Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18893
Raúl Iturralde González
Efficient breach is the idea that voluntarily breaching a contract could be economically advantageous for all the parties involved, as long as damages are paid to the non-breaching party. This vision is based on an economical perspective, but it fails to take into account other considerations within commercial relations. This article is the result of a research project in which interviews were performed to people involved in the automotive industry in the state of Querétaro, Mexico. The aim was to discover whether efficient breach is, in fact, used by merchants in the automotive cluster and the perspective that they have over this figure.
{"title":"The Use of Efficient Breach of Contracts in the Automotive Cluster of Querétaro, Mexico","authors":"Raúl Iturralde González","doi":"10.22201/iij.24485306e.2024.2.18893","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18893","url":null,"abstract":"Efficient breach is the idea that voluntarily breaching a contract could be economically advantageous for all the parties involved, as long as damages are paid to the non-breaching party. This vision is based on an economical perspective, but it fails to take into account other considerations within commercial relations. This article is the result of a research project in which interviews were performed to people involved in the automotive industry in the state of Querétaro, Mexico. The aim was to discover whether efficient breach is, in fact, used by merchants in the automotive cluster and the perspective that they have over this figure.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139797239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18895
Archana Vashishth, Sakshi Dudeja, Teena
Justice everywhere is threatened by injustice anywhere. After the Nirbhaya case verdict in Delhi, the State was accused of being lenient with one of the juvenile offenders; this may have been the cause of the public outcry. Consequently, the Juvenile Justice (Care and Protection) Act, (JJ Act) was passed by India in 2015. Children who commit horrible crimes cannot be dealt with lightly. However, as has been the case in the West, placing them in adult prisons would turn them into hardened criminals and repeat offenders. “Old enough to do the crime, young enough to do the time,” says the adage. Those who commit crimes must serve their sentences. The child activists contend that the Act is founded on the concepts of retribution and vengeance and has overturned all previous good laws. Children need food, not impediments to their growth. They require our society’s compassion rather than the harshness of the law. Restorative justice is a welcome idea. What is required is a shift in perspective, a readiness to prioritize victims in criminal proceedings, and an understanding that mending relationships and undoing harm are crucial components of the criminal justice system. Therefore, rather than simply passing judgment, it is our responsibility to uplift the weak, mend the broken, and comfort the grieving. The article focuses on youth crime kinds and causes, factors that lead to crime and restorative justice. This article also focuses on comparative analysis of Indian restorative justice system with Latin American restorative justice system in juvenile cases.
{"title":"System of Restorative Justice and Juvenile Justice in India: a Brief Comparative Study with Latin American System","authors":"Archana Vashishth, Sakshi Dudeja, Teena","doi":"10.22201/iij.24485306e.2024.2.18895","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18895","url":null,"abstract":"Justice everywhere is threatened by injustice anywhere. After the Nirbhaya case verdict in Delhi, the State was accused of being lenient with one of the juvenile offenders; this may have been the cause of the public outcry. Consequently, the Juvenile Justice (Care and Protection) Act, (JJ Act) was passed by India in 2015. Children who commit horrible crimes cannot be dealt with lightly. However, as has been the case in the West, placing them in adult prisons would turn them into hardened criminals and repeat offenders. “Old enough to do the crime, young enough to do the time,” says the adage. Those who commit crimes must serve their sentences. The child activists contend that the Act is founded on the concepts of retribution and vengeance and has overturned all previous good laws. Children need food, not impediments to their growth. They require our society’s compassion rather than the harshness of the law. Restorative justice is a welcome idea. What is required is a shift in perspective, a readiness to prioritize victims in criminal proceedings, and an understanding that mending relationships and undoing harm are crucial components of the criminal justice system. Therefore, rather than simply passing judgment, it is our responsibility to uplift the weak, mend the broken, and comfort the grieving. The article focuses on youth crime kinds and causes, factors that lead to crime and restorative justice. This article also focuses on comparative analysis of Indian restorative justice system with Latin American restorative justice system in juvenile cases.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139854586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18891
Pedro Rubén Torres Estrada
For years, combating money laundering has been a priority for the Mexican State. Frontal attack strategies have been used against criminal groups but have not yielded the expected effectiveness, as violence continues to escalate. This work begins with an assessment of the legal punishments applied to cases of money laundering in Mexico. Subsequently, it presents the fundamental rights that might be compromised in the process of collecting evidence and explores the use of the proportionality test as a parameter and method to ask judges to accept only admissible evidence to thus avoid issues of unconstitutionality. Finally, some evidence that can be employed to substantiate money laundering offenses and secure convictions are outlined. Furthermore, recommendations for public policy are made to address and enhance the efforts of stakeholders engaged in combating this crime, since to date, effectiveness in obtaining convictions has been remarkably low.
