Criminal
A single national code and an adversarial oral trial
The 2008 constitutional reform replaced the written inquisitorial process with an adversarial, oral system, fully in force since June 2016. The National Code of Criminal Procedure applies in every state and at federal level, which is unusual in a federation.
Key rules
- Presumption of innocence, oral hearings and cross-examination are constitutionally guaranteed (Article 20).
- Detention must be reviewed by a judge within 48 hours, or 96 in organised-crime cases.
- Prisión preventiva oficiosa imposes automatic pre-trial detention for a listed set of offences — repeatedly criticised by the Inter-American Court.
- Plea and abbreviated procedures allow a sentence reduction where the accused accepts the facts.
- Victims have independent standing to participate and to challenge decisions not to prosecute.
Governing law
- Código Nacional de Procedimientos Penales (DOF 5 March 2014)Unified procedure.
- Código Penal FederalFederal offences.
- Ley Nacional de Ejecución PenalSentence execution and prison rights.
In practice
A public defender is provided from the first appearance, and interpretation is mandatory for indigenous-language speakers and foreigners. Consular notification must be offered to detained foreign nationals.