The Criminal Justice System In Mexico

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The Criminal Justice System in Mexico


In 1978 John Rawls came to say that “each person has an inviolability based on justice that even the well -being of society as a whole cannot run over.”It is for this reason that justice denies that the loss of freedom for some is correct because of the fact that a greater good is shared by others. In this way it is very important to analyze that as a future lawyer, within my legal profession, I will be not only a client representative, but an operator of the legal and citizen system with a special responsibility in maintaining the quality of the justice system.


Not only being part of the administration of justice, but playing a basic role in its development. Lawyers do not have the ability to issue a sentence, however, it is no less true that their work is necessary for the proper functioning of the administration of justice. That is why the objective of the study of the degree that currently course is with the sole purpose of reaching the search for justice. Throughout history we have been able to analyze that despite all the legal and constitutional reforms that in Mexico have aimed to combat impunity and insecurity from the strength of the justice system.

However, the facts show us that our country lives an institutional crisis originated by political decisions of the current federal government that have been disastrous and the results are in sight. Hence, when you try to politicize the justice system, the results are generally unfavorable. To do this I decided to analyze the importance of the criminal justice system in its new accusatory system, paying special attention to the advantages and disadvantages to which actors are exposed in the process. Criminal Justice System. The criminal justice system through the reform published on June 18, 2008 in the Official Gazette of the Federation.

Its objective was to guarantee the due process to combat impunity and contribute to restore public confidence in the delivery of justice, in addition to privileging the repair of the damage to the victims, reinforcing due process and strengthening the presumption of innocence. In order to avoid unfair deprivation of liberty, seeking decent conditions for persons deprived of their liberty and on all aspects, providing transparency in the orality of judgments. Decreasing confusion and corruption in the institutions responsible for the delivery of justice. After the right to life, freedom is the most important value we have human beings. 

In that sense, one of the most important characteristics of the current model consists in having as a governing axis, the presumption of innocence, that is, that the person is innocent until the State through the Public Ministry, proves its guilt. Therefore, accused people may be subject to the process without restricting their freedom, in full defense of the guarantees offered by the Constitution and the laws in human rights matters. The new criminal justice system is characterized by its transparency, by promoting mediation, conciliation, for ensuring the repair of damage and for guaranteeing the human rights and individual guarantees of the victim and the accused, through the oral trial. 

Transparency is a notable point of this system, being transparent, there is a step to the equality and freedom of the accused and the victims. With the new criminal justice system in Mexico, the victims’ justice demands are solved faster, the burden of the judicial system will be reduced. For its part, public opinion extends a marked concern regarding the system is more oriented to protect people who commit crimes than victims. Mexican Criminal Justice System. In this regard the Mtro. Sales Heredia emphasized that the key is in a joint training to avoid the "procedural Babel Tower".

What happens in our country in which the police blame the prosecutor, the prosecutor holds the judge, the judge to the prosecutor and the prosecutor to the police. Who wins? The offender. The importance of adequate economic compensation for police members. We will use Ecuador. While in Mexico the rate of eight homicides to 22 homicides per 100,000 inhabitants from 2007 to 2012, in Ecuador it fell from 22 homicides to eight homicides per 100 thousand, and then continued to fall to 3.5 homicides per 100,000. How can we understand these opposite trends?.

The specialist mentioned that to be a policeman in Ecuador it is necessary to study a career and perform a professional exam to eventually enter the corporation. The salary of an average policeman formed in this way in that country is equivalent to a thousand dollars per month. This figure contrasts strongly with the five thousand pesos per month on average that a municipal police win in Mexico, but also with the eight thousand pesos that a civic judge wins, who is the one that is linked in the first -floor justice with the policeman. In such a way that we can specify that a fundamental element to implement the accusatory criminal justice system is to create police officers.

Prosecutors and experts with future, that is, with decent salaries and with a training process throughout its training process, the key is in respect and dignification. On the other hand, the reform of the constitutional article 21 established that the investigation of the crime corresponds to the Public Ministry, who requests the collection of effective evidence from the police. When specialists claim that the optimal thing is to work backwards, that is, the police have the power to investigate and that it requests the prosecutor to authorize different procedures, to obtain sufficient evidence that conforms to the investigation folder. 

On the other hand, the problem of training lies largely because it focuses on theory and not on practice when it should be in reverse, a solid formation in the resolution of cases with a deep knowledge of the tasks that correspond to make all the actors involved (judges, prosecutors, defenders and police). Because despite these advances, important challenges still persist for the Mexican State to guarantee full access to justice, such as the need to improve the training of agents and personnel of public ministries, as well as bodies police.

The above is essential to reverse arbitrary arrests of people, who suffer from physical aggressions during their arrest, so that their human rights are violated. Similarly, an improvement of the criminal justice system is that the preventive detention has stopped apply the "precautionary measures" to ensure that these people submit to the criminal process that began against them or to protect the security or integrity of the victims, offended or witnesses that declare against them. 

There are also many other legal institutions, similar to the previous one, which we could consider as socially advantageous for the population, when the criminal justice system entered into force. But, taking into consideration the weaknesses that still persist in the implementation of the criminal justice system, the operation of the system can be improved in the prosecutors and prosecutors of justice, in order to reduce the high rate of impunity, hiring a very important number of legal operators of the system and training them intensely and permanently to improve the poor scientific investigation of police elements, experts and agents of the Public Ministry.

Kelsen claimed that a man is just when his behavior agrees with an order that is considered fair. For him the aspiration of justice is the eternal aspiration of man to happiness. Justice is social happiness but no social order can fairly solve the problem that the happiness of one irremediably causes the misfortune of another. The new system aims to elaborate a radical change in the delivery of justice in Mexico, where the rights of the victim or offended and the accused in the process are guaranteed, based on the principles of advertising, contradiction, concentration, continuity and immediacy. It is intended that procedural equality exists.

Allowing the two parties to be equally circumstances to sustain the accusation or defense. Where judges must be present at the hearings to listen. The judges will be forced to issue a conviction only in cases where the trial and assessment of the evidence obtained under the strictest attachment to human rights, allow to have a full conviction of the guilt of the processing.

The new criminal justice system tries to clarify the facts, protect the innocent, ensure that the culprit does not impunity and that the damage caused by the crime is repaired. It allows justice to be given promptly, considering the particular circumstances of both the victim and the accused at the time of judgment, since the judges will have direct contact with the parties, which will allow them to know and analyze the specific case, as well as form your conviction and issue a failure with a real knowledge of the facts. The new accusatory system implements public oral trials, to guarantee the transparency of the process and the administration of justice.

The judgments will be public and oral, anyone can listen and see the arguments of the two parties. All judgments will be carried out in the presence of a judge who will be neutral, will direct the entire process and judge according to the evidence or evidence presented the guilt or innocence of accused. The trial will be continuous, day after day until ending in the sentence. The trial will be monitored by 3 judges so that there is greater transparency in the process. A control judge to ensure that the process and investigation are respected, a court of prosecution, for the phase of the oral trial and an execution judge, to supervise the trial and the sentence.


Then we have already analyzed the advantages that this criminal justice system contributes, but we must reiterate the disadvantages that it also entails. Of those that stand out, the requirement of several hearings, the requirement of trained personnel and in continuous training, adequate and relevant facilities for the judgments, and avoid sentimentality, so that the judges are strictly impartial. There is still a long way to go, so that this current criminal justice system, of accusatory and oral court, can be consolidated in Mexican reality; However, over time and through the acquisition of greater experience of its legal operators, it will be of greater benefit to the population, in the medium term.

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