{"title":"The Constitutionality of the Proportionality Test to Prove Money Laundering","authors":"Pedro Rubén Torres Estrada","doi":"10.22201/iij.24485306e.2024.2.18891","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18891","url":null,"abstract":"For years, combating money laundering has been a priority for the Mexican State. Frontal attack strategies have been used against criminal groups but have not yielded the expected effectiveness, as violence continues to escalate. This work begins with an assessment of the legal punishments applied to cases of money laundering in Mexico. Subsequently, it presents the fundamental rights that might be compromised in the process of collecting evidence and explores the use of the proportionality test as a parameter and method to ask judges to accept only admissible evidence to thus avoid issues of unconstitutionality. Finally, some evidence that can be employed to substantiate money laundering offenses and secure convictions are outlined. Furthermore, recommendations for public policy are made to address and enhance the efforts of stakeholders engaged in combating this crime, since to date, effectiveness in obtaining convictions has been remarkably low.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139856138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18892
Naeem Allah Rakha
A lack of standards and regulations for handling digital evidence is impeding its admissibility in court proceedings. This article addresses the challenges of digital forensics in criminal investigations due to the rise of cybercrime. The literature existing studies on digital forensics, legal frameworks, and cybercrime is reviewed in order to find possible solutions. The results demonstrate the importance of collaboration between the legal and technological sectors in developing standardized norms and processes for digital evidence collection and processing. The findings also highlight the importance of digital forensics in criminal investigations and the need for a robust legal framework to combat cybercrime effectively. This note emphasizes the vital significance of digital forensics in criminal investigations and the need to develop standardized rules and procedures for the management of digital evidence. The recommendations presented in this article may assist policymakers and law enforcement authorities in designing legal framework capable of effectively confronting cybercrime.
{"title":"Cybercrime and the Law: Addressing the Challenges of Digital Forensics in Criminal Investigations","authors":"Naeem Allah Rakha","doi":"10.22201/iij.24485306e.2024.2.18892","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18892","url":null,"abstract":"A lack of standards and regulations for handling digital evidence is impeding its admissibility in court proceedings. This article addresses the challenges of digital forensics in criminal investigations due to the rise of cybercrime. The literature existing studies on digital forensics, legal frameworks, and cybercrime is reviewed in order to find possible solutions. The results demonstrate the importance of collaboration between the legal and technological sectors in developing standardized norms and processes for digital evidence collection and processing. The findings also highlight the importance of digital forensics in criminal investigations and the need for a robust legal framework to combat cybercrime effectively. This note emphasizes the vital significance of digital forensics in criminal investigations and the need to develop standardized rules and procedures for the management of digital evidence. The recommendations presented in this article may assist policymakers and law enforcement authorities in designing legal framework capable of effectively confronting cybercrime.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139796617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18895
Archana Vashishth, Sakshi Dudeja, Teena
Justice everywhere is threatened by injustice anywhere. After the Nirbhaya case verdict in Delhi, the State was accused of being lenient with one of the juvenile offenders; this may have been the cause of the public outcry. Consequently, the Juvenile Justice (Care and Protection) Act, (JJ Act) was passed by India in 2015. Children who commit horrible crimes cannot be dealt with lightly. However, as has been the case in the West, placing them in adult prisons would turn them into hardened criminals and repeat offenders. “Old enough to do the crime, young enough to do the time,” says the adage. Those who commit crimes must serve their sentences. The child activists contend that the Act is founded on the concepts of retribution and vengeance and has overturned all previous good laws. Children need food, not impediments to their growth. They require our society’s compassion rather than the harshness of the law. Restorative justice is a welcome idea. What is required is a shift in perspective, a readiness to prioritize victims in criminal proceedings, and an understanding that mending relationships and undoing harm are crucial components of the criminal justice system. Therefore, rather than simply passing judgment, it is our responsibility to uplift the weak, mend the broken, and comfort the grieving. The article focuses on youth crime kinds and causes, factors that lead to crime and restorative justice. This article also focuses on comparative analysis of Indian restorative justice system with Latin American restorative justice system in juvenile cases.
