TITLE ONE
CHAPTER I
Fundamental rights
Article 14
No law will have retroactive effect.
No one can be deprived of his freedom, properties or rights without a fair trial before previously established courts, complying with the essential formalities of the proceedings and according to those laws issued beforehand.
With regard to criminal trials, it is forbidden to impose any penalty which has not been expressly decreed by a law applicable to the crime in question, arguing mere analogy or majority of reason.
In civil trials, final sentence must agree the law writing or the legal interpretation thereof. In the case of lack of the appropriate law, sentence must be based on the general principles of law.
TITLE ONE
CHAPTER I
Fundamental rights
Article 17
Nobody can take justice into their own hands, nor have resort to violence to enforce his rights.
All people have the right to enjoy justice before the courts and under the terms and conditions set forth by the laws. The courts shall issue their rulings in a prompt, complete and impartial manner. Court’s services shall be free, judicial fees are prohibited.
TITLE ONE
CHAPTER I
Fundamental rights
Article 17
Oral proceedings shall end with a sentence, which shall be explained in a public hearing before the parties.
Federal and local laws shall provide the necessary means to guarantee the independence of the courts and the full enforcement of their rulings.
The Federation, the states and the Federal District must have a good public defender office and shall provide the conditions for a professional career service for the defenders. The defenders’ fees shall not be inferior to the public prosecutors’ fees.
TITLE ONE
CHAPTER I
Fundamental rights
Article 20
Criminal proceedings will be accusatory and oral. It shall be ruled by the principles of open trial, contradiction, concentration, continuity and contiguity.
A. General principles:
I. Criminal proceedings shall aim elucidation of the facts, innocent person’s protection, preventing impunity and redress.
II. In every hearing, a judge must be present. The judge cannot delegate to somebody else the submission and evaluation of evidence, which shall be done in a free and logic manner.
III. Only the evidence submitted in the hearing shall be used for the sentence. The law shall establish the exceptions for the above and the pertinent requirements.
IV. The trial shall be carried out before a judge who has not previously handled the case. All arguments and evidence shall be presented in a public, contradictory and oral manner.
V. The accuser must provide the evidence necessary to demonstrate defendant’s guilt. Both parties
are equal during the proceeding.
VI. No judge can talk about the trial with one of the parties without the presence of the other one, taking always into account the principle of contradiction, except for the cases predicted by this Constitution.
VII. Criminal proceeding can be terminated in advance, provided that the defendant agrees and according to the law. If the defendant, voluntarily and aware of the consequences, acknowledges his guilt and there is enough evidence to corroborate the charges, the judge shall call to a sentence hearing. The law shall establish the benefits granted to the defendant in case he accepts his guilt.
VIII. The judge shall convict only when the guilt of accused is certain.
IX. Any evidence obtained by violating the defendant’s fundamental rights shall be null and void.
X. These principles shall be observed also in the preliminary hearings.
B. Defendant’s rights
I. The defendant is innocent until proven guilty through a sentence issued by a judge.
II. Accused has the right to keep silent. From the moment of his arrest, the defendant shall be informed about the charges against him and his right to keep silent, which cannot be used against him.
All forms of intimidation, torture and lack of communication are forbidden and shall be punished by the law. Any confession made without the assistance of a defender shall have no weight as evidence.
III. Every arrested person has the right to be informed of the grounds of arrest and of his rights at the moment of his arrest and while appearing before the Public Prosecution Service or a judge. In the case of organized crimes, the judicial authority can authorize to keep the accuser’s name in secret.
The law shall establish benefits for the accused or convicted person who provides effective assistance in the investigation of felonies related to organized crime.
IV. All witnesses and any other evidence submitted by the defendant shall be admitted within the term established by law. Judicial authority shall assist defendant to enforce appearance of those witnesses whose testimony he may request, in the terms set forth by the law.
