The Mexican Congress has approved an overhaul of the country's judicial system, which is so rife with corruption, caprice and ineptitude that many doubted such a day would ever come. The reforms require a constitutional amendment to take effect, meaning they must be ratified by 17 of Mexico's 31 states. If the overwhelming support of legislators is an indicator, they should pass with ease.
Under the current system, based on Roman and Napoleonic codes, lawyers submit their cases in writing, and judges come to their decisions in secret. Under the new system, defendants would be granted the presumption of innocence, trials would be open to the public and lawyers would present oral arguments, among other welcome changes. Another provision, however, would permit organized crime suspects to be held for up to 80 days without being charged. This is particularly worrisome because Mexico's definition of organized crime is an illegal undertaking by three or more people. And trials for such suspects would still be conducted in secret. The potential for abuses and for a two-tiered justice system to emerge is enormous.
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Importance: This is a major change in the judicial system in Mexico. The proposition would move Mexico away from the Napoleonic code and towards a system much like the U.S. Defendants would be innocent until proven guilty and trials would be completely open to the public. However, it would be possible for someone to be detained for 80 days without charge. The amendment is most likely going to happen. The senate has already approved.
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