. The reasons and arguments that are held to believe that the objects, products or instruments of a crime are in the territory of the required party.
Article 450. Videoconferencing
You will be able to request the declaration of people through the video conferencing system. For this purpose, the procedure shall be carried out in accordance with the legislation in force, the said declarations shall be received by the court and with the formalities of the proof of proof.
Article 451. Moving people stopped
Where the presence of a person who is being held in the territory of the requested party is necessary, the requesting State or the requesting authority shall state the reasons sufficient evidence of the need for the transfer to be made of the knowledge, and if appropriate, obtain the authorisation by the authority to which the detained person is available.
Also, for the purposes of removal it is essential to have the express consent of the person arrested; in this case, the State or the authority The applicant shall be required to have the person in custody and to arrange for his return as soon as the request for assistance has been completed, so that an agreement between the requested authority and the requesting authority shall be established between the requested authority and the requesting authority. set a date for its return, which may be extended only in case of non- there is no legal impediment.
Article 452. Confiscation of goods
In the event that the assistance relates to the seizure of property related to the commission of a crime or any other figure with the same effects, the State or the The applicant authority shall jointly submit with the application a copy of the confiscation order duly certified by the official who issued it, as well as information on the evidence supporting the basis on which the order was issued. of confiscation and indication that the judgment is firm.
In the case of requests for legal assistance from abroad, in addition to the requirements set out above and those stipulated in the agreement or treaty treat, such procedure shall be undrowned in the terms established by this Code to regulate the confiscation figure.
Article 453. Presence and participation of representatives of the requesting party at the execution
When the requesting State or the requesting authority requests authorization for the presence and participation of its representatives as observers, it shall be empowered Discretion of the requested Central Authority to grant such authorisation.
In case of issue of the respective approval, the Central Authority shall inform the State or the requesting authority in advance of the date and place of the execution of the the request.
The requesting State or the requesting authority shall forward the relationship of the names, charges and reasons for the presence of its representatives, with a reasonable period of time in advance to the date of the execution of the request.
The diligence to be carried out shall be conducted at all times by the agent of the Public Ministry designated for this purpose, who, if appropriate, may permit the the representatives of the requesting State or the requesting authority shall ask questions or comments through their pipeline.
Article 454. Fulfillment expenses
The Mexican State shall bear all expenses related to the fulfillment of an application for international legal assistance, except for legal fees of experts and those related to the transfer of witnesses.
The Central Authority has the power to determine, in accordance with the nature of the application, those cases where it is not possible to cover the cost of its discharge, This shall be communicated immediately to the State or to the requesting authority to pay the same, or to decide whether or not to continue to fill in the request.
Article 455. Informal assistance
Any such information or documentation that may be obtained informally by the Central Authority, without any official request based on an agreement or International treaty and no formality, it is informal assistance.
This type of information or documentation will only serve as an indication to the investigating authority and may in no case be formalized, unless it is required by the figure of international legal assistance, covering all the requirements laid down in the conventions and treaties in accordance with the provisions laid down in this Code.
Article 456. General rules
Judicial decisions may be appealed only by the media and in the cases expressly provided for in this Code.
The right to appeal shall be solely for the person who is expressly granted and may be affected by the decision.
In criminal proceedings only revocation and appeal appeals will be admissible, as appropriate.
Article 457. Interposition conditions
The resources will be placed in the conditions of time and form that are determined in this Code, with specific indication of the contested part of the resolution recursion.
Article 458. Tort
The parties will only be able to challenge the court decisions that could cause them tort, as long as they have not contributed to provoking it.
The appeal must be based on the affectation that the contested act causes, as well as on the grounds that originated that tort.
Article 459. Victim or offended resource
The victim or offended, even if not constituted as an intervener, may challenge for himself or through the Public Ministry, the following resolutions:
I. Those who deal with the repair of the damage caused by the crime, when it considers that it has been harmed by it;
II. Those that end the process, and
III. Those that occur at the hearing of judgment, only if in the latter case you have participated in it.
When the victim or offended requests the Public Ministry to bring the resources that are relevant and this does not present the challenge, it will explain in writing to the requesting the reason for its proceeding as soon as possible.
