National Code of Criminal Procedure to Commence November 2014

After the enactment and publication in the federal official gazette in March of this year (2014), the National Code of Criminal Procedure will be implemented earlier than anticipated in 2 states of Mexico.

Officials from the Supreme Court, the Attorney General and Secretariat of the Interior signed into effect the new code of criminal procedure beginning on November 24, 2014 with the states of Durango and Puebla.  This new national law will not only supplant the traditional inquisitorial system of criminal justice (which introduces several principles of law that are familiar in the adversarial systems), but also will allow uniform practices throughout all 32 entities in the Republic of Mexico.

Prior to the national reform, Mexico had 32 different codes of criminal procedure (state and federal) which cultivated many injustices and impunity.  For instance, it allowed some criminals to choose the least harmful forum in which they could commit unlawful acts.  Other times it made it unfair that a crime committed by one person in one state would not have the same treatment as another who committed the same offense in another state or federal level.

Following is the schedule of implementation by phases:

1st Phase: Durango and Puebla

2nd Phase: Yucatan and Zacatecas

3rd Phase: Baja California

4th Phase: San Luis Potosi, Guanajuate, Queretaro and Morelos

5th Phase: All other states starting in January of 2016.