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As we continue with our entries for the bi-lingual attorneys and lawyers in Cabo San Lucas, San Jose del Cabo and the Los Cabos area of Baja California Sur we have the following:
Continuando con lo mismo articulo 20..ahora en ingles para los abogados y bufetes en Cabo San Lucas, San José del Cabo y el área de Los Cabos en Baja California Sur:
Continuando con lo mismo articulo 20..ahora en ingles para los abogados y bufetes en Cabo San Lucas, San José del Cabo y el área de Los Cabos en Baja California Sur:
Article 20 - In all criminal processes, the accused, victim, or person offended against by a crime will have the following guarantees:
A. Of the accused:
I. Immediately when he or she petitions for it, the judge should always grant provisional release under bail, except for crimes which, because of their seriousness, the law expressly prohibits this benefit. In the case of non-serious crimes, upon the application of the Public Ministry, the judge may deny bail, when the accused has been found guilty of a crime classified serious by the law before. The judge may also deny bail when the Public Ministry presents elements that establish that the accused poses, by his or her previous conduct or by the circumstances and characteristics of the crime committed, a risk to the person the crime was committed against, or to society.
The amount and form of bail shall be obtainable by the accused. In circumstances that the law determines, the judicial authority may modify the amount of the bail. To take into account the form and the amount of bail, the judge must take into account the nature, means, and circumstances of the crime, the characteristics of the accused and the possibility of the accused's complying with his or her obligations resulting from the criminal process, the damages and injuries caused to the victim, as well as the financial sanction which may be imposed on the accused.
The law will determine the serious cases for which the judge may deny bail.
II. The accused does not have to confess. Prohibited and punishable by criminal law are: holding the accused incommunicado, intimidation, or torture. Confessions given to any authority other than the Public Ministry or judge, or before these without the attendance of his defender will lack all force whatsoever.
III. To have a public hearing within 48 hours of being consigned to the judicial authority with the name of his or her accuser, and the nature and cause of the accusation, at the end of which it is very apparent that the punishable act is being attributed to the accused, and the accused may answer the charge, stating in this act his opening declaration.
IV. Always when questioned before a judge, to be face to face with his or her accusers, except as given in section V of Part B of this article.
V. To have the witnesses that have things to say about him or her, allowing for the time that the law says is necessary, and to have help in obtaining the appearance in court of those persons whose testimony he or she wants, always having them meet in the place of the process.
VI. To be judged at a public hearing by a judge or jury of citizens who know how to read and write, people who reside in the place and area in which the crime was committed, for offenses punishable by more than a year in prison. In all cases, crimes committed by means of the press against the public order, or the foreign or domestic security of the nation, be judged by a jury.
VII. To be provided all the facts needed for defense, and that make up the case.
VIII. To be judged within four months for crimes for which the maximum penalty does not exceed two years in prison, and within a year if the penalty exceeds two years, unless he or she asks for more time for the defense.
IX. From the start of the process, to be informed of the rights that this Constitution gives in his or her favor, and he or she will have the right to an adequate defense by himself, by a lawyer, or by a person of his or her confidence. If he or she does not want to, or cannot name a defender after being required to do so, the judge will assign him or her an official defender. Also, the accused has the right to have his defender appear in all phases of the process, and the defender has the obligation to appear whenever he or she is required.
X. In no case may the accused's imprisonment or detention be prolonged for failure to pay lawyers' fees, or any other fees for cause of civil responsibility or any other similar reason.
The guarantees stated above in sections I, V, VII, and IX will always be observed during the initial investigation, in the terms and with the requisites and limits that the laws establish, and as stated in section II will not be subject to any condition.
B. Of the victim or person offended against by a crime:
I. Receive judicial advice, be informed of the rights which this Constitution gives in his or her favor, and, when he or she requests, to be informed about the status of the criminal process;
II. Cooperate with the Public Ministry to know about all facts or elements of proof about the crime that it has, in its previous steps of investigation as well as those in progress, as quickly as possible to relieve concerns;
When the Public Ministry considered that such speed is not necessary, it should state the bases for, and justify, its reasons.
