Glossary of Mexican Criminal Law Terms

Introduction

This glossary defines key terms in Mexican criminal law and criminal procedure, drawn from the National Code of Criminal Procedure (CNPP) and the Federal Criminal Code. These terms are essential for understanding Mexico’s accusatorial criminal justice system.

Key Terms

Averiguación Previa: Preliminary investigation. The former (pre-2008 reform) phase of criminal investigation conducted by the Public Prosecutor’s Office, before formal charges. Largely replaced by the carpeta de investigación.

Carpeta de Investigación: Investigation file. The digital or physical file maintained by the Public Prosecutor’s Office containing all evidence and procedural steps in a criminal investigation under the accusatorial system.

Imputación: Imputation or formal accusation. The act of informing the accused of the facts and charges against them during the initial hearing, before formal charges are brought.

Vinculación a Proceso: Formal charging or binding to trial. A judicial decision at the initial hearing connecting the accused to the criminal proceeding, based on sufficient evidence of probable participation.

Sentencia Condenatoria: Conviction or condemnatory judgment. A final judgment finding the accused guilty of the crime charged and imposing a sentence.

Ministerio Público: Public Prosecutor’s Office. The state body responsible for investigating crimes and prosecuting offenders. Led by the Attorney General of the Republic (FGR) at the federal level.

Defensa Adecuada: Adequate defense. The right to effective legal representation, including the right to choose counsel or have one appointed.

Presunción de Inocencia: Presumption of innocence. The constitutional principle that the accused is presumed innocent until proven guilty beyond a reasonable doubt.

Medidas Cautelares: Precautionary measures. Interim measures imposed by a judge during criminal proceedings, including pretrial detention, house arrest, electronic monitoring, and bail.

Sobreseimiento: Dismissal. A judicial order terminating criminal proceedings when the evidence is insufficient to proceed or when legal obstacles prevent prosecution.

Juicio Oral: Oral trial. The central evidentiary phase of the accusatorial system, in which evidence is presented orally before a trial judge or panel.

Recurso de Apelación: Appeal. The right to challenge a trial court’s judgment before a higher court, available to both the prosecution and the defense.

Ampliación de la Investigación: Extension of investigation. An additional period granted to the Public Prosecutor’s Office to complete the investigation before formal charges are brought.