Article 460. Loss and precluding of right to resort and withdrawal
The right to appeal for a judicial decision shall be lost when the resolution against which it has been expressly consented has been expressly consented to.
Precluses the right to appeal for a court decision when, after the end of the period prescribed by the law to bring an action, it has not been brought.
Those who have brought an action may desist from it before their decision. In any event, the effects of the withdrawal shall not be extended to the other appellants or to the adherents of the resource.
The Public Ministry may desist from the action brought by a reasoned determination and founded in terms of the applicable provisions. For the withdrawal of the Ombudsman to be valid, the express authorisation of the defendant shall be required.
Article 461. Scope of the resource
The Court of Justice before which the appeal is brought shall be dealt with and shall be the responsibility of the court of competent authority to be resolved, its admission or (a) the Court of First Instance (s) of the European Court of First Instance (s) of the European Court of First Instance of the European Court of First Instance of the European Court of First Instance of the European Court of First Instance ( an act of violation of fundamental rights of the person. If the court does not find violations of fundamental rights which, in such terms, must be repaired on its own initiative, it shall not be obliged to state that in the judgment.
If only one of several accused of the same crime brought an action against a resolution, the favorable decision that will be made will take advantage of the others, unless the grounds are exclusively personal to the appellant.
Article 462. Prohibition of modification to injury
Where the appeal has been brought only by the defendant or his/her Ombudsman, the contested decision may not be amended to the detriment of the person concerned.
Article 463. Effects of the interposition of resources
The interposition of a resource will not suspend the execution of the decision, except for exceptions provided in this Code.
Article 464. Rectification
The errors of law in the substantiation of the contested judgment or resolution that have not influenced the resolutive part, as well as the errors of form in the transcription, in the designation or the computation of the penalties shall not annul the resolution, but shall be corrected as soon as they are warned or indicated by any of the parties, or even of its own office.
RESOURCES IN PARTICULAR
Article 465. Provenance of the revocation facility
The appeal of revocation shall proceed at any stage of the criminal proceedings in which the judicial authority intervenes against the decisions of a mere processing to be resolved without substantiation.
The object of this appeal will be that the same Court of Justice that issued the contested decision, will examine it again and dictate the appropriate resolution.
Article 466. Processing
The revocation facility will be orally, in hearing or in writing, subject to the following rules:
I. If the resource is asserted against the resolutions delivered during the hearing, it must be promoted before the end of the hearing. The processing shall be carried out orally, immediately and in the same manner as the judgment shall be delivered, or
II. If the appeal is brought against a judgment given outside the hearing, it must be brought in writing within two days of the notification of the contested decision, stating the reasons for which it is sought. The court or tribunal shall act in a flat manner, but may hear the other parties in advance within two days of the appeal, if it is a matter of such complexity as such.
The resolution that decides the oral revocation in an oral hearing must be issued immediately; the resolution that decides the written revocation shall be issued within three days of its interposition; in the event that the court is summoned by the court for the complexity of the case, it shall settle in that case.
General appeal rules
Article 467. Appable Control Judge Resolutions
The following resolutions issued by the Control Judge will be appealable:
I. Those that deny the test preview;
II. Those who deny the possibility of concluding restorative agreements or do not ratify them;
III. The refusal or cancellation of the apprehension order;
IV. The refusal of the search order;
V. Those who speak about the precautionary measures or precautionary measures;
VI. Those that put an end to the procedure or suspend it;
VII. The car that resolves the binding of the imputed to process;
VIII. Those who grant, deny or revoke the conditional suspension of the process;
IX. The refusal to open the abbreviated procedure;
X. The definitive statement given in the abbreviated procedure, or
XI. Those that exclude some test media.
Article 468. Appeals court rulings
The following resolutions issued by the Court of Procedure shall be appable:
I. Those who deal with the withdrawal of criminal action by the Public Ministry;
II. The final judgment in relation to those considerations contained in the judgment, other than the assessment of the evidence provided that they do not compromise the principle of immediate action or those acts involving a serious breach of due process.
