For all legal purposes, the crimes classified as serious are: (…); organized crime, established in
Article 178; (…) homicide, contained in Article 241; kidnapping, indicated by Article 259; (…) and
those provided for in special laws when the maximum penalty exceeds ten years imprisonment.
62. Article 194 of the Code of Criminal Procedure of the state of Mexico in force at the time of
the events, and which was amended in 2009, establishes that:
Application of Preventive Detention
Article 194. Preventive detention is applicable in the following cases:
A. Ex officio:
I. In the case of the crimes of intentional homicide, rape and kidnapping, and the attempted
commission of said crimes;
II. Crimes committed by violent means, provided that serious harm is caused to the physical
integrity of persons, as well as those committed with weapons, explosives or others that by
their nature may cause danger; and
III. In the following crimes against the free development of the personality provided for in
the State Criminal Code:
a) Article 204, Sections I, II, III;
b) Pornography of minors and disabled persons contained in Article 206, Sections I, II and
IV; and
c) Trafficking of persons.
IV. Those classified as serious in the General Laws.
B. At the justified request of the Public Prosecutor’s Office in the remaining crimes, when other
precautionary measures are not sufficient to guarantee:
I. The appearance of the accused at trial;
II. The development of the investigation;
III. The protection of the victim, witnesses or the community; or,
IV. When the accused is being prosecuted or has been previously sentenced for the
commission of an intentional crime.
A.3. Rules relating to the arrest of a person
63. Article 16 of the Mexican Constitution in force at the time of the arrest of the alleged victims
established that:
The authority that executes an arrest warrant shall place the accused at the disposal of the judge,
without delay and under his strictest responsibility. Contravention of the foregoing shall be
punishable under criminal law. […] In cases of flagrante delicto, any person may detain the
suspect, placing him immediately at the disposal of the nearest authority and the latter, with the
same promptness, shall bring him before the Public Prosecutor’s Office.
64.
Article 147 of the 2000 Criminal Procedure Code for the state of Mexico established that:
[w]hen the requirements established in the Constitution of the United Mexican States are met,
the court shall immediately issue the arrest warrant requested by the Public Prosecutor’s Office
against the accused.” In addition, Article 142 of the Code refers to flagrante delicto in the
following terms: “Flagrante delicto exists when the person is detained at the moment of
committing the offense, or when the suspect is pursued substantively, uninterruptedly and
immediately after committing it. […] Flagrante delicto is considered to exist when the person is
identified as responsible by the victim, an eyewitness of the facts, or by whoever participated
with him in the commission of the offense; or when the object, instrument or product of the
crime is found in his possession; or when there are signs or indicia that lead to a well-founded
presumption of his participation in the crime; provided that it may constitute a serious crime,
and that a period of seventy-two hours has not elapsed from the time of the commission of the
probable offense.
65.
Article 143 of the 2000 Code of Criminal Procedure for the state of Mexico established that:
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