El ejercicio de la acción penal por particular

Abstract

This article aims to analyze the figure of private criminal action enshrined in current Mexican laws from a humanistic perspective. It will approach this analysis from the denominative, governmental, and legal formality perspectives. By examining these factors, the study will assess whether the process established by legislators guarantees legal certainty and procedural fairness for those who play the role of defendants, accused, or suspects. Additionally, it will evaluate the rights of the victim, ensuring their procedural fairness and the rule of law. To carry out this research, a dogmatic legal methodology was employed. This methodology involved the critical and systematic analysis of legal norms, doctrine, and jurisprudence related to the topic of study. Various research techniques were used, such as the analysis of legal texts, the consultation of specialized bibliography, and the review of relevant jurisprudence. The results of the study indicate that, while private criminal action represents a step forward in the protection of victims' rights, it must be implemented and exercised with extreme caution and within a robust legal framework that protects the rights of all parties involved.