Mexico
Criminal investigations in Mexico
The prosecutor directs the investigation and the police act under its command, within a nationwide accusatory oral process.
Facts on this page were checked against their sources on .
Criminal investigation in Mexico is prosecutor-directed. The investigation of crimes corresponds to the Public Prosecutor (Ministerio Público), and the police act under its "conduct and command" (Article 21); the exercise of criminal action before the courts also corresponds to the Public Prosecutor. Since the constitutional transition completed in 2016, the process is accusatory and oral throughout the country (Article 20).
The same idea, explained generally
- What is a criminal investigation?
A criminal investigation is a legally authorised process for establishing whether an offence occurred and gathering evidence that can be tested in court. This guide explains its structure, safeguards, and known failure modes.
- What is due process?
Due process is the requirement that the state follow fair, established procedures before it takes action against a person. This guide explains what it typically includes and how it differs between systems.
Sources
Sources
Political Constitution of the United Mexican States (1917, current text)
Suprema Corte de Justicia de la Nación / official constitutional text · Legislation · 1917-02-05 · link verified 2026-07-27
The Political Constitution of the United Mexican States (1917), confirmed against the Supreme Court's per-article texts and a current-text mirror in two independent passes (the consolidated official PDF at diputados.gob.mx was unreachable). Supports Art. 17 (federal and local laws shall guarantee the independence of the courts); Art. 40 (a representative, democratic, secular and federal Republic of free and sovereign States and Mexico City); Art. 124 (residual powers reserved to the States or Mexico City); Art. 73-XXI (Congress legislates federal crimes and organized crime, and enacts a single national code of criminal procedure, sentence execution and juvenile justice governing both the federal and the common order); Art. 94 (the Supreme Court of nine Ministers, plus a judicial-administration body and a Judicial Discipline Tribunal); Art. 102-A (the Public Prosecution of the Federation is organised as an autonomous public body, the Fiscalía General de la República); Art. 21 (public security is a shared function of the Federation, the states and the municipalities; the investigation of crimes corresponds to the Public Prosecutor with the police under its conduct and command); Art. 18 (the penitentiary system, organised for social reinsertion); Art. 96 and Art. 116-III (judges elected by direct citizen vote — see the 2024 reform); and Art. 102-B (the human-rights commissions and their non-binding recommendations).