III. Receive, beginning with the commission of the crime, urgent medical and psychological attention;
IV. Have damages repaired. In the cases for which it is the originator, the Public Ministry will be obligated to seek repair of the damages, and the judge may not absolve the sentenced of reparations if he or she has served the sentence;
V. When the victim or the person offended against by the crime is a minor, he or she is not obligated to be face to face with the accused, in cases of sexual crimes or kidnapping. These cases will have depositions under the conditions that the law establishes, and;
VI. Seek the means and judicial rulings that the law provides for his or her security and aid.
A. Of the accused:
I. Immediately when he or she petitions for it, the judge should always grant provisional release under bail, except for crimes which, because of their seriousness, the law expressly prohibits this benefit. In the case of non-serious crimes, upon the application of the Public Ministry, the judge may deny bail, when the accused has been found guilty of a crime classified serious by the law before. The judge may also deny bail when the Public Ministry presents elements that establish that the accused poses, by his or her previous conduct or by the circumstances and characteristics of the crime committed, a risk to the person the crime was committed against, or to society.
The amount and form of bail shall be obtainable by the accused. In circumstances that the law determines, the judicial authority may modify the amount of the bail. To take into account the form and the amount of bail, the judge must take into account the nature, means, and circumstances of the crime, the characteristics of the accused and the possibility of the accused's complying with his or her obligations resulting from the criminal process, the damages and injuries caused to the victim, as well as the financial sanction which may be imposed on the accused.
The law will determine the serious cases for which the judge may deny bail.
II. The accused does not have to confess. Prohibited and punishable by criminal law are: holding the accused incommunicado, intimidation, or torture. Confessions given to any authority other than the Public Ministry or judge, or before these without the attendance of his defender will lack all force whatsoever.
III. To have a public hearing within 48 hours of being consigned to the judicial authority with the name of his or her accuser, and the nature and cause of the accusation, at the end of which it is very apparent that the punishable act is being attributed to the accused, and the accused may answer the charge, stating in this act his opening declaration.
IV. Always when questioned before a judge, to be face to face with his or her accusers, except as given in section V of Part B of this article.
V. To have the witnesses that have things to say about him or her, allowing for the time that the law says is necessary, and to have help in obtaining the appearance in court of those persons whose testimony he or she wants, always having them meet in the place of the process.
VI. To be judged at a public hearing by a judge or jury of citizens who know how to read and write, people who reside in the place and area in which the crime was committed, for offenses punishable by more than a year in prison. In all cases, crimes committed by means of the press against the public order, or the foreign or domestic security of the nation, be judged by a jury.
VII. To be provided all the facts needed for defense, and that make up the case.
VIII. To be judged within four months for crimes for which the maximum penalty does not exceed two years in prison, and within a year if the penalty exceeds two years, unless he or she asks for more time for the defense.
IX. From the start of the process, to be informed of the rights that this Constitution gives in his or her favor, and he or she will have the right to an adequate defense by himself, by a lawyer, or by a person of his or her confidence. If he or she does not want to, or cannot name a defender after being required to do so, the judge will assign him or her an official defender. Also, the accused has the right to have his defender appear in all phases of the process, and the defender has the obligation to appear whenever he or she is required.
X. In no case may the accused's imprisonment or detention be prolonged for failure to pay lawyers' fees, or any other fees for cause of civil responsibility or any other similar reason.
The guarantees stated above in sections I, V, VII, and IX will always be observed during the initial investigation, in the terms and with the requisites and limits that the laws establish, and as stated in section II will not be subject to any condition.
B. Of the victim or person offended against by a crime:
I. Receive judicial advice, be informed of the rights which this Constitution gives in his or her favor, and, when he or she requests, to be informed about the status of the criminal process;
II. Cooperate with the Public Ministry to know about all facts or elements of proof about the crime that it has, in its previous steps of investigation as well as those in progress, as quickly as possible to relieve concerns;
When the Public Ministry considered that such speed is not necessary, it should state the bases for, and justify, its reasons.
III. Receive, beginning with the commission of the crime, urgent medical and psychological attention;
IV. Have damages repaired. In the cases for which it is the originator, the Public Ministry will be obligated to seek repair of the damages, and the judge may not absolve the sentenced of reparations if he or she has served the sentence;
V. When the victim or the person offended against by the crime is a minor, he or she is not obligated to be face to face with the accused, in cases of sexual crimes or kidnapping. These cases will have depositions under the conditions that the law establishes, and;
VI. Seek the means and judicial rulings that the law provides for his or her security and aid.
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