Criminal Law is the set of legal norms through which the State defines the conducts or omissions that constitute crimes, as well as the penalties and/or security measures to punish those who commit such crimes.

This branch is located within Public Law since the State actively intervenes in the solution of conflicts seeking to preserve public order and peace.

Principles of Criminal Law.

In Mexico this matter is regulated under an Adversarial Accusatory Court System, which was implemented based on a reform to the criminal justice system published on June 18, 2008 in the Official Journal of the Federation, which, according to the provisions of Article 20 of the Political Constitution of the United Mexican States, will be accusatory and oral, and must be governed by the principles of publicity, contradiction, concentration, continuity and immediacy, which are understood as follows:

• Principle of publicity:: hearings shall be public, so that they may be accessed not only by the parties involved in the proceeding but also by the general public, with the exceptions provided by Law.

• Principle of contradiction: The parties may know, controvert or confront the means of proof, as well as oppose the petitions and allegations of the other party.

• Principle of concentration: The hearings shall preferably be held on the same day or on consecutive days until their conclusion, except for the exceptional cases established in the Law of the matter.

• Principle of continuity Hearings shall be conducted in a continuous, successive and sequential manner.

• Principle of immediacy: All hearings shall be carried out entirely in the presence of the court, as well as of the parties that must intervene in the same.

Having established the above, we can understand the importance of the implementation of this new justice system in our country, since it seeks to guarantee the due process in our democratic State and, through it, to combat impunity and contribute to restore public confidence in the administration of justice.

Stages of a criminal proceeding:

The above-mentioned procedure comprises the following stages:

1. Investigation stage, which comprises the following phases:
   • Initial investigation, which begins with the filing of the complaint, criminal complaint or other equivalent requirement and concludes when the accused is placed at the disposal of the Judge of control to be charged;
   • Complementary investigation, which begins with the filing of the indictment and ends once the investigation has been closed;
2. Intermediate or trial preparation stage, from the filing of the indictment until the order to open the trial, and;
3. Trial stage, from the receipt of the order to open the trial until the sentence issued by the trial court.

All of the previously mentioned stages will be presided over by a Control and Oral Trial Judge of the State, who will vary as the hearings of the procedure progress; to the above mentioned we must add the stage of execution of criminal sanctions, which will be carried out by the Judge of Execution of Criminal Sanctions of the State and whose purpose is to supervise the compliance of the sanction imposed on the accused, as well as the granting or denial of the benefits to which he/she may be entitled.

Most common crimes in Mexico:

Some of the main crimes provided for in Mexican criminal law are:

• Homicide.
• Serious injuries.
• Robbery with violence.
• Drug trafficking.
• Corruption of minors.
• Kidnapping.

The penalty applicable to each of these crimes may vary depending on the seriousness of the act and the circumstances under which it was committed.

In addition to custodial sentences, Mexican criminal law also provides for other punitive measures, such as fines, restrictions of rights and obligations to repair damages.

Mexican criminal law also establishes fundamental principles that must be respected in criminal proceedings, such as the presumption of innocence, i.e., that the accused is innocent until proven guilty, the proper process of law and the right to an adequate defense.

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Having known the principles, stages and authorities within the penal system, it is more than evident that in the development of a process of this nature, a professional is needed to accompany the victim or the accused, as the case may be, this is a matter that does not know business days and hours, so it requires a 24/7 availability in case a case arises that needs the attention of an expert in the field.

For more information do not hesitate to contact us, our team is here to support you.

Lic Héctor Rodríguez.

Socio Fundador.

arodriguez@g-r.mx