Article 469. Record request for appeal
Immediately after the court decision is pronounced to appeal, the parties will be able to request a copy of the audio and video recording of the hearing in the which was issued without prejudice to obtaining a copy of the written version issued in the terms set out in this Code.
Article 470. Resource inadmissibility
The Court of Appeal will declare the appeal inadmissible when:
I. It has been filed outside the deadline;
II. Be deduce against resolution that is not impeachable by appeal;
III. The person who does not legitimize it, or
IV. The letter of interposition lacks the basis of tort or concrete requests.
Article 471. Processing the appeal
The appeal against the decisions of the Judge of Control shall be filed in writing before the same Judge who issued the judgment, within three days of from that in which the notification takes effect if it is a self-or any other provision and five days if it is a final judgment.
In cases of appeal on the withdrawal of the criminal action by the Public Ministry, it will be brought before the Court of Justice that issued the resolution. within three days from the date of the notification. The appeal against the final judgments handed down by the Court of Justice shall be brought before the Court which has heard the judgment, within 10 days of the notification of the contested decision, by written in which the provisions of the offence and the relevant reasons for tort are specified.
In the case of an appeal, the address must be registered or the means to be notified must be authorized; in the event that the Court of Justice has jurisdiction to know of the appeal is based in a place other than that of the process, the parties must establish a new domicile in the jurisdiction of that to receive notifications or the means to receive them.
Grievances must be expressed in the same written application; the appellant must display a copy for the registration and one for each of the other parts. If the copies are completely or partially missing, you will be required to present the omitted within the 24-hour term. In the event that they do not exhibit them, the court shall treat them and impose a fine of ten to one hundred and fifty days ' salary, except where the latter is the accused or the victim or offended.
In the case of the appeal, the court must transfer the appeal to the parties to take a decision within three days of the appeal. exposed to, and address, address or means in the terms of the second paragraph of this Article.
When the action is brought, when it is answered or when it is adhered to, the persons concerned may express in their letter their wish to make oral arguments on the The Court of First Instance was.
Article 472. Effect of the resource
As a general rule, the appeal does not suspend the execution of the contested judgment.
In the case of the appeal against the exclusion of evidence, the interposition of the appeal will have the immediate effect of suspending the time limit for the order to open the judgment of the Court of Justice, in consideration of the decision of the Court of Justice.
Article 473. Right to membership
Who has the right to appeal may, within three days of receipt of the transfer, accede to the action brought by any of the other parties, provided that it complies with the other formal requirements for interposition. Those who adhere may make grievances. The accession shall be carried out to the other parties within a period of three days.
Article 474. Sent to competent alzada court
Terminated the time limits granted to the parties for the substantiation of the appeal, the Court of Justice shall send the relevant records to the Court of Show that you need to know about it.
Article 475. Proceedings of the Court of Appeal
Received the corresponding records of the appeal, the Court of Appeal will decide on the admission of the appeal.
Article 476. Site to other parties
If, when the appeal is brought, when it is answered or when it is adhered to it, some of the interested parties express their wish to give orally clarifying arguments on the grievances, or where the Court of Appeal considers it relevant, shall have a place and date for the holding of the hearing, which shall take place within five to 15 days after the end of the period for accession.
The Court of Appeal, in the event that the parties seek to give oral arguments orally or if they consider it relevant, will cite a hearing of pleadings for the holding of the hearing for the parties to give orally their clarification on grievances, which shall take place within five days of the admission of the appeal.
Article 477. Hearing
Once the hearing has been opened, the appellant shall be given the floor to issue its explanatory statements on the grievances expressed in writing, without may raise new concepts of tort.
In the hearing, the Court of Appeal may request clarification from the parties on the issues raised in their writings.
Article 478. Conclusion of the hearing
The statement that resolves the resource referred to in this section may be given out of hand, in hearing or in writing within three days of the celebration of the same.
Article 479. Statement
The statement will confirm, modify, or revoke the contested resolution, or order the replacement of the act that resulted in it.
