What are the goals of our criminal justice system?

What are the goals of our criminal justice system?

New accusatory penal system 2020 pdf

This reform and its implementation were the result of coordinated work between the institutions of the three levels of government that transcends deadlines and administrations. It is generational, it is not only a matter of dates, but a new way of conceiving and exercising the law. Therefore, in order to achieve its consolidation, it is necessary to look ahead and redouble our efforts. In short, it is a matter of achieving a fairer nation, where the law protects everyone’s rights and freedoms equally; that is the objective and, above all, that is the challenge of the 2008 criminal justice reform.

The reform of the criminal justice system has been a key element in a number of areas, including security and justice. Commitments 77, 79 and 81 established as a priority the implementation of the accusatory Criminal Justice System throughout the country, within the deadlines established in the constitutional reform of June 18, 2008.2

Likewise, the Ministry of the Interior has made a commitment to promote the implementation of the Accusatory Criminal Justice System, as part of the actions to improve security and justice conditions, objective 2 of our Sectorial Program.4

What are the objectives of the new criminal justice system in Mexico?

General Objective of the New Criminal Justice System To have a Criminal Justice System that is: More efficient. More expeditious. More respectful of individual guarantees. Alternative Criminal Justice More just and humane.

How does the new Criminal Justice System work?

In the New Criminal Justice System there are three stages and each one is supervised by a different judge. … Pending trial, the Control Judge may impose precautionary measures on the accused to prevent him from fleeing, hindering the investigation or harming the victim.

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What are the principles of the adversarial criminal justice system?

Guiding Principles of the Adversarial Accusatory System

Orality. Publicity. Immediacy. The contradiction.

New accusatory criminal justice system in mexico 2020

The oral trial judge must hear the parties and evaluate the evidence that was presented during the interrogations. Afterwards, he/she will issue the sentence that determines the guilt or innocence of the accused, which must be read and explained in a clear and precise manner for the accused and the victim.

Today, the victims of the crime and those responsible for committing it, will be able to know from the beginning how justice works, what to expect from the criminal process and understand clearly what happens during a trial. Let us remember that due process is a human right.

One contribution of the New Accusatory Criminal Justice System to the citizens is to expedite the resolution of conflicts, and to this end, it offers several possibilities for those involved to reach agreements before facing each other in the Oral Trial.

– As long as the accused has not previously entered into other agreements with any other person for the same cause, that is to say, that this benefit is not abused, reaching agreements and always avoiding the trial.

What is the organization of criminal justice?

Currently, the Accusatory Criminal System of the Judicial Branch of the State of Mexico is comprised of eighteen Control Courts, eighteen Trial Courts, one Control Court Specialized in Search and Seizure Warrants and fourteen Courts for the Execution of Sentences.

When does the new criminal justice system go into effect in Mexico?

In 2008, a comprehensive reform to the Mexican Criminal Justice System was enacted; the transitional provisions provided for a vacatio legis or transition period of eight years for this system to enter into force, a term that expired on June 18, 2016.

How many stages does the adversarial criminal justice system have?

Article 211 of the National Code of Criminal Procedure establishes that the criminal procedure comprises the following stages: (i) the investigation stage; (ii) the intermediate or trial preparation stage; and (iii) the trial stage.

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The criminal justice system for adolescents is a particular instrument, with its own characteristics and differentiated mechanisms, which faces various challenges in the Mexican justice system. In the face of constant regulatory modifications that privilege punitiveness over social reinsertion, this system must continue with the pillars with which it was created, since, unlike the criminal justice system, it involves minors, whose legal sphere is protected according to their circumstances (age and context).

In December 2005, Article 18 of the Political Constitution of the United Mexican States (CPEUM) was reformed, and criminal justice for adolescents was recognized as a system in which crimes committed by this population group would be resolved, and rights such as due process were also established. This was a far cry from the previous model of justice, since it is not a continuation of the tutelary model of justice.

It is not the continuation of the tutelary model or an attenuated criminal regime for adults, but a system of specialized criminal responsibility that requires careful, strict and reinforced protection of the rights of adolescents, and which presupposes certain considerations related to the treatment that the legal system gives to individuals in their various stages of personal development, and with the operation of the criminal system that is “modified” by virtue of their age (Vasconcelos, 2011).

What was the previous criminal justice system like?

In Mexico, the old inquisitorial criminal system transitioned to an adversarial and adversarial criminal system. This required constitutional reforms and the creation of a code to standardize the country’s criminal procedure.

Why is the criminal justice system adversarial?

Adversarial because both the prosecution and the defense are carried out through a confrontation of evidence and arguments of each of the parties. … Accusatory because there are two parties involved in the trial: one accusing and the other defending.

What is the adversarial system in procedural matters?

The adversarial nature of this process, that is, its accusatory nature, is explained not only insofar as it reserves to the parties the power to initiate the procedure and determine its object, but also and above all insofar as it grants the parties the full availability of everything that occurs in the process, and gives them …

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Stages of the criminal justice system

The oral trial judge must hear the parties and evaluate the evidence that was presented during the interrogations. Afterwards, he/she will issue the sentence that determines the guilt or innocence of the accused, which must be read and explained in a clear and precise manner for the accused and the victim.

Today, the victims of crime and those responsible for committing it, will be able to know from the beginning how justice works, what to expect from the criminal process and understand clearly what happens during a trial. Let us remember that due process is a human right.

One contribution of the New Accusatory Criminal Justice System to the citizens is to speed up the resolution of conflicts, and to this end, it offers several possibilities for those involved to reach agreements before facing each other in the Oral Trial.

– As long as the accused has not previously entered into other agreements with any other person for the same cause, that is to say, that this benefit is not abused, reaching agreements and always avoiding the trial.

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