PROCEEDING INAMURDERCASEMEXICO 3. JUDICIAL PROCEEDING 2. INTERMEDIATE STAGE 1. INVESTIGATION A projectbyAnimalPolítico TO MURDERINMEXICO:IMPUNITYGUARANTEED Length: maximum of 50 days 3.2 Appeals procedures 3.1 Oral trial 1.3 Supplemental investigation 1.2 Initial hearing 1.1 Initial investigation

Length: indefinite Length: maximum of 1 year thecharges.supports the evidence that the defendant outlining document provided to a formal charge, i.e., a MP has15days to submit investigation term, the the complementary upon completion of *Formal indictment: Length: maximum of 6 months Length: from 1 to 6 days Length: indefinite the Local of Court Justice to call amistrial andrelease theaccused. Recognition of Innocence resource before or theCouncilof theJudiciary new factsorproofs appear thatinvalidate you cansubmita the ruling, *As anextraordinary case, ifafter theCollegiate Court’s resolution process against measures and/or detention, cautionary thesentence. investigation, boththeaccused andthevictimcanexercise thisrightthroughout the *An appealisarightthatpeoplehave against anauthority’s action.Inthemurder The suspectisreleased Judgement Judgement enforced. 1.1.2 Initial creation of the case file 1.1.1 Crime scene the offended (thevictims’family) party withtheirattorney appearincourt]. being investigated for thehomicide)appearswithdefense theMPand counsel, The initialhearingbegins CASE CLOSED ARRAIGNMENT JUDGE arrest isunlawful The judge rulesthe other trace evidence, etc. hair samples, fluidsand shells, weapons, thebody, fingerprints, cartridge *Evidence: footprints/ analysis. evidence for eventual collect andpackupall every piece of evidence), (numbers are placed on photograph, label They have to locate, looking for evidence*. process thecrimescene The forensics experts -Geneticidentitytesting -Geneticprofile - Genetics -Gynecological examinations crime) the connectedto persons (inliving -Certificates of injury -Autopsy (causeof death) - Forensic (Semefo) medicalservice - Toxicology testing - Ballistics testing - Identification of fingerprints reconstruct thecrime processes evidence atthelabto Provides informed conclusions and ratified 60 days may pass the beginningof thetrial, From intermediate stage to . . diagnosed with temporary mental disorder,diagnosed withtemporary etc.). etc.) ortheprocedure issuspended(defendant escapes, or does nothave sufficient evidence accusation,to support (death of defendant, innocence clearly established, theMP The MPdiscovers areason to halt prosecution proceedings Graphic identity: Consultancy: Illustration: Information design: before arraignment judge [thesuspect(person : Modified judgement enforced. . CASE CLOSED arrest islegal The judge rulesthe Judgement CASE CLOSED FORENSICS EXPERT modified. . Mariana GilBartomeu yLuis Fernando CuyásMartínez Jesús Santamaría or becausethecaseisurgent (duringfirst 48hours). The suspectisindicted after being The suspectisreleased Jaime Ortiz Lozano Obtains information Yosune Chamizo Alberro CASE SUSPENDED Delivers report LAB EXPERTLAB guilt Abbreviated procedure: Provides information inorder to reduce hissentence.

Amparo proceeding Judgement enforced. AGENT OF THEPUBLIC PROSECUTOR’S OFFICE (MP) CASE CLOSED

Suspect to himandheistold why heisunderinvestigation (formal accusation). The initialhearingbeginsorcontinues, arrested inflagrante delicto The arraignment judge defendant declares to a specific and court completes other administrative tasks: the order to proceed to trial is issued. The arraignment judge, after rulingontheevidence, and at trial disclosure (MP, asthe3parties defendant andvictim)present evidence to beusedinhearings The defendant andtheinjured submitlist parties of documented evidence. Handles theevidence to will not beboundover for trial denied 3. Conclusionof presentation to thecourt (closingstatements) 2. Rendering of evidence (witnesses, expert testimony, statement from thedefendant, etc.) 1. Presentation of of thecase(openingstatements) the theory injured (familiesof parties thevictim)attend alongwiththeirlegal counsel]. The oral trialbegins . CASE CLOSED , all of whichisdiscussed duringintermediate hearingwitharraignment judge.

