Accusatory Criminal System in Latin America and the case of Mexico
The reforms in justice systems in the Latin American region have emerged since the last century by support from multilateral financial organizations such as the World Bank (BM), the United Nations Development Program (UNDP) and the Inter -American Development Bank (IDB). For example, part of the activities of the BM have been through the granting of loans and advisory work with support for reforms of the institutions of the Justice sector, the fight against corruption, the safety of citizens and economic development for better business climates andinvestment.
Likewise, the United States Agency for International Development (USAID) has sponsored programs in the region aimed at strengthening institutions that manage justice, especially in the modernization and updating of its laws with alternate methodsFor the resolution of conflicts and fight against corruption, also considering administrative reforms, institutional development and improvement of physical and computer infrastructure, without losing the point of professional training of the personnel of the Judiciary.
It is also clear that the dynamics of the new prosecution system does not respond to the cultural development of Mexican society, however, when the validity of the accusatory system into force, the various operators and authorities in charge of its implementation were taken for granted, a situation that makes itthat institutionalized corruption mainly in the so -called prosecutors, administrative management units, as well as in the jurisdictional bodies, are difficult to eradicate, existing illegalities of all kinds, such as the selectivity of affairs, of the people, of the interpretation of theCriminal Law, of the development of trials in the probative assessment, remedying and tolerating the deficiencies of the accusation body, in order to manifest the efficiency of the new prosecution system.
Despite the financial and legal aid that Mexico received from international organizations to carry out its implementation within the stipulated legal term – 2016 – the criminal system was launched with infrastructure deficiencies, operational, and legal gaps that have raisedTrends in legal, academic and civil society groups towards a counter -reform .
In this sense, reforms to the criminal system have been far from meeting the objectives linked to the delivery of justice, at least in Mexico, because, access to justice in Latin America is a deeply unequal phenomenon that has vicious originRegarding the production of norms, its discretionary application and the execution of the penalty, tending to produce-reproduce structural inequalities in the justice system;These ideas are conjugated in the logic of the modernization of criminal systems related to the criminal policy of the states and citizen security adopted by the IDB, which some authors identify with a model of pro-market judicial reform, seeking a correspondence of objectives betweenThe strengthening of efficient institutional frameworks that provide legal and political security to market actors for private investment stimulation.
It is undeniable that the implementation of the system proclaims novel and avant -garde aspects in the delivery of justice according to a globalized capitalist society, but that in applicability there is ignorance and ignorance of the operators of the prosecution system, since they continue to apply the old forms of theTraditional system, apart from respect for human rights, the presumption of innocence and due process, so we are facing a prosecution system with hard social control content disguised as an excessive guarantee that in Mexican social and cultural realitydoes not exist.
Leave feedback