Detention

United Mexican States

Mexico - Constitution 1917 (2015) EN

''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 19''

Detentions before a judicial authority in excess of 72 hours, counted from the

moment the accused is presented to the authority, are prohibited without presenting

formal charges indicating the crime, place, time and circumstances of such crime; as

well as the evidence of the crime and of the probable liability of the accused.

''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 19''

The Public Prosecution Service can request of the judge preventive prison only when

other precautionary measures are not enough to ensure the presence of the accused

in his trial, the development of the investigation, the protection of the victim,

witnesses or community, as well as when the accused is on trial or had been

previously convicted for having committed an intentional crime.

''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 19''

The Public Prosecution Service can request of the judge preventive prison only when

other precautionary measures are not enough to ensure the presence of the accused

in his trial, the development of the investigation, the protection of the victim,

witnesses or community, as well as when the accused is on trial or had been

previously convicted for having committed an intentional crime. Also, the judge will

order preventive prison, by its own motion, in the following cases: organized crime;

deceitful homicide; rape; kidnap; trafficking in persons; crimes committed using

firearms, explosives or other violent instruments; and serious crimes against national

security, the right to freely develop personality and the public health.

The law shall establish the cases in which the judge can revoke liberty granted to the

individuals subjected to trial.

The term to issue the association order may be extended only at the request of the

accused, according to the procedure set forth by the law. Prolonging the detention

shall be sanctioned by penal law. The authority in charge of the establishment where

the accused is shall attract the judge’s attention if it does not receive a copy of the

detention order or the extension request in the term indicated above as soon as the

term ends. If the authority does not receive the detention order within the next

three hours, the accused shall be freed.

''TITLE ONE, CHAPTER I: Human Rights and Guarantees, Article 19''

Treatment during the arrest or imprisonment, any annoyance without legal

justification, any tax or contribution in jails, constitute an abuse which the law shall

correct and the authorities shall repress.

''TITLE ONE, CHAPTER III: The Foreigners, Article 33 ''

The law shall establish the

administrative procedure for this purpose, as well as the place where the foreigner

should be detained and the time that the detention lasts.

''TITLE ONE, CHAPTER IV: The Mexican citizens, Article 38''
Citizens’ rights and prerogatives can be suspended in the following cases: (...)
II. If the person is on trial for a crime that deserves physical punishment. In

such a case suspension starts from the date the detention order was issued.

III. If the person is serving time in prison

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

Article 78 Determination of the sentence

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.