Criminal law in Mexico

Criminal law in Mexico is based on the Constitution, the Código Penal applicable to the case, and the Código Nacional de Procedimientos Penales. Some crimes are handled by state authorities, while others fall under federal jurisdiction. The Ministerio Público, usually working through a Fiscalía, directs the investigation of suspected crimes. Police may receive reports, protect scenes, gather information, and act under the legal direction of the investigative authority. A report may begin with a denuncia or, for some offenses, a querella. The authority can create a carpeta de investigación, which is the investigation file containing statements, records, expert work, and other evidence. The Mexican criminal process is generally accusatory and oral. A judge reviews important decisions, protects procedural rights, and decides issues such as charges, precautionary measures, trial, and responsibility. An accused person is presumed innocent until responsibility is established according to law. The person has rights to remain silent, know the accusation, have a defense lawyer, and receive due process. Victims may report the crime, receive information, request protection, participate through legal channels, and seek reparation of harm. A victim can often use an asesor jurídico, meaning a victim’s legal adviser. Possible outcomes include dismissal, an agreement where legally allowed, an abbreviated procedure, or a full trial. The suitable path depends on the crime, evidence, procedural stage, and decisions of the authorities and courts. People should not investigate dangerous matters alone or alter evidence. A criminal lawyer should review summonses, statements, searches, detention events, and proposed agreements before important decisions are made.