lunes, 5 de agosto de 2013

Law and the Mexican Constitution/Ley y la Constitucion de la Republica Mexicana

Web Site:  Attorneys and Lawyers in Cabo San Lucas, Baja California Sur, Mexico, Los Cabos

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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 16..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 16 - Nobody can be disturbed in his or her person, family, residence, papers, or possessions, except by virtue of a written order by a competent authority, that is founded in and motivated by legal procedural cause.
No order of apprehension and detention can be issued except by the judicial authority, preceded by a denunciation, accusation, or complaint about a specific action determined by the law to be an offense for which the individual may be punished by loss of liberty; and there exist facts to support the punishment and the probable responsibility of the accused.
The authority that executes a judicial order of apprehension must put the accused at the disposition of a judge without delay and with the strictest responsibility. Failure to do so is subject to criminal law.
In cases where the person has been caught in the act, any person may detain the accused, and take him without delay to the immediate authority. The accused must be taken as soon as possible from there to the Public Ministry.
Only in urgent cases, which are classified as serious crimes by the law, and where there is well-founded risk that the accused may escape the actions of justice, and when the accused cannot be brought before judicial authority because of the hour, does the Public Ministry have the power under its responsibility to order his or her detention based on an explanation of the evidence that motivates its proceeding.
In cases of urgency, or when the crime has been stopped in the act, the judge who receives the detained person must immediately approve detention, or decree the person's liberty with the conditions of the law.
No accused person will be detained by the Public Ministry for more than 48 hours, within such time as the accused must be set free or put at the disposition of the judicial authority. This term may be doubled in those cases that the law classifies as organized delinquency. All abuses of the above are subject to punishment by criminal law.
In all search orders, which only the judicial authority has the power to execute, and which will be written, the place to be inspected will be stated, and also the person or persons to be apprehended and the objects to be looked for. Care shall be taken to limit the search to be conducted as a circumscribed act, in the presence of two witnesses designated by the occupant of the searched place; or in their absence or refusal, the searching authorities will practice care.
Private communications are inviolable: The law will sanction criminally any act committed against their liberty and privacy. Only the federal judicial authority, upon petition to the federal authority that enforces the law or to the head of the Public Ministry of the corresponding federated entity, may authorize the interception of any private communication. For this, the appropriate authority, by writing, must establish and justify the legal causes for the application. It must, besides, give the type of interception, its subjects, and its duration. The federal judicial authority may not grant these authorizations in electoral, fiscal, mercantile, labor, or administrative matters, or in the case of communications by an accused with his or her defender.
Authorized interceptions will conform to the requirements and limits given by the laws. The result of interceptions that do not comply with them, will lack all investigative value.
Administrative authority may visit residences only to ascertain that they comply with sanitary and police regulations, and to require the showing of those books and papers that are indispensable for verifying that the residents are paying attention to the financial arrangements subject in those cases to the respective laws and formalities prescribed for searches.
Correspondence that is covered by the mail shall be free from all examination, and its violation will be punished by the law.
In time of peace, no member of the army shall take quarters in a particular house without the consent of the owner, or impose any payments. In time of war, members of the armed forces may require housing, transportation, food, and other supplies of value, under the terms established by the corresponding martial law.

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