community, as well as when the accused is being prosecuted or has been previously sentenced
for the commission of an intentional crime. The judge will also order preventive detention, ex
officio, in the following cases: organized crime; deceitful homicide; rape; kidnap; trafficking of
persons; crimes committed using firearms, explosives or other violent instruments; and serious
crimes against national security, the free development of the personality and public health. […]
57.
Article 19 was reformed once again in 2019 and currently states the following:
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 Prosecutor’s Office may only request that the judge order preventive prison 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
community, as well as when the accused is being prosecuted or has been previously sentenced
for the commission of an intentional crime. The judge will order mandatory preventive detention
in cases of abuse or sexual violence against minors, organized crime, intentional homicide,
femicide, rape, kidnapping, human trafficking, housebreaking, use of social programs for
electoral purposes, corruption and crimes of illicit enrichment and abusive exercise of functions,
theft of cargo transportation in any of its forms, crimes involving hydrocarbons, oil, petroleum
or petrochemicals, crimes committed by violent means such as weapons and explosives, crimes
involving firearms and explosives for the exclusive use of the Army, the Navy and the Air Force,
as well as serious crimes determined by law against national security, the free development of
the personality, and health. […]
58. In addition, Article 20. IX of the Mexican Constitution establishes since its reform in 2008,
that:
[p]reventive detention cannot exceed the time stipulated by law as the maximum punishment
for the crime in question. In no case, shall preventive prison exceed the term of two years,
unless its extension is due to the exercise of the defendant’s right to prepare his defense. If
upon expiration of this term a sentence has not been delivered, the defendant will be released
immediately while the trial continues, without prejudice to the imposition of other
precautionary measures.
59.
Article 319 of the 2000 Code of Criminal Procedure for the state of Mexico established that:
From the moment the accused is placed at the disposal of the jurisdictional body, he shall have
the right to be provisionally released on bail immediately upon request, if the following
requirements are met […]
IV. That the offense in question is not one of the crimes defined as serious under criminal law.
60. Similarly, Article 146 of the 2000 Criminal Procedure Code for the state of Mexico established
that:
During the preliminary investigation, the Public Prosecutor’s Office shall grant the accused
immediately, upon request, his provisional release on bail, provided that the offenses in question
are not serious crimes for which the law expressly prohibits the granting of this benefit; this
benefit may also be denied when the accused has been previously convicted of a crime classified
by law as serious or when there is reliable information to establish that the release of the accused
represents a risk to the offended party or to society, due to his previous conduct, or to the
circumstances or characteristics of the crime committed. The amount and form of the bail shall
be set in accordance with the provisions of Article 319 of this Code.
61. In addition, Article 9 of the Criminal Code for the state of Mexico of March 20, 2000
established that:
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