{"title":"System of Restorative Justice and Juvenile Justice in India: a Brief Comparative Study with Latin American System","authors":"Archana Vashishth, Sakshi Dudeja, Teena","doi":"10.22201/iij.24485306e.2024.2.18895","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18895","url":null,"abstract":"Justice everywhere is threatened by injustice anywhere. After the Nirbhaya case verdict in Delhi, the State was accused of being lenient with one of the juvenile offenders; this may have been the cause of the public outcry. Consequently, the Juvenile Justice (Care and Protection) Act, (JJ Act) was passed by India in 2015. Children who commit horrible crimes cannot be dealt with lightly. However, as has been the case in the West, placing them in adult prisons would turn them into hardened criminals and repeat offenders. “Old enough to do the crime, young enough to do the time,” says the adage. Those who commit crimes must serve their sentences. The child activists contend that the Act is founded on the concepts of retribution and vengeance and has overturned all previous good laws. Children need food, not impediments to their growth. They require our society’s compassion rather than the harshness of the law. Restorative justice is a welcome idea. What is required is a shift in perspective, a readiness to prioritize victims in criminal proceedings, and an understanding that mending relationships and undoing harm are crucial components of the criminal justice system. Therefore, rather than simply passing judgment, it is our responsibility to uplift the weak, mend the broken, and comfort the grieving. The article focuses on youth crime kinds and causes, factors that lead to crime and restorative justice. This article also focuses on comparative analysis of Indian restorative justice system with Latin American restorative justice system in juvenile cases.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139794676","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-07DOI: 10.22201/iij.24485306e.2024.2.18893
Raúl Iturralde González
Efficient breach is the idea that voluntarily breaching a contract could be economically advantageous for all the parties involved, as long as damages are paid to the non-breaching party. This vision is based on an economical perspective, but it fails to take into account other considerations within commercial relations. This article is the result of a research project in which interviews were performed to people involved in the automotive industry in the state of Querétaro, Mexico. The aim was to discover whether efficient breach is, in fact, used by merchants in the automotive cluster and the perspective that they have over this figure.
