Mexico: Whether an accused person or their lawyer can obtain copies of court, prosecutor and police documents related to outstanding criminal charges against him or her in the Federal District
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 6 July 2001 |
| Citation / Document Symbol | MEX37008.E |
| Reference | 4 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Mexico: Whether an accused person or their lawyer can obtain copies of court, prosecutor and police documents related to outstanding criminal charges against him or her in the Federal District, 6 July 2001, MEX37008.E, available at: https://www.refworld.org/docid/3df4be6c14.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The information that follows was provided by staff at the Public Defence Office of the Federal District ( Defensoria de Oficio del Distrito Federal) during a 5 July 2001 telephone interview.
There is no general answer that can respond accurately to all possible cases. Availability of documentation depends on the nature and circumstances of each individual case.
In principle, since every person has a constitutional right to a defence against criminal charges, a person facing charges can request before a court copies of documents related to his or her case. To do so, the request must be made in person by the affected party or by a properly accredited legal representative, and must properly justify the request.
Requests for court documents made by an accused person or their lawyer do not necessarily result in the supply of copies of all documents related to a case. The fact that a person has a constitutional right to a defence does not necessarily mean any and every document related to a case against the person can be made available. The availability or the possibility of releasing a copy of a document can vary greatly, depending on the case, as well as where and at what stage of the legal process it is (for example, whether charges have expired, or whether it is at the investigation stage or being appealed before a federal court).
Other than direct requests by an affected individual or their properly accredited legal representative, formal government-to-government requests for documentation related to a case can be made through the Mexican Ministry of Foreign Affairs.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Reference
Defensoría de Oficio del Distrito Federal, Mexico. 5 July 2001. Telephone interview with staff.
Additional Sources Consulted
El Universal [Mexico City]. Searchable Archives. 1999-2000.
Embassy of Mexico, Ottawa.
Excelsior [Mexico City]. Searchable Archives. 1996-2000.
InfoJus [Mexico City]. Searchable databases.
IRB Databases.
La Jornada [Mexico City]. Searchable Archives. 1999-2000.
REFWORLD.
Internet Websites and Internet search engines.
Note:
This list is not exhaustive. Country-specific publications available at the Resource Centre are not listed.