What should a subpoena from the prosecution contain? 4 things you should know.
In today’s blog we will talk about the requirements that the subpoenas sent by the prosecution must contain, these requirements are basic, and are established in the national code of criminal procedures.
1. What is a subpoena?
The summons is a document sent by a competent authority, in order to make a certain person appear to do something, whether to testify him as a witness, as a victim, as a defendant, etc. The purpose of the subpoenas is to achieve a better integration of the referred research portfolio.
2. Where can we find the requirements for a summons?
Accused a relative of a crime in Mexico? Do you need to know if it is a crime to bring weapons into Mexico? Do you need to know if it is a crime to bring marijuana into Mexico? The prosecutor is accusing me of having committed a crime that I did not commit? Has your loved one been in jail in Mexico for years?
If you are in one of these situations, hire an online consultation.
The requirements for subpoenas are found in article 91 of the National Code of Criminal Procedures, which is made up of 5 sections.
3. What are the requirements established in article 91?
The summons must contain:
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I. The authority and domicile before which it must appear;
II. The day and time you must appear;
III. The object of it;
IV. The procedure from which it is derived;
V. The signature of the authority that orders it, and
SAW. The warning of the imposition of a means of enforcement in case of non-compliance.
4. In the case of the warning, what are the means of enforcement that they implement?
It is important to remember that the means of enforcement that can be implemented are those established in the national code of criminal procedures in its article 104, which establishes the following.
Article 104. Imposition of means of pressure
The jurisdictional body and the Public Ministry may have the following means of enforcement
for the fulfillment of the acts that they order in the exercise of their functions:
I. The Public Ministry will have the following enforcement measures:
a) Warning;
b) A fine of twenty to one thousand days of the minimum wage in force at the time and place in which the offense that warrants an enforcement measure is committed. In the case of day laborers, workers and workers who receive the minimum wage, the fine shall not exceed one day’s salary and in the case of non-salaried workers, one day of their income;
c) Assistance of the public force, or
d) Arrest for up to thirty-six hours;
II. The jurisdictional body will have the following enforcement measures:
a) Warning;
b) A fine of twenty to five thousand days of the minimum wage in force at the time and place in which the offense that warrants an enforcement measure is committed. In the case of day laborers, workers and workers who receive the minimum wage, the fine shall not exceed one day’s salary and in the case of non-salaried workers, one day of their income;
c) Assistance of the public force, or
d) Arrest for up to thirty-six hours.
However, when it comes to citations, regularly the means of enforcement that is established are fines, and they are usually smaller amounts, but it must be taken into account that there may be occasions where another means of enforcement is specified as the case may be. .
The Mexican criminal process explained in English