V. Defendant shall be judged in an open trial by a judge or court. This provision may be restricted for reasons related to national security, public safety, protection of victims, witnesses and minors, disclosure of legally protected data or when the court considers that it is justified to do so.
In the case of organized crime, all acts performed during the investigation shall serve as evidence when they cannot be reproduced during the trial or there is a risk for witnesses or victims. The accused has the right to object or contest such evidence.
VI. The defendant has the right to be provided with all the information on record in the proceeding for his defense.
The accused and his counsel can access to the investigation records: a) when the accused is under arrest, b) when he makes his statement or is interviewed, c) before the first hearing. Once the first hearing has been carried out, information on investigation cannot be kept in secret, except for exceptional cases determined by the law, whenever that is imperative to ensure the success of the investigation and provided that they are revealed in time to safeguard defendant’s rights.
VII. Accused shall be tried within a term of four months in the case of crimes punishable with a maximum penalty of two years of imprisonment; and within a term of one year if the crime is punishable with a penalty exceeding such term, unless he requests a longer term to prepare his defense.
VIII. Defendant has the right to a lawyer, whom he shall freely choose even from the moment of his arrest. If he does not want a lawyer or cannot appoint one, the judge shall appoint a public defender. Defendant’s lawyer is obliged to appear in all the acts related to defendant’s proceeding.
IX. Prison or arrest cannot be extended due to the lack of money to pay lawyer’s fees or any other monetary cause, civil liability or any other similar motive.
Preventive prison cannot exceed the time established by law as maximum punishment for the crime in question. In no case, preventive prison shall exceed the term of two years, unless defendant asks for a longer time to prepare his defense. If after said term a sentence has not been pronounced, the defendant shall be freed immediately while the trial continues. However, other precautionary measures may be used.
The duration of detention counts for a sentence term.
C. Victim’s rights:
I. The victim has the right to be informed about his rights and, whenever he should so require it, to be informed about the state of the criminal proceedings.
II. The Public Prosecution Service must received all the evidence submitted by the victim during the preliminary criminal inquiry as well as during proceedings. The Public Prosecution Service must carry out the necessary steps to assists the victim. The victim has the right to intervene in the trial and to use the legal instruments according to the law.
Whenever the Public Prosecution Service does not consider necessary to carry out the steps required by the victim, he must state the grounds of law and fact justifying his refusal.
III. The victim has the right to receive urgent medical and psychological assistance from the moment the crime was committed.
IV. The victim has the right to redress. Whenever it should be legally admissible, the Public Prosecution Service is obliged to require redress. The victim also can request such redress by himself.
The judge cannot acquit the convict of redress in the case of conviction.
The law shall set forth agile procedures to enforce redress sentences.
(Reformed by the decree published on July 14, 2011)
V. The judge must keep in secret victim’s identity and other personal data in the following cases: minor involved; rape, trafficking in persons, kidnap, organized crime; and when necessary to protect the victim, always respecting the defendant’s rights.
The Public Prosecution Service shall ensure the protection of victims, offended parties, witnesses and all others who take part in the trial. The judges are obliged to oversee proper compliance with this obligation.
VI. The victim can request the necessary precautionary measures to protect his rights.
VII. The victim can contest, before the judicial authority, the Public Prosecution Service’s omissions in the criminal investigation, as well as the resolutions with reservation, lack of exercising, abandonment of criminal prosecution or proceeding suspension when redress has not been completed.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 14''
No law will have retroactive effect in detriment of any person.
No one can be deprived of his freedom, properties or rights without a trial before
previously established courts, complying with the essential formalities of the
proceedings and according to those laws issued beforehand.
With regard to criminal trials, it is forbidden to impose any penalty which has not
been expressly decreed by a law applicable to the crime in question, arguing mere
analogy or majority of reason.
In civil trials, final sentence must agree with the law writing or the legal
interpretation thereof. In the case of lack of the appropriate law, sentence must be
based on the general principles of law.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 17''
Nobody can take justice into their own hands, nor have resort to violence to enforce
his rights.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 17''
The sentences by which an oral proceeding ends shall be explained in a public
hearing before the parties.
