36
[…]
In urgent cases or when the suspect is caught in flagrante, the judge who
receives the detained person must either immediately confirm the detention or
order the person's release, except in those cases provided by law.
[…]
No suspect may be detained by the Attorney General for more than forty-eight
hours, time within which his release must be ordered or he must be brought
before a judicial authority. […]
95.
In case the suspect is caught in flagrante, according to the constitutional
text, “any person” can detain another, as long as the suspect is brought, without
delay, to the immediate authority. Moreover, article 193 of the Federal Code of
Criminal Procedure, in reference to the arrest of the accused, establishes that;125
Article 193 – Any person will be able to detain the suspect:
I. At the time the crime is being committed;
II. When the suspect is physically prosecuted, immediately after committing the
crime, or
III. Immediately after committing the crime, when the person is pointed out
by the victim, any attesting witness to the events or who intervened with
them in the crime, or when there are objects or signs that allow for a wellgrounded presumption that he participated in a crime. In addition to these
signs, other technical elements will be considered.
[…]
The detention for a crime in flagrante shall be immediately registered by the
competent authority.
96.
Whether or not a crime was detected in flagrante, in said case, when the
detention is made by an authority, the Mexican law distinguishes two moments to
assess the scope of the control over the detention. The first moment relates to the
immediate referral to the competent authority by the person who makes the arrest.
The second moment corresponds to the referral by the Public Prosecutor to a judge
within a term of 48 hours.
97.
In the instant case, according to the documentation in the judicial case file
and without handing down a judgment on the alleged irregularities in relation to
some evidence on which the following facts would be based (infra paras. 143 to
149) the arrest of Messrs. Cabrera and Montiel, and their later referral to the
competent authority shall developed as follows:
a) On Sunday, May 2nd, 1999, at 4:30 P.M., Messrs. Cabrera and Montiel
were arrested, when they were allegedly caught in flagrante, committing
the crime of carrying prohibited and unlicensed weapons and possession
of amapola and marihuana;126
125
Cf. Federal Code of Criminal Procedures, New Code published in the Official Gazette of the
Federation on August 30, 1934 (record of annexes to the answer to the application, volume XXIV, folio
10162).
126
Cf. Complaint filed by three soldiers, supra note 66, folio 4213.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos