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Reform the articles 16, 17 and 73 to the Political Constitution of the United Mexican States, in matter of everydar justice.
September 01, 2017 |
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| Reform the articles 16, 17 and 73 to the Political Constitution of the United Mexican States, in matter of everydar justice. |
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The 15 of September of 2017, the permanent Commission from the Union of Congress, before the approval from the chambers of Representatives and Senators of the General Congress of the United Mexican States reform and added the articles 16, 17 and 73 to the political constitution of the United Mexican States, in the matter of everyday justice (In depth solution of the conflict and legislative competition over civic and familiar procedures).
In our country, as well in many others, the solution of conflicts through judicial tribunals do not result suitable, mainly because of the time that it takes to come to a final solution of the controversy; that´s because, by the virtue of the high quantity of work that its presented to them, the limited number of judicial bodies and of personal to attend the issues, as well as the actual procedural codes present an unlimited provisions that allow lawyers to prolong the procedures.
Today, every States from our country, possess a code of procedures that rule every issues related to the trials in civic and familiar matters, this causes that different applicable criteria’s exist for a similar cases and therefore, violations of human rights may occur and/or concede or deny procedural benefits to the contenders parts.
The objective of this reform and addition to the constitutional articles 16 and 17, was to establish that before the existence of delays by formalities of the process in the trials of follow procedures in shape of trials. The judicial authorities should emit at the moment a resolution or sentence, favoring the solutions of the conflict in order to avoid unnecessary procedures.
On the other side, in relation to the article 73, for the purpose to avoid situations whit differentiated procedures and seeking to standardize the procedures all over the country, the Congress is enable to issue the unique legislative in civic and familiar procedural matter.
Such reforms and additions remain in follow terms.
Article 16: No one shall be molested in his person, family, domicile, papers, or possessions except by virtue of a written order of the competent authority stating the legal grounds and justification for the action taken. In the follow trials and procedures in shape of trials which it establish the rule of orality, will be enough stating in record that they in any form of means give certainty to its content and the fulfillment foresee in this paragraph.
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Article 17. ...
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As long as the equality between the parts are not affected, the proper process or other rights in the trials or procedures followed in shape of trials, authorities should privilege the solution of the conflict over the procedural formalities.
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Article 73. ...
I. a XXIX-Z. ...
XXX. To expand the unique legislative in civic and familiar procedural matter;
XXXI. To expand all laws that are necessary, aiming to make effective the previous faculties and all the others conceived by the Constitution to the Powers of the Union.
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| Diego Alonso Ramos Castillo |
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| José Eduardo González Rodríguez |
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| Fernando Gabriel Landa Torres |
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IMPORTANT: IMPORTANT NOTE: The information here contained is of general nature and for informative purposes only. Please consider that what is here stated does not apply circumstances of any individual or entity. We strongly recommend not performing any activity based on this information without the professional assistance of our lawyers considering your particular circumstances. |
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