Crime and Violence · Human Rights and Civil Society · Transparency & accountability

New Penal Code Proposed by Calderón

9/26/11-  On Thursday, September 22, Calderón presented the Code of Federal Criminal Procedure initiative (Código Federal de Procedimientos Penales) to the Chamber of Deputies (Camara de Diputados). Through this initiative, a person can be “urgently” arrested if it is believed that he or she might flee. This arrest would be allowed to happen without a warrant for the crimes they are believed to have committed. In addition, the police will be able to ask for evidence and conduct an investigation about the person under the leadership of the Public Ministry’s Office (Ministerio Público), a task that they previously could not perform.

For those arrested under the new code, trials will be held following the model of the new accusatorial penal system where oral trials, public hearings, and video recording will all be utilized. In addition, during a trial no evidence obtained through violation of human rights will be admitted. According to El Seminario, another stipulation that Calderón emphasized was that judges are not to present suspects as being guilty of their charges, rather to adhere to the principle of “innocent until proven guilty.”

Calderón stated that this new system “is a way for the state to respond to the demands of the people for an expedited justice system, provided by respectable legal institutions with competent personnel, and with transparency.”


“Presenta Calderón nuevo Código Penal.” El Semanario. September 22, 2011.

Roberto Garduño y Enrique Méndez.  “Severa iniciativa de Calderón de reformas a proceso penal.” La Jornada. September 22, 2011.

“Busca FCH fortalecer a policias.” El Diario de Mexico. September 23, 2011.

Leave a Comment

Your email address will not be published. Required fields are marked *