Subsequent to last week’s article on Jalisco’s criminal justice system, the Reporter has pieced together information revealed at the November 29 conference held at the Lake Chapala Society and additional details provided by staff at Chapala’s Ministerio Publico (MP or district attorney’s office). This segment provides basic guidelines on filing a formal denuncia (denouncement).
Remember that the municipal police responding to crime reports can look out for your safety and detain perpetrators caught in the act or escaping the scene, but have no authority to investigate or arrest suspects after the fact.
How to file a complaint
If you are the victim of a crime that occurs in the municipality of Chapala, report to the MP offices located at Juarez 573, between Degollado and Lopez Cotilla. It is open to the public Monday through Friday, 8 a.m. to 4 p.m.
Persons who do not speak fluent Spanish need an interpreter to act as a go-between on their behalf. For efficiency’s sake it is best to provide your own translator. The individual may be a paid professional or anyone you trust to accurately convey your words and those of the MP staff. Upon request, the agency will provide the service free of charge, but you’ll have to wait hours or days until someone is sent out from Guadalajara.
Navigating the office maze
The Chapala office operates with two MP public prosecutor agencies. Agencia Uno occupies two rooms situated just to the right of the entrance way. The current head officer is Miguel Ortega Carrillo. Agencia Dos is behind the next two doors on the perpendicular leg of the inner corridor, with Roberto Jara Navarro in charge. Next door is the office of Rogelio Reyes Ramirez, supervisor of MP agencies in Chapala and Jocotepec.
Agency One and Agency Two rotate the duties of registering complaints on a weekly basis, changing positions every Monday. On the alternating week the staff works only on processing pending cases.
There is no receptionist or numbered system for attending to the public. You or your interpreter should step into the first door to enquire where to go and then hang out in the waiting area until the appropriate official is available. The MP gives top priority to proceedings that involve suspects under detention who are subject to release unless questioned within 48 hours of capture.
Following procedure
Once admitted to file a complaint, an official will ask for your identification. Foreigners need to show originals of valid passports and immigration documents and take four copies of each to be kept on file. The interpreter also needs to provide an official ID and copies.
Next you will give an oral statement outlining the chain of events and other information relevant to the crime and possible identification of the culprits. The official will read back the content for corrections and then print out the document for signature.
In the case of theft of personal property you should be prepared to provide invoices or receipts for the stolen goods – preferably specifying brand, model, and serial number – or other proof of ownership such as photographs and testimony of at least two witnesses.
The complaint and pertinent documentation will be filed as an averiguación previa (preliminary inquest) under a dated case number.
For home break-ins the MP usually schedules an inspection visit to the property to check for evidence and damages.
Crime scene investigation
No one, including municipal police, should alter evidence at a crime scene until MP personnel arrive to investigate. The amount of time it takes for them to arrive is variable, depending upon availability, work load and the gravity of the incident.
Local MP staff and Policia Investigadora detectives can carry out inspection of property damages. Experts from the Jalisco Institute of Forensic Sciences (IJCF) will be called in from Ocotlan or Guadalajara for more sophisticated work, such as ballistic analysis and collection of fingerprints, blood samples or other DNA evidence of gun fire trajectories.
The IJCF is also responsible for retrieving corpses from the scene of traffic fatalities and deaths subject to criminal investigation.
Follow-up
The Chapala MP handles your case until determining that a punishable crime was committed and identifying the presumed responsible party, at which point it is entrusted to the criminal court and the adjunct MP office for prosecution. During the process it is recommended that the offended party maintain regular visits to the agency in charge to keep track of the progress.