CAT/C/75
page 63
function of the Federal judiciary to make sure that the outcome of proceedings is that desired by
the body entitled to institute criminal proceedings. Account must therefore be taken of
articles 4 and 5 of the Federal Code of Criminal Procedure, which read:
“Article 4. Preliminary investigation and investigation proceedings and
proceedings in first instance, as well as proceedings in second instance before the appeal
court, constitute Federal criminal procedure, under which it is the sole responsibility of
the Federal courts to decide whether or not an act is a Federal crime, to determine
whether or not the accused is guilty and to impose the appropriate penalties and security
measures in accordance with the law.
“During these proceedings, the Public Prosecutor’s Office and the judicial police
under its authority shall as appropriate also perform the functions laid down in article 2,
section II; the Public Prosecutor’s Office shall see to it that the Federal courts strictly
apply the relevant laws and that the courts’ rulings are duly complied with.
“Article 5. In enforcement proceedings, the Executive shall, through the body
determined by law, enforce the penalties and security measures ordered in court
sentences, until their extinction; and the Public Prosecutor’s Office shall ensure that
sentences are duly served.”
301.
Similarly, the Office of the Attorney-General of the Republic Organization Act reads:
“Article 1: The purpose of this Act is to set up the Office of the Attorney-General
of the Republic as part of the Federal Executive with a view to the conduct of affairs
assigned to the Federal Public Prosecutor’s Office and its incumbent, the
Attorney-General of the Republic, by the Constitution of the United Mexican States, this
Act and other applicable provisions.
“Article 2: It shall be the responsibility of the Federal Public Prosecutor’s Office:
I. To monitor the observance of constitutionality and legality within its sphere
of competence, without prejudice to the powers attributed by law to other court and
administrative authorities;
II.
III.
To guarantee the prompt, speedy and appropriate administration of justice;
To guarantee respect for human rights within its sphere of competence;
IV. To intervene with the judicial authorities in all matters to which the
Federation is a party, when they affect its interests or are of legal importance, and in
cases involving diplomats and consuls general;
V.
To prosecute Federal crimes;
…
XI.
To assume other responsibilities determined by law.”
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents