Criminal Procedure Law: A Comprehensive Guide

Criminal Procedural Law

This encompasses the rules governing the activities within a legal procedure or process.

Key Concepts

Contradictory: Occurs when there's an opposing party, and the judge determines who exercises the right.

Without Contradiction: A voluntary application before the judge without an opposing party.

Trinomial Proceedings: Involves the judge, plaintiff, and defendant.

Guiding Principles

• Equality: All parties are treated equally under the law.
• Concentration: Parties take steps to expedite the process and gather evidence efficiently.
• Judicial Economy: Focuses on efficiency to expedite the process.
• Disposition of the Parties: Parties can request documents to understand the process, which must be transparent.
• Matching of the Sentence: The litigation must align with the final sentence.

The examining magistrate is the judge who delivers sentences.

Litigation Statement: Expands assessments. Evidence can benefit or harm a party.

Trial

Trial (Mental Operation): The judge's mental process during a trial.

Purpose of the Process: To resolve the matter with a ruling issued by the judge. This ruling should be analyzed, separating principal and accessory aspects.

The purpose of Criminal Procedural Law is to clarify the act complained of after testing.

Essential Purpose of Prosecution: To ascertain the truth and ensure justice.

General Purpose of Criminal Proceedings: Mediated social defense, involving the application of criminal law.

Fundamental Characteristics of Criminal Procedural Law

• Advertising: Making the process public, essential due to the state's involvement.
• Instrumentality: A tool used by the state to enforce substantive law.
• Unit: Regulates the behavior of all involved parties (accused, prosecution, defense, judge).
• Range: While law is a unified entity, branches exist for better understanding and study.

Relevant Articles

• Article 5: Freedom to work and its limits.
• Article 6: Freedom of expression.
• Article 7: Freedom of the press.
• Article 8: Right to petition public officials (in writing).
• Article 14: Hearing, retroactivity of law, essential procedural formalities.
• Article 16: Foundation and motivation, protection against harassment, execution of judgments.

Article 16 - Legality

Addresses bullying, requiring competent authority, written documentation, and justification.

Arrest Warrant Cases

• Flagrante delicto (in the act, including quasi-flagrante, retention, and detention)
• Urgency
• Voluntary surrender

Judicial Branch of the Federation

Protector of the Constitution.

Judicial Authority

Position of sentences.

Specific Penalties

Reparation, fine.

Jurisdiction and Competence

Federal common law and federal state.

Judicial structure and personnel allocation.

Time Limits for Recording a Person

• Organized crime: 96 hours
• Without organized crime: 48 hours

Time Limits for Judicial Processes

• Judge's receipt of declaration: 48 hours
• Judge's receipt of declaratory statement (organized crime): 48 hours
• Court to resolve legal situation: 72 hours
• Enlargement (double): 144 hours

Truth

Historical facts, legal truth, and actual truth.

Fraud

Specific fraud, rejected checks (no account or funds), certification.

Formalities

• Actions taken in duplicate, no abbreviations or erasures used.
• Each action ends with a line drawn from the last word to the end of the line.
• Insurance, replacement of records, certification by the Public Ministry.

Subjects Involved

• Active subject
• Passive subject
• Judicature
• Public Ministry

Interpreters

Required when the defendant or victim doesn't understand Spanish. Must be an adult, not a relative, advocate, or witness. If no adult interpreter is available, someone over 16 can be appointed.

Hearings

• Must be public.
• The Public Ministry must attend.
• Order and respect must be maintained.

Victims' Rights

• Legal representation and pleading under the same conditions as the defense.
• Free legal counsel.
• Medical care.
• Cooperation with the Public Ministry.
• Presence in all procedural documents where the defendant has the right.

Corrective Discipline

Fines, use of law enforcement, arrest.

Simultaneous Hearings

No two hearings can occur simultaneously, but they can happen at different times or consecutively.

Court Refunds

Classified into decrees, judgments, and incident orders. All must be resolved and justified, drafted clearly and precisely, with consistent and corresponding signatures from judges, magistrates, and the Registrar.

Time Limits

Non-renewable, except at the request of the accused or counsel.

Terms and Notifications

Begin the day after notification. Five business days, excluding weekends.

Types of Procedures

• Summary (up to 3 years, 3 days)
• Ordinary (over 3 years, 5 days)

Both have a public final hearing.

Document length and processing limits.