Law of Evidence at Mexico
In Mexico, the Law of Evidence is governed by a combination of federal statutes, judicial precedents, and legal principles that apply across both criminal and civil proceedings. The legal framework is primarily based on the Federal Code of Civil Procedure and the National Code of Criminal Procedure, both of which outline the rules for the admissibility, evaluation, and presentation of evidence in legal proceedings.
⚖️ Legal Framework
1. Federal Code of Civil Procedure
The Federal Code of Civil Procedure (Código de Procedimientos Civiles) establishes the rules for civil litigation, including the presentation and evaluation of evidence. Key provisions include:
Article 200: Facts asserted by the parties in their pleadings are deemed admitted unless the opposing party contests them.
Article 202: Public documents are presumed to be true regarding facts legally affirmed by the issuing authority. However, if they contain declarations of truth or statements of facts by private individuals, they only prove that such declarations or statements were made before the authority, not the truth of the content.
Article 203: Private documents are considered proof of the facts mentioned in them, but only to the extent that they are adverse to the interests of the author.
2. National Code of Criminal Procedure
The National Code of Criminal Procedure (Código Nacional de Procedimientos Penales) governs criminal proceedings and sets forth the rules for the admissibility and evaluation of evidence. Notable aspects include:
Article 19: Evidence obtained in violation of human rights is inadmissible.
Article 20: The burden of proof lies with the prosecution, and the accused is presumed innocent until proven guilty.
Article 311: The public prosecutor must present evidence to support the charges during the trial.
🧾 Rules of Evidence
1. Admissibility of Evidence
In both civil and criminal proceedings, evidence must meet certain criteria to be admissible:
Relevance: The evidence must pertain directly to the issues in the case.
Legality: The evidence must be obtained in accordance with the law.
Timeliness: Evidence must be presented within the timeframes established by the court.
Formality: Evidence must be offered following the proper legal procedures, including identifying the facts it intends to prove.
2. Types of Evidence
Mexican law recognizes various types of evidence:
Documentary Evidence: Includes public and private documents, photographs, and recordings.
Witness Testimony: Statements made by individuals with knowledge relevant to the case.
Expert Testimony: Opinions provided by individuals with specialized knowledge pertinent to the case.
Material Evidence: Physical objects or items that are relevant to the case.
Each type of evidence has specific rules regarding its presentation and evaluation.
3. Burden of Proof
The burden of proof generally lies with the party making an assertion:
Civil Cases: The plaintiff has the burden to prove the facts upon which their claim is based.
Criminal Cases: The prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt.
However, the "dynamic burden of proof" principle allows courts to shift the burden to the defendant in certain situations, particularly when the defendant has greater access to the evidence needed to disprove the claim. This principle is applied in cases such as medical malpractice, product liability, and consumer protection disputes.
🏛️ Judicial Practice
Mexican courts adhere to a formalistic approach to evidence:
Pretrial Procedures: Parties must submit all evidence during the initial stages of litigation.
Evidentiary Hearings: Courts conduct hearings where evidence is presented, and parties may cross-examine witnesses and experts.
Evaluation of Evidence: Judges have discretion to assess the credibility and weight of the evidence presented.
This structured approach ensures that all relevant evidence is considered and that proceedings are conducted fairly.
RELATED Blog
0 comments