As Mexico rolls out its New Penal Justice System (NSJP) as of June 18, police officers in Jalisco and elsewhere in the nation are assuming a more prominent role in the initial phases of criminal cases, including taking on duties that were once the exclusive purview of agents of the Ministerio Público (public prosecutors).
Previously, the sphere of municipal police was essentially restricted to crime prevention, patrolling, keep track of local criminal activities, arresting suspects caught in the act and temporarily guarding crime scenes prior to the arrival of Ministerio Publico personnel.
As the most frequent first responders to criminal incidents, local police officers will often tackle additional responsibilities established under the NSJP. Such tasks may entail fully securing the crime scene, gathering clues, interviewing victims and witnesses, and drawing up preliminary crime reports in what is termed as the carpeta de investigation (CDI investigation file).
The contents of the CDI may include a form signed by the victims authorizing police to enter private premises without a judicial order, written descriptions and photographs to explain the circumstances, and basic physical evidence.
Officers are also required to promptly notify the Ministerio Publico and to advise suspects taken into custody and crime victims of their respective legal rights.
“This greatly simplifies the process of a registering a formal criminal complaint,” explains Chapala Police Chief Adán Domínguez. “Victims are now able to denounce crimes from the comfort of their home or in the street, rather than having to appear at the Ministerio Publico office and go through a tedious legal procedure.”
Domínguez notes that his officers are supplied with the official formats, most of which are available in English as well as Spanish. When required, a team of forensic experts will be called to the scene. In some cases the victims may be notified at a later date to appear for appointments at the Ministerio Publico to complement the preliminary investigation.
Since last February, the Chapala police department has already opened more than 20 CDIs. So far one case – involving a suspect charged with aggravated robbery – has been turned over for trial at the regional courthouse that went into operation on the outskirts of Hacienda la Labor last February.
The pillar of the new justice system is the oral trial in which plaintiffs and defendants face off in open public hearings. Judges are assigned to oversee the trial, sitting as impartial referees who weigh the merits of opposing arguments in order to reach a verdict.
This is a radical shift from the country’s traditional inquisitorial system in which public prosecutors and judges worked in close collaboration to build cases against persons accused of committing crimes. Most of the legal work was carried out behind closed doors, out of public scrutiny. The opaque process lent itself to acts of corruption that have given Mexico’s judicial system a bad name.
Now lawyers representing both sides are allowed to present evidence before the court, question and cross-examine witnesses and argue points of the law. The assigned judges oversee each step of the proceedings, listen to the defense and prosecution evidence, pose their own questions to all parties involved and finally hand down a sentence on the guilt or innocence of the accused. In most cases the trials are open to the public and the press, with restrictions on recording or intervening in the proceedings
Hallmarks of the NSJP are expediency, transparency and impartially. The oral trial format closely mirrors the U.S. model, with the exception of trial by jury which is not contemplated in Mexico.
The penal code is based on the fundamental principles of presumption of innocence, equality under the law, equality of the parts, previous trial and due process, and prohibition of double jeopardy.