Federal and local laws shall provide the necessary means to guarantee the
independence of the courts and the full enforcement of their rulings.
The Federation, the States and the Federal District must guarantee the existence of
a quality public defender office and shall provide the conditions for a professional
career service for the defenders. The defenders’ fees shall not be inferior to the
public prosecutors’ fees.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 20''
Criminal proceedings will be oral and adversarial. It shall be ruled by the principles of
open trial, contradiction, concentration, continuity and contiguity.
A. General principles:
I. Criminal proceedings shall aim elucidation of the facts, innocent
person’s protection, preventing impunity and compensate the
damages that the crimes had motivated.
II. In every hearing, a judge must be present. The judge cannot delegate
to somebody else the submission and evaluation of evidence, which
shall be done in a free and logic manner.
III. Only the evidence submitted in the hearing shall be used for the
sentence. The law shall establish the exceptions for the above and the
pertinent requirements in case that the nature of the evidence
requires prior evaluation.
IV. The trial shall be carried out before a judge who has not previously
handled the case. All arguments and evidence shall be presented in a
public, contradictory and oral manner.
V. The accuser must provide the evidence necessary to demonstrate
defendant’s guilt according to the criminal types. Both parties are
equal during the proceeding.
VI. No judge can talk about the trial with one of the parties without the
presence of the other one, taking always into account the principle of
contradiction, except for the cases predicted by this Constitution.
VII. Criminal proceeding can be terminated in advance, provided that the
defendant agrees and according to the law. If the defendant,
voluntarily and aware of the consequences, acknowledges his guilt and
there is enough evidence to corroborate the charges, the judge shall
call to a sentence hearing. The law shall establish the benefits granted
to the defendant in case he accepts his guilt.
VIII. The judge shall convict only when the guilt of accused is certain.
IX. Any evidence obtained by violating the defendant’s fundamental rights
shall be null and void.
X. These principles shall be observed also in the preliminary hearings.
B. Defendant's rights
I. The defendant is innocent until proven guilty through a sentence
issued by a judge.
II. The accused has the right to remain silent. From the moment of his
arrest, the defendant shall be informed about the charges against him
and his right to keep silent, which cannot be used against him. All forms
of intimidation, torture and lack of communication are forbidden and
shall be punished by the law. Any confession made without the
assistance of a defender shall have no weight as evidence.
III. Every arrested person has the right to be informed of the grounds of
arrest and of his rights at the moment of his arrest and while appearing
before the Public Prosecution Service or a judge. In the case of
organized crimes, the judicial authority can authorize to keep the
accuser’s name in secret.
The law shall establish benefits for the accused or convicted person
who provides effective assistance in the investigation of felonies
related to organized crime.
IV. All witnesses and any other evidence submitted by the defendant shall
be admitted within the terms established by law. Judicial authority
shall assist the defendant to enforce appearance of those witnesses
whose testimony he may request, in the terms set forth by the law.
V. The defendant shall be judged in an open trial by a judge or court. This
provision may be restricted for reasons related to national security,
public safety, protection of victims, witnesses and minors, disclosure of
legally protected data or when the court considers that it is justified to
do so.
In the case of organized crime, all acts performed during the
investigation shall serve as evidence when they cannot be reproduced
during the trial or there is a risk for witnesses or victims. The accused
has the right to object or contest such evidence.
VII. The accused shall be tried within a term of four months in the case of
crimes punishable with a maximum penalty of two years of
imprisonment; and within a term of one year if the crime is punishable
with a penalty exceeding such term, unless he requests a longer term
to prepare his defense.
VIII. Defendant has the right to a lawyer, whom he shall freely choose even
from the moment of his arrest. If he does not want a lawyer or cannot
appoint one at the moment of request, the judge shall appoint a public
defender.