In case the appeal is made on evidentiary exclusions, the Court of Appeal will require the opening order to the Control Judge, so that the case may be included in the the means or means of evidence unduly excluded, and the above refers to the Court of Justice.
Article 480. Effects of the appeal for serious due process violations
When the appeal is filed for serious violations of due process, its purpose will be to examine that the statement has been issued on the basis of a process without violations of the rights of the parties and determine, where appropriate, where it is strictly necessary, to order the replacement of procedural acts in which fundamental rights have been violated.
Article 481. Subject matter of the resource
The appeal for serious violations of due process may not be invoked, no new grounds for replacement of the procedure may be invoked; however, the Court The Court of Human Rights has the right to assert and to make good on its own initiative, in favour of the sentenced person, violations of his fundamental rights.
Article 482. Replacement causes
There will be a replacement of the procedure with some of the following causes:
I. When in the processing of the hearing of oral judgment or in the dictation of the judgment, fundamental rights secured by the Constitution, the laws that emanate from it and the Treaties have been infringed;
II. When the evidence that was legally admitted is not disallowed, or does not take place in accordance with the provisions laid down in this Code;
III. Where if the right of adequate defence or contradiction has been violated as long as it transcends the assessment of the Court of Procedure and causes prejudice;
IV. When the hearing of the trial has taken place in the absence of any of the persons whose continued presence is required under the sanction of nullity;
V. When in the oral judgment the provisions established by this Code on advertising, orality and concentration of the judgment have been violated, provided that the rights of the parties are infringed, or
VI. When the judgment has been pronounced by an incompetent Court of Justice or that, in the terms of this Code, it does not guarantee its impartiality.
In these cases, the Court of Appeal will determine, in accordance with the particular circumstances of the case, whether to order the partial or full replacement of the trial.
The total replacement of the trial hearing must be made in full before a different Court of Justice. In the case of partial replacement, the Court of Appeal shall determine whether it is possible to carry out the partial replacement before the same court or other other, taking into account the guarantee of the immediate effect and the principle of objectivity of the Authority. (a) the court of law, established in Sections II and IV of Article 20 (A) of the Constitution and Article 9o. of this Code.
For the declaration of nullity and the replacement shall also apply the provisions of Articles 97 to 102 of this Code.
In no case will there be a replacement of the procedure when the tort is based on the non-observance of procedural rights that do not violate fundamental rights or that do not transcend the statement.
Article 483. Causes for modifying or revoking the statement
It will be a cause of nullity of the sentence against a background rule involving a violation of a fundamental right.
In these cases, the Court of Appeal will amend or revoke the judgment. However, if this compromises the principle of inmediation, it will order the replacement of the judgment, in the terms of the previous article.
Article 484. Test
Test means may be offered when the resource is based on a defect in the process and the manner in which an act was carried out is discussed, as opposed to indicated in the proceedings, in the minutes or records of the debate, or in the judgment.
Also admissible is the proof proposed by the defendant or in his favor, even related to the determination of the facts that are discussed, when it is indispensable for support the tort that is formulated.
The parties may provide essential means of testing to resolve the claim fund, only when they have the character of the supervenent.
RECOGNITION OF INNOCENCE OF SENTENCED AND MISTRIAL
Article 485. Causes of extinction of criminal action
The punitive claim and the power to execute the penalties and security measures shall be extinguished for the following reasons:
I. Compliance with the security penalty or measure;
II. Death of the accused or sentenced;
III. Recognition of innocence of the sentenced or mistrial of the sentence;
IV. Forgiveness of the person offended in the crimes of complaint or by any other equivalent act;
VIII. Deleting the criminal type;
IX. Existence of a previous statement rendered in process established by the same facts, or
X. Compliance with the appropriate opportunity criterion or alternate solution.
Article 486. Recognition of innocence
It shall proceed when the judgment is given after the judgment has been given, in full, that the offence for which the sentence was issued did not exist or that, In the present case, the sentenced person did not participate in his or her commission, or when the evidence in which the conviction was founded is formally discredited, in irrevocable judgment.
