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Critical study of the criminal justice and exception system in Mexico

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DOI:

https://doi.org/10.25057/2500672X.1357

Abstract

This research work seeks to carry out a study based on the idea that the criminal justice system in Mexico has developed three different systems in criminal justice, an accusatory system, alternative means of dispute resolution and an exception system. That is why it is worth studying and addressing one of the previous classifications presented by criminal justice in Mexico, the exceptional criminal system, which has been descriptively incorporated into the constitutional text, and secondary norms, whose characteristics put into contradiction to the accusatory system, for enunciating in an operative and invasive way certain legal figures that seek to restrict and limit the fundamental rights of the parties in the criminal prosecution, thereby generating a series of questions that show that criminal justice in Mexico is not of the all guarantor. Therefore, and following the postulates of democratic systems, of granting a maximum of legal security in the criminal process, we can establish that the exceptional criminal system is far from being a system that goes hand in hand with the Constitutional State, for on the contrary, with its characteristics, elements and functions, it is more similar to the operational aspect of an authoritarian and inquisitive state.

How to Cite

Santantacruz Lima, R. (2020). Critical study of the criminal justice and exception system in Mexico. Nuevo Derecho, 16(27). https://doi.org/10.25057/2500672X.1357

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Published

2020-11-30

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