the state of Mexico. Subsequently, in 2009, it was modified in the Code of Criminal Procedure. In
2008, the concept of mandatory pretrial detention was incorporated into the Mexican Constitution.
The following paragraphs contain a transcript of the domestic laws referred to above.
A.1. The concept of arraigo
a) The rules in force at the time when the facts of the present case occurred:
53.
Article 154 of the 2000 Code of Criminal Procedure for the state of Mexico established that:
When in the course of a preliminary investigation the Public Prosecutor’s Office deems it
necessary to place the accused in preventive detention or prohibit him from leaving a
geographical area without the authorization of the judicial authority, taking into account the
characteristics of the act charged and the personal circumstances of the accused, it shall refer
the matter to the court, stating the grounds and reasons for its request, so that it may
immediately rule on the appropriateness of the arraigo or detention, with supervision of the
authority exercised by the Public Prosecutor’s Office and its assistants. The accused shall be
notified immediately of the arraigo or detention order, which shall be extended for the time
strictly necessary for the proper conduct of the investigation in question, but shall not exceed
thirty days, which may be extended for another thirty days, at the request of the Public
Prosecutor’s Office.
The judge will decide, after hearing the Public Prosecutor’s Office and the affected party, on the
continuation or lifting of the arraigo or detention.
b) Rules amended or adopted after the time when the facts of the instant case occurred:
54. Article 16 of the Mexican Constitution was amended in 2008 and subsequently in 2019. Its
current wording is as follows:
[…] The judicial authority, at the request of the Public Prosecutor’s Office and in the case of
organized crime offenses, may decree the arraigo of a person, with the conditions of place and
time specified by law, without exceeding forty days, provided that it is necessary for the success
of the investigation, the protection of persons or legal assets, or when there is a well-founded
risk that the accused will evade the action of justice. This term may be extended, provided that
the Public Prosecutor’s Office proves that the causes that gave rise to it still exist. In any case,
the total duration of the arraigo may not exceed eighty days. […]
A.2. The concept of preventive detention
55.
The Mexican Constitution in force at the time of the facts of this case established that:
Article 19. No detention before a judicial authority may exceed a period of seventy-two hours,
from the time that the accused is placed at its disposal, without it being justified by a formal
arrest warrant which shall state: the crime with which the accused is charged; the place, time
and circumstances of execution, as well as the information provided by the preliminary
investigation, which must be sufficient to prove the corpus delicti and the probable responsibility
of the accused […]
56.
Article 19 of the Mexican Constitution was reformed in 2008 with the following wording:
No detention before a judicial authority may exceed a period of seventy-two hours from the time
the accused is placed at its disposal, unless it is justified by an order of committal, which shall
state: the offence with which the accused is charged; the place, time and circumstances of
execution, as well as the information establishing that an act designated as an offense by law
has been committed and that there is a probability that the accused committed it or participated
in its commission.
The Public Prosecution Service may request preventive detention from the judge only when
other precautionary measures are not sufficient to guarantee the presence of the accused at
trial, the development of the investigation, the protection of the victim, witnesses or the
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