Mexico's New Adversarial Criminal Justice System Poses Cultural Challenges Jose Antonio Roman - La Jornada
go to original June 22, 2016

The new criminal justice system, which is based on the constitutional principle of presumed innocence, practically puts an end to oficiosa [informal, unofficial] preventive prison, stated Alfonso Pérez Daza, member of the Federal Judiciary Council (FJC).

Counselor Pérez Daza explained that judges will have to respect this principle and release people, even though they might have been arrested in flagrante [in the act] so they can carry out their defense while at liberty.

Counselor Pérez Daza clarified that preventive detention is only anticipated in the commission of nine crimes, among them are intentional homicide, rape, kidnapping, human trafficking, corruption of minors, violent crimes and drug crimes.

At a press conference, Counselor Pérez Daza underscored that this does not mean that impunity is encouraged, but that a judicial process is carried out with full respect for individual rights. With the previous [traditional, inquisitorial] system there were cases where the person turned out to be innocent after his period of detention.

Now, in the new criminal justice system, which came into force on June 18, 2016, across the country, people will only be able to be considered guilty when the judge hands down the sentence.

Read the rest at Mexico Voices

Related: Mexico's New Adversarial Criminal Justice System Insufficient - Legal Scholars (Mexico Voices)

Mexico Voices is a blogging endeavor aimed at raising the awareness of U.S. citizens regarding the destructive impact of the U.S. economic policy and the War on Drugs on Mexico — on its people, their economic and physical security and their human rights, on the nation’s dysfunctional justice system, and on the rule of law and Mexico’s fragile democracy. Visit the website at MexicoVoices.blogspot.mx

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