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.

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