The defendant has the right that his lawyer appears in every acts of the
process. Defendant’s lawyer is obliged to appear in all the acts related
to defendant’s proceeding.
IX. Prison or arrest cannot be extended due to the lack of money to pay
lawyer’s fees or any other monetary cause, civil liability or any other
similar motive.
Preventive prison cannot exceed the time established by law as
maximum punishment for the crime in question. In no case, preventive
prison shall exceed the term of two years, unless defendant asks for a
longer time to prepare his defense. If after said term a sentence has not
been pronounced, the defendant shall be freed immediately while the
trial continues. However, other precautionary measures may be used.
The duration of detention will count for the sentence term.
C. Victim's rights:
I. The victim has the right to receive legal council, to be informed about
the rights that this Constitution grants to his/her favor; and whenever
he should so require it, to be informed about the state of the criminal
proceedings.
II. The Public Prosecution Service must receive all the evidence
submitted by the victim during the preliminary criminal inquiry as well
as during proceedings. The Public Prosecution Service must carry out
the necessary steps to assists the victim. The victim has the right to
intervene in the trial and to use the legal instruments according to the
law.
Whenever the Public Prosecution Service does not consider necessary
to carry out the steps required by the victim, he must state the grounds
of law and fact justifying his refusal.
III. The victim has the right to receive urgent medical and psychological
assistance from the moment the crime was committed.
IV. The victim has the right of reparation. Whenever it should be legally
admissible, the Public Prosecution Service is obliged to require
redress. The victim also can request such redress by himself. The judge
cannot acquit the convict of redress in the case of conviction.
The law shall set forth agile procedures to enforce redress sentences.
V. The judge must keep in secret victim’s identity and other personal data
in the following cases: minor involved; rape, trafficking in persons,
kidnap, organized crime; and when necessary to protect the victim,
always respecting the defendant’s rights.
The Public Prosecution Service shall ensure the protection of victims,
offended parties, witnesses and all others who take part in the trial.
The judges are obliged to oversee proper compliance with this
obligation.
VI. The victim can request the necessary precautionary measures to
protect his rights.
VII. The victim can contest, before the judicial authority, the Public
Prosecution Service’s omissions in the criminal investigation, as well as
the resolutions with reservation, lack of exercising, abandonment of
criminal prosecution or proceeding suspension when redress has not
been completed.
''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 20''
B. Defendant's rights
V. The defendant shall be judged in an open trial by a judge or court. This
provision may be restricted for reasons related to national security,
public safety, protection of victims, witnesses and minors, disclosure of
legally protected data or when the court considers that it is justified to
do so.
In the case of organized crime, all acts performed during the
investigation shall serve as evidence when they cannot be reproduced
during the trial or there is a risk for witnesses or victims. The accused
has the right to object or contest such evidence.
1. En las investigaciones realizadas de conformidad con el presente Estatuto:
(a) Nadie será obligado a declarar contra sí mismo ni a declararse culpable;
(b) Nadie será sometido a forma alguna de coacción, intimidación o amenaza, a torturas ni a otros tratos o castigos crueles, inhumanos o degradantes;
(c) Quien haya de ser interrogado en un idioma que no sea el que comprende y habla perfectamente contará, sin cargo alguno, con los servicios de un intérprete competente y las traducciones que sean necesarias a los efectos de cumplir el requisito de equidad; y
(d) Nadie será sometido a arresto o detención arbitrarios ni será privado de su libertad salvo por los motivos previstos en el presente Estatuto y de conformidad con los procedimientos establecidos en él.
2. Cuando haya motivos para creer que una persona ha cometido un crimen de la competencia de la Corte y esa persona haya de ser interrogada por el Fiscal o por las autoridades nacionales, en cumplimiento de una solicitud hecha de conformidad con lo dispuesto en la Parte IX, tendrá además los derechos siguientes, de los que será informada antes del interrogatorio:
(a) A ser informada de que existen motivos para creer que ha cometido un crimen de la competencia de la Corte;
(b) A guardar silencio, sin que ello pueda tenerse en cuenta a los efectos de determinar su culpabilidad o inocencia;
(c) A ser asistida por un abogado defensor de su elección o, si no lo tuviere, a que se le asigne un defensor de oficio, siempre que fuere necesario en interés de la justicia y, en cualquier caso, sin cargo si careciere de medios suficientes; y
(d) A ser interrogada en presencia de su abogado, a menos que haya renunciado voluntariamente a su derecho a asistencia letrada.
1. El acusado estará presente durante el juicio.
2. Si el acusado, estando presente en la Corte, perturbare continuamente el juicio, la Sala de Primera Instancia podrá disponer que salga de ella y observe el proceso y dé instrucciones a su defensor desde fuera, utilizando, en caso necesario, tecnologías de comunicación. Esas medidas se adoptarán únicamente en circunstancias excepcionales, después de que se haya demostrado que no hay otras posibilidades razonables y adecuadas, y únicamente durante el tiempo que sea estrictamente necesario.
1. Se presumirá que toda persona es inocente mientras no se pruebe su culpabilidad ante la Corte de conformidad con el derecho aplicable.
2. Incumbirá al Fiscal probar la culpabilidad del acusado.
3. Para dictar sentencia condenatoria, la Corte deberá estar convencida de la culpabilidad del acusado más allá de toda duda razonable.
1. En la determinación de cualquier cargo, el acusado tendrá derecho a ser oído públicamente, habida cuenta de las disposiciones del presente Estatuto, y a una audiencia justa e imparcial, así como a las siguientes garantías mínimas en pie de plena igualdad:
(a) A ser informado sin demora y en forma detallada, en un idioma que comprenda y hable perfectamente, de la naturaleza, la causa y el contenido de los cargos que se le imputan;
(b) A disponer del tiempo y de los medios adecuados para la preparación de su defensa y a comunicarse libre y confidencialmente con un defensor de su elección;
(c) A ser juzgado sin dilaciones indebidas;
(d) Con sujeción a lo dispuesto en el párrafo 2 del artículo 63, el acusado tendrá derecho a hallarse presente en el proceso y a defenderse personalmente o ser asistido por un defensor de su elección; a ser informado, si no tuviera defensor, del derecho que le asiste a tenerlo y, siempre que el interés de la justicia lo exija, a que se le nombre defensor de oficio, gratuitamente si careciere de medios suficientes para pagarlo;
(e) A interrogar o hacer interrogar a los testigos de cargo y a obtener la comparecencia de los testigos de descargo y que éstos sean interrogados en las mismas condiciones que los testigos de cargo. El acusado tendrá derecho también a oponer excepciones y a presentar cualquier otra prueba admisible de conformidad con el presente Estatuto;
(f) A ser asistido gratuitamente por un intérprete competente y a obtener las traducciones necesarias para satisfacer los requisitos de equidad, si en las actuaciones ante la Corte o en los documentos presentados a la Corte se emplea un idioma que no comprende y no habla;
(g) A no ser obligado a declarar contra sí mismo ni a declararse culpable y a guardar silencio, sin que ello pueda tenerse en cuenta a los efectos de determinar su culpabilidad o inocencia;
(h) A declarar de palabra o por escrito en su defensa sin prestar juramento; y
(i) A que no se invierta la carga de la prueba ni le sea impuesta la carga de presentar contrapruebas.
2. Además de cualquier otra divulgación de información estipulada en el presente Estatuto, el Fiscal divulgará a la defensa, tan pronto como sea posible, las pruebas que obren en su poder o estén bajo su control y que, a su juicio, indiquen o tiendan a indicar la inocencia del acusado, o a atenuar su culpabilidad, o que puedan afectar a la credibilidad de las pruebas de cargo. En caso de duda acerca de la aplicación de este párrafo, la Corte decidirá.