Criminal Law

Criminal Law is only one of the devices by which organized societies protect the security of individual interests and ensure the survival of the group. There are, in addition, the standards of conduct instilled by family, school, and religion; the rules of the office and factory; the regulations of civil life enforced by ordinary police powers; and the sanctions available through tort actions. The distinction between Criminal Law and tort law is difficult to draw with real precision, but in general one may say that a tort is a private injury whereas a crime is conceived as an offense against the public, although the actual victim may be an individual.

The traditional approach to Criminal Law has been that a crime is an act that is morally wrong. The purpose of criminal sanctions was to make the offender give retribution for harm done and expiate his moral guilt; punishment was to be meted out in proportion to the guilt of the accused.

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According to Article I of the Political Constitution of the United Mexican States, all individuals in the country shall enjoy the guarantees established therein; in that sense, both nationals and foreigners in the national territory shall enjoy the guarantees and rights established in the Mexican Constitution.

In the Mexican Criminal Law system, there are state and federal offenses. Offenses related to organized crime, drug trafficking, human trafficking, taxes and customs operations are normally federal offenses. An arrest can be made by local, state or federal police. If you are accused of committing a federal crime, you will be turned over to the federal police and your trial will take place in a federal court.

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Recent Challenges

The effectiveness of a criminal justice system can be measured against its capacity to deter crime. If potential criminals perceive that they are likely to be penalized, whatever benefits they are seeking to reap from engaging in criminal activities are likely to be tamed. By raising the costs associated with criminality, the prosecution of crimes is part and parcel of what is required to keep crime levels to a minimum.

Evaluating the effectiveness of Mexico’s new criminal justice system (NCJS) is however elusive, mainly as a result of the conflation of factors affecting crime in Mexico. This is particularly relevant in a country where the prevalence of organized crime, the obtainability of firearms and high levels of income inequality are conducive to violence and the activities that fuel it.

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Criminal Law, the Serious Crimes

Once the complaint is formally presented by the victim, the investigation will officially begin with the objective of accusing the suspect and bringing him/her to trial. The Office of the Prosecutor will initiate the investigation, and the defendant’s freedom will depend on the seriousness of the crime of which they are accused. If the crime is as grave as homicide, rape or robbery, the accused will be arrested by the ministerial police who will present an arrest warrant and hold the accused in a temporary prison during the investigation stage. As the defendant, you will be entitled to one phone call and a translator.

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Pre-trial detention for the Mexican Criminal Law

Under the new Mexican criminal system, pre-trial detention is an exception. Pre-trial detention is only ordered for serious offenses such as voluntary homicide, rape, fraud, organized crime, drug related, kidnapping, violent crime using weapons and explosives, and crime against homeland security. Pre-trial detention will also be applied in cases of crimes where other preventive measures are not sufficient to guarantee. Detention will also occur if the accused is caught in the act or there is a warrant for the arrest, whether the crime is serious or not. When someone is arrested, the police will take you to the Ministerio Publico who will determine what kind of offense you committed and if it warrants pre-trial detention.

Criminal law los cabos concerns the system of legal rules that define what conduct is classified as a crime and how the government may prosecute individuals that commit crimes. Federal, state, and local governments all have penal codes that explain the specific crimes that they prohibit and the punishments that criminals may face. Individuals who violate federal, state, and local laws may face fines, probation, or incarceration. Lawsuits against criminals are initiated by prosecuting attorneys who act on behalf of the government to enforce the law.

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