Expediency, transparency and impartially stand out as the hallmarks of Mexico’s Nuevo Sistema de Justicia Penal (New Criminal Justice System-NSJP), to synthesize what 20-odd leaders of lakeside’s expat community assimilated from the introductory conference on the subject they attended this week.
The program was presented by Juan Antonio Rubio Gutierrez, an expert on NSJP who holds impressive credentials in the field of Mexican law, and a strong command of English as well. The two-hour event, set up in coordination with the Chapala government, took place Thursday, May 5 at the new regional courthouse that opened earlier this year near Hacienda la Labor.
It has been the setting for similar events designed to prepare all sectors of society for the nationwide implementation of the NSJP, falling in line with the fast-approaching June 18 constitutional deadline.
Following a brief welcome to the audience, Rubio guided the guest listeners around the courthouse facility, looking into glass-paneled work areas that reflect the notions of transparency attached to the new legal system and the radical shift from the obscure old ways of imparting justice.
Once the group returned to the neat courtroom where oral trials take place, Rubio explained the arrangement of furnishings, pointing out the judge’s bench, side-by side prosecution and defense tables, the witness box, a secretary’s desk and the tiny barred prisoner lock-up set behind a closed door. Views of each area are displayed overhead on a split screen video monitor.
He went on to expound on the similarities and differences between the NSJP and the American way of handling of criminal cases.
Novel in Mexico is a switch from the traditional form in which prosecutors and judges tend to work closely together to build cases against defendants, with all case work contained in reams of paper documents filled with repetitive legalese to be studied by the judge behind closed doors. In the oral trial model, defense and prosecution attorneys act as adversaries in open public hearings, while judges sit apart to serve as impartial referees and weigh the merits of opposing arguments to reach a verdict.
Lawyers representing both sides are allowed to present evidence before the court, question and cross-examine witnesses and argue points of the law. The judge instructs all parties involved in each step of the proceedings, takes opportunities to pose his own questions and finally comes to a decision. Jury trials are not contemplated under the reformed system.
Its chief benefits are considered to be swifter, more agile and transparent delivery of justice. Others include the presumption of innocence for the accused and shorter pre-trial incarceration in pertinent cases; greater protection of human rights; compensation for damages to victims; and channels for resolving some legal conflicts through conciliation outside the court.
Of special interest to foreigners is the right of non-Spanish speakers to count on the aid of a certified interpreter in the courtroom, either one of their own choice or by appointment of the court.
In addition to fielding many questions from the audience, Rubio also brought several of them right up front to play different parts in an abbreviated simulation of a trial revolving around accusations of auto theft and abuse of confidence.