Article 487. Cancelling the statement
The override of the execution statement will proceed in the following cases:
I. When the sentenced person has been convicted of the same facts in various trials, in which case the second sentence shall be cancelled, and
II. When a law is repealed, or the criminal type is modified or, where appropriate, the penalty for which the sentence was handed down or the sanction imposed, proceeding to apply the most favorable sentence.
The sole cause of the result will not, on its own, be based on criminal liability. On the other hand, criminal types will be limited to the exclusive protection of the legal goods necessary for adequate social coexistence.
Article 488. Request for the statement of innocence or annulment of the statement
The sentenced person who is created with the right to obtain the recognition of his innocence or the annulment of the sentence for attending any of the causes mentioned in the The Court of Appeal shall have jurisdiction to hear the appeal; it shall set out in detail in writing the cause of its application and shall accompany its application with the evidence to which it is required. display them in the respective audience.
In relation to the evidence, if the appellant does not have in his possession the documents he intends to present, he must indicate the place where they are located and ask for the The Court of Justice to be sought.
When submitting your application, the sentenced person will appoint a law degree or lawyer with professional cedula as a Defender in this proceeding, provisions of this Code; if it does not, the Court of Appeal shall appoint a Public Defender.
Article 489. Processing
Received the application, the Court of Appeal will immediately request the records of the proceedings from the court of origin or the office in which they are located and, in If the person has protested the evidence, he or she will be granted no more than ten days ' time for receipt.
Received the records and, where appropriate, the evidence of the advocate, the Court of Appeal shall cite the Public Ministry, the applicant and its Ombudsman, as well as the victim or (a) to a hearing to be held within five days of receipt of the records and the evidence, to a hearing which shall be held within five days of receipt of the records. In that hearing, the evidence offered by the advocate will be released and the public and the public ministry will be heard, so that each one will make their statements.
Within five days following the formulation of the pleadings and the conclusion of the hearing, the Court of Appeal will give judgment. If the application for the recognition of innocence or amendment of the judgment is established, the Court of Appeal shall decide to annul the contested judgment and shall give notice to the Court of Justice which it has condemned, in the judgment and publish a summary of the judgment in the Court's strates; it shall also inform the competent authority responsible for criminal enforcement of this decision, so that, where appropriate, it shall release the proceedings. absolute to the sentenced and make all the effects of the judgment cancelled, or register the modification of the sentence in the new sentence.
Article 490. Compensation
In the event that the recognition of innocence is given, it will be automatically resolved in itself on the compensation that comes in terms of the applicable provisions. The compensation may be agreed only in favour of the beneficiary or his heirs, as the case may be.
ARTICLE FIRST. Declaratory
For the purposes mentioned in the third paragraph of the second transitional article of the Decree by which different provisions of the Constitution are reformed and added Mexican United States Policy, published in the Official Journal of the Federation on June 18, 2008, states that this legislation collects the criminal prosecution system and will enter into force according to the articles next.
ARTICLE SECOND. Validity
This Code shall enter into force at the federal level gradually in the terms provided for in the Declaratory which the Congress of the Union may issue at the joint request of the Judicial Branch of the Federation, the Secretariat of the Interior and the Office of the Attorney General of the Republic, without it being able to exceed 18 June 2016.
In the case of the Federal Entities and the Federal District, this Code shall enter into force in each of them in the terms set forth in the Declaratory to the effect of the legislative body concerned, upon request of the authority in charge of the implementation of the Acute Criminal Justice System in each of them.
In all cases, between the Declaratory referred to in the preceding paragraphs and the entry into force of this Code shall mediate sixty days. natural.
ARTICLE THIRD. Abrogation
The Federal Code of Criminal Proceedings published in the Official Journal of the Federation on 30 August 1934, and those of the respective federal entities in force to the entry into force of this Decree, for the purposes of its application in criminal proceedings initiated by acts which occur from the entry into force of this Code, shall be abrogated, however with respect to the procedures (a) criminal law which, at the entry into force of this order, is in procedure, they will continue their substantiation in accordance with the applicable law at the time of the commencement of the same.
