Presumption Of Innocence, Accusatory Criminal System

Presumption of innocence, accusatory criminal system

At present, it is sought to have mechanisms that grant efficient and protection of human rights, in which each State have norms of supremacy that recognizes and guarantee and national constitutional courts that are efficient and effective destined to guarantee and guard such rights,With the reforms made constitutionally in criminal justice to move from an inquisitive or mixed system to a totally different model such as accusatory-oral, with incorporating substantive norms which must draw positive limits and links to apply them, without losing sight of the fact that systemsboth exquisite and accusatory have differences and similarities.

In the plenary assembly of the Ibero -American Judicial Summit in 2008 in the city of Brasilia they opted for orality in the criminal system, based more than anything in the culture of truth and legality, apart from the procedural reforms in legislation of each State It contemplates including open clauses, to guarantee, establish and protect respect and observance of human rights, based on an observance of the law, strengthen the training of judges and magistrates in their jurisdictional function since the quality of justice is built From how trained those who teach it are, legitimize the justice system to obtain the credibility of society.

Coinciding that orality in every process is a fundamental part of transparency, by a determining factor of confidence in jurisdictional activity, so that citizens want to confirm that this work has an objective, rational and weighted application of the law, by Each judge, who acquire public, oral and concentrated form the conviction to issue a final decision, which in turn must be correct, concrete and attached to all law and legality.

If Mexico is considered democratic, as a common objective it requires to face the challenge of maintaining the balance between respect for rights and an effective criminal system, of combating crime, in the National Code of Criminal Procedures, the presumption of innocence is regulated as Fundamental principle in the system that is currently prevailing that is the adversarial accusatory, considering it as a human right, which corresponds to all people and therefore, be respected, regardless of nationality, where they are, without any distinction for age reasons , gender, sex, race, religion, belief, etc.

This principle must become a useful instrument that from this response to the social claim to maintain the balance between respect for the rights of individuals, in this case people subject to a criminal process and the effective criminal system, always prevailing equality, generating Changes in the internal systems of each STAD, through a guarantee accusatory model (rights protector) resting in a single procedural and substantive legislation, in order to give rise to structurally modifying institutions, in procedural practices, as well as A cultural change in society through communication, orality and dissemination, where the presumption of innocence will have a leading role in guaranteeing the transparency of the process.