Suspect Appeal injured (familiesof parties thevictim)alongwiththeirlegal counsel]. arraignment judge [defendant withdefense theMP, counsel, and The intermediate Stage (trialpreparation) beginsinfront of

Oral trialhearingbefore acourt (comprised of three trialjudges). which time the precautionary measureswhich timetheprecautionary are reconsidered. The MP Create thecase fileandestablish thelines of investigation. bound over for trial renders judgment

filed by MP, thedefendant and/or thevictim(optional stage). District (magistrates) Court review thecase. further investigatesfurther [thedefendant andhisdefense theMP, counsel, andthe POLICE OFFICER The MPsubmitsa A superiorcourt the rightsof thedefendant are read . Amparo filed(like aninjunction). Intermediate stage (sentencing). indictment requested line of investigation and 1. MURDER MP makes determination The judge determines GUILTY Evidence confirms (timelimitimposedonongoing investigation). . (crime report) Delivers report The court renders judgement. rules ontheappeal for amaximumof 6monthsat formal indictment sets adate for theoral trial begins.

. .

Evidentiary Evidentiary Innocent subpoena (thejudge summonsthedefendant to appearincourt). because abenchwarrant The defendant (personunderinvestigation for murder) appears Daniela Rea Paris Martínez Arturo Angel With information from: , assigns thecase Amparo proceeding Judgement ismodified. CASE CLOSED over for trial. to boundsuspect The MPasks judge DETECTIVE perpetrator was caughtinflagrante, to arrest thesuspect. crime scene untiltheforensics experts arrive and,ifthe (in flagrante delicto). Hisjobisto preserve and protect the because hecameupontheperpetrator committing acrime the first onscene, whetherin response to a complaint, or Also known as“first responder,” this official isusually MP 1 granted was issued endexecuted, orthrough continues, The initialhearing of oral judicialsystem. presented Based ontheNationalCodeCriminalProceedings(lastamended The defendant isreleased. The MP does not submit the indictment and the case is transferred to his immediate supervisor. intercepting private communications, collecting bodyfluids, etc.) defendant must beauthorized by arraigning judge (frisking, 1. evidence andthelegal grounds thetheory. supporting statements onthecriminally relevant facts, all supporting OF THECASE MPfilestheindictment by describinghis *The . Any investigative activitythatmightviolate humanrightsof Provides information in 2016)andtheAmparoLaw(lastamendedonJan.19,2018) usingrules evidence Considers involuntaryandvoluntarymanslaughter EXCEPTIONAL CIRCUMSTANCES from drivingvehicles, etc.). completing hisstudies, refrain programs, learningatrade, incommunityparticipating Anonymous meetings, terms (attending Alcoholic restitution orotherprovisional judge works outterms of proceedings Conditional suspensionof Tania L. Montalvo Francisco Sandoval Daniel Moreno General management andedition: , basedonformal accusations anddefense The supervisor followsThe supervisor up. Obtains information Delivers report Defendant investigation. the linesof supporting for evidence searching consists in this stage His taskin , arraignment Judgement enforced. from guilty to innocent, orvice versa). Judgement overturned CASE CLOSED collect evidence and prepare defense and indictment is postponed. The defendant requests from 72to 144hoursfor hisattorney to sentenced DETECTIVE Move evidence ORAL TRIALJUDGE continues The defendant requests resolution . THEORY (changed in thesamehearing The defendant The defendant manslaughter cases) damages ininvoluntary (defendant agrees to pay 6. emotional disorders, etc.) terminal illness, psycho- injury, i.e., falling into acoma, (defendant suffered serious to exceptional circumstances 5. cleared, or insufficient evidence) 4. 3. 2. Defendant Endtheinvestigation Defendant released. The supervisor doesnot followThe supervisor up. Restitution agreements Suspend investigation due Close thecasefile(suspect File caseresolution CASE CLOSED The defendant isreleased. end of thetrial. access to theproceedings through the atthecrimesceneobserve andhave full attorneys*The of may bothparties fails to comply complies absolved . initial investigation may berequested after benchwarrant *The CASE CLOSED With the support of:With thesupport . resumes Proceeding . . with judge, etc.). regulated check-ins confiscated, monitor, passport electronic (jail, case renews resolved Custody decision CASE CLOSED a list of peopleon witnesses, make the crimescene, . the team atthe interviews with description of They conduct crime scene. scene, etc. coordinate Detectives a general until