Criminal system in Mexico fails because it is a bad copy of others
The change made by Mexico in its Accusatory Criminal System is made with good intentions but with a bad copy of other countries that implement a similar system more effectively, such as Chile, Colombia, and even Costa Rica, said the expert in criminal systems, Miguel Hidalgo Murillo
The expert pointed out that the poor implementation of this system in Mexico has translated into a recycling of criminals because the Mexican jurisprudential responses are not as effective, since the same magistrates are not even aware of everything that the procedural system implies, which makes them prone to commit many errors when interpreting the norm, also generating a significant amount of impunity.
In this regard, he stated that it is not prudent simply to argue that the system does not work, but that failure to obey the aforementioned argumentative criteria does not achieve the main objective, which is to decide whether a person will remain in prison or will be released for the crime committed.
These circumstances, explained the Costa Rican expert, should be assessed with greater meticulousness, since there is a risk of flight or obstruction of the case if the reason for the arrest is not well understood, and for this reason it has been easier for the judges to apply an algorithm in which "either they arrest everyone, or they release everyone".
"The Mexican process is a very valuable process if we see it from the political constitution, it is a very little valuable process compared to other codes like Chile, Colombia, sometimes Costa Rica itself, each country has its own system and It has its own model, and the important thing is that Mexico knows how to do its thing and not its own by format or by "machote", but trying to understand perfectly what is the reason for the process and what is the effectiveness of the process, "he said.
The foregoing, in the words of the expert, means that Mexico has a good accusatory procedural model, but in order to exercise it effectively, it is necessary to reconcile other rights, such as human rights, the possibility of an Amparo, and the repressive process in criminal matters.
When asked if it is really valid to consider Mexico as a country that allows the well-known revolving door, where the police body makes the arrests but the judges are in charge of the release, Murillo said that it is necessary to insist on the assessment of the crime, and understand if it is best to keep the alleged offender in prison, or seek compensation for damages.
Following his statement, he exemplified that Mexico has had the "habit" of keeping prisoners who commit crimes with vehicles, such as negligent homicides. However, he explained that an act like that can happen to anyone and by not having a clear vision of how things happened, it would be best to prevent an innocent person in a situation like that from ending up in prison, but the ideal would not be to exonerate him either. immediately, but seek a consensus among those affected for the payment of damages in some way.
"That is where we have to reconcile when the prison is the place where conflicts are resolved, and when the negotiation, the reparation of damage is the way to resolve conflicts, in this the accusatory system is a very kind system that solves the conflicts of the offended, of the victims, of the people, and understands perfectly that the jail is not, has never been the way to resolve a conflict, "he said.
In contrast, stressed that in other cases the prison will be inevitable for some people, because they are already on a social level out of control, so the response compared to the previous case should be different, but to carry out that idea of the better way it would be necessary an extension of the existing program in which a complete study of each detainee can be done so that the judge can issue a more forceful and truthful answer.
However, even if the entire system worked perfectly, the expert insisted that corruption will be a vital factor in determining the success of the system or not because the accusatory model allows negotiations with the detainee to obtain information about criminals. of greater relevance, but instead it becomes an economic negotiation where it lacks validity if the location of the major criminals is known but nothing is done to stop them, mainly due to the collusion between authorities and criminals, alluding to the municipality of Tijuana and its constant struggle to eliminate the wave of homicides and drug dealing.
"Mexico has been enduring a very strong corruption at the Public Ministry level and at the level of certain judges, not all of them, what happens, if those same judges, if that same Public Ministry assumes the new system, will remain so corrupt in the new system because it favors them That corruption is very important, but it is not a problem of the system, it is a problem of people, and it is very important to put the finger on the person and not on the system, "he concluded.