Any mention in other laws or orders of the Federal Code of Criminal Procedures or the codes of criminal procedures of the federal entities that by virtue of This Decree shall be construed as referring to this Code.
ARTICLE FOURTH. Tacit abrogation of incompatible precepts
All the rules that are opposed to this Decree are repealed, with the exception of the laws regarding military jurisdiction as well as the Federal Law against the Organized Crime.
ARTICLE QUINTO. Validation or regularisation of actions
Where, by reason of jurisdiction by jurisdiction or jurisdiction, actions are carried out in accordance with a different legal system or system to which they are referred, the Authority may the recipient court to validate them, provided that in a manner, founded and motivated, the essential guarantees of due process in the origin procedure have been respected.
In addition, those actions which are also founded and motivated by the court or tribunal which receives them may be regularised, adjust to the formalities of the procedural system to which they will be incorporated.
ARTICLE SIXTH. Process accumulation ban
The accumulation of criminal proceedings shall not proceed, where any of them is being processed in accordance with this Code and the other process in accordance with the code.
ARTICLE SEVENTH. Of the implementation and budget plans
The Federal Judiciary Council, the Federal Public Defender's Office, the Attorney General's Office, the Interior Secretariat, the Secretariat of Hacienda y Crédito Público and any dependency of the Federative Entities to which direct or indirect responsibilities are entrusted by the entry into force of this Code, must elaborate the plans and programs necessary for an adequate and correct implementation of the project and must establish within the the budget for the implementation of these programmes, the infrastructure works, the recruitment of staff, the training and all other requirements that are necessary for the implementation of these programmes. necessary to meet the objectives for the implementation of the criminal criminal system.
ARTICLE EIGHTH. Supplementary legislation
Within a period not exceeding two hundred and seventy calendar days after the publication of this Decree, the Federation and the Federative Entities shall publish the reforms to its laws and other complementary regulations that are necessary for the implementation of this order.
ARTICLE NINTH. Procedural aid
When a criminal authority receives a request for the conduct of a procedural act by an appeal, a warrant or a commission, it must follow the legal procedures in force for the authority referring to the application, with the exception of justified derogation.
DECIMAL ITEM. Specialized Police Corps
The Federation and the Federative Entities at the entry into force of the present order, must have specialized police corps with capabilities to process the scene of the probably criminal act, until all the police bodies are trained to perform such functions.
ARTICLE TENTH FIRST. Regulatory and operational adequacy
At the entry into force of this Code, in those places where the operation of the criminal prosecution process is initiated, both in the federal and the state sphere, must have the necessary equipment and protocols for the investigation and action of the substantive staff and the manual of procedures for the administrative staff, and the approval of methodological, technical and technical criteria may be envisaged. procedure, for which the organs and other organs may be coordinated authorities involved.
ARTICLE TENTH SECOND. New System Implementation Monitoring and Evaluation Committee
The Coordinating Council for the Implementation of the Criminal Justice System, an instance of national coordination created by the mandate of the ninth transitional article of the Decree of reforms and additions to the Political Constitution of the United Mexican States published on June 18, 2008, will constitute a Committee for the Evaluation and Follow-up of the Implementation of the New System, which will transmit a report half-yearly to the Council.
ARTICLE TENTH THIRD. Legislative review
As of the entry into force of the National Code of Criminal Procedures, the Judicial Branch of the Federation, the Attorney General's Office, the Commission National Security, the National Commission of Superior Courts of Justice of the United Mexican States and the National Conference of Attorneys will send, in a half-yearly manner, the necessary information to the effect that the Justice of both Chambers of the Congress of the Union assess the functioning and operativity of the provisions contained in this Code.
Mexico, D.F., to February 5, 2014.-Sen. Raul Cervantes Andrade, President.-Dip. Ricardo Anaya Cortes, President.-Sen. Lilia Guadalupe Merodio Reza, Secretary.-Dip. Javier Orozco Gomez, Secretary.-rubrics."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to four March of two thousand fourteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.