Supreme Court Discusses Right to Proper Defense and Due Process in New Trial System Jesus Aranda - La Jornada
go to original June 5, 2013

The full Supreme Court of Justice of the Nation (SCJ) began an intense discussion about the proper defense and due process in the transition from the earlier [inquisitorial] trial system to the adversarial trial system approved in the 2008 constitutional reform.

Five of eleven ministers declared themselves in favor of protecting a complainant sentenced - together with another person - for robbery or murder, who had not had a defense lawyer during the proceedings against him, as required by applicable law. Three ministers spoke against this position arguing that the expansion of fundamental rights "cannot be applied strictly''.

The justices discussed whether the broad defense of fundamental rights anticipated under the recent amendment to Article I of the Constitution must include those who were tried before implementation of the new adversarial system (2008). The previous system allowed that a detainee might be assisted in his defense by "a person of trust'' [de confianza] or by a lawyer. The new legislation provides that in order to guarantee a proper defense, the accused must have a lawyer.

Read the rest at Mexico Voices

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