{"title":"The Use of Efficient Breach of Contracts in the Automotive Cluster of Querétaro, Mexico","authors":"Raúl Iturralde González","doi":"10.22201/iij.24485306e.2024.2.18893","DOIUrl":"https://doi.org/10.22201/iij.24485306e.2024.2.18893","url":null,"abstract":"Efficient breach is the idea that voluntarily breaching a contract could be economically advantageous for all the parties involved, as long as damages are paid to the non-breaching party. This vision is based on an economical perspective, but it fails to take into account other considerations within commercial relations. This article is the result of a research project in which interviews were performed to people involved in the automotive industry in the state of Querétaro, Mexico. The aim was to discover whether efficient breach is, in fact, used by merchants in the automotive cluster and the perspective that they have over this figure.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139856864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-03DOI: 10.22201/IIJ.24485306E.2021.1.16097
D. Miralles
Traditionally, the legislative practice has been described from the moment the bills enter the Assemblies or Parliaments until they are promulgated into law, but there is a lot of opacity regarding what the doctrine knows about the previous moment, that is, the pre-legislative procedures, which finally determine the way in which a problem will be approached legislatively, the content that these texts will develop and who has influenced the strategy deployed. This note seeks to make visible certain practices within the administration that allow understanding which is the starting point of a bill, how the knowledge of the administration members is structured and some of its problems, which are the sources of information for the elaboration of diagnoses, what should be the previous steps for the creation of a regulation and the existence of an institutionality that gives certainty, who influences the drafting of a legal text, what have some Latin American countries done to advance on this issue and how an evidence-based bill should be structured so that its result is close to the optimum expected in terms of legal effectiveness and transparency and accountability to citizens. Finally, this note concludes on the benefits derived from the strengthening of administrative capacity that allow generating, structuring and articulating technical, impartial and transparent information to promote evidence-based laws whose follow-up and evaluation allow assess their ex post effectiveness.
{"title":"Evidence-Based Laws and the Administrative Capacity to Generate Information for the Legislative Process","authors":"D. Miralles","doi":"10.22201/IIJ.24485306E.2021.1.16097","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.1.16097","url":null,"abstract":"Traditionally, the legislative practice has been described from the moment the bills enter the Assemblies or Parliaments until they are promulgated into law, but there is a lot of opacity regarding what the doctrine knows about the previous moment, that is, the pre-legislative procedures, which finally determine the way in which a problem will be approached legislatively, the content that these texts will develop and who has influenced the strategy deployed. This note seeks to make visible certain practices within the administration that allow understanding which is the starting point of a bill, how the knowledge of the administration members is structured and some of its problems, which are the sources of information for the elaboration of diagnoses, what should be the previous steps for the creation of a regulation and the existence of an institutionality that gives certainty, who influences the drafting of a legal text, what have some Latin American countries done to advance on this issue and how an evidence-based bill should be structured so that its result is close to the optimum expected in terms of legal effectiveness and transparency and accountability to citizens. Finally, this note concludes on the benefits derived from the strengthening of administrative capacity that allow generating, structuring and articulating technical, impartial and transparent information to promote evidence-based laws whose follow-up and evaluation allow assess their ex post effectiveness.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46502785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-03DOI: 10.22201/IIJ.24485306E.2021.1.16095
Gabriel Zanatta Tocchetto
This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.
{"title":"The Moral Clause in Patent Law and Threats Posed by Human Germl ine Genome Editing","authors":"Gabriel Zanatta Tocchetto","doi":"10.22201/IIJ.24485306E.2021.1.16095","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.1.16095","url":null,"abstract":"This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46321065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-03DOI: 10.22201/IIJ.24485306E.2021.1.16091
Rita E. Kuckertz
This article examines the impact of Mexico’s 2008 criminal justice reform on the practice of utilizing torture and mistreatment to extract criminal confessions. Complaint data submitted to the National Commission on Human Rights (Comisión Nacional de Derecho Humanos, CNDH) and detainee survey data compiled by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI) were employed to assess if the use of torture and mistreatment by judicial sector operators had decreased (1) in states with advanced levels of reform implementation and (2) in judicial districts that had already implemented the reform. The author also examined the incidence of forced confessions before and after the reform’s implementation at the judicial district level. The author hypothesized that decreases in torture, mistreatment, and forced confessions would be observed in each of these cases. Basic correlation and regression tests were employed to assess the geographic hypothesis, while two chi-square tests for independence were used for judicial district data. The results of these analyses demonstrate evidence rejecting the null hypothesis in each instance, suggesting that the reform can indeed be credited for small but meaningful reductions in torture, mistreatment, and forced confessions in Mexico. The author argues that reforms must be accompanied by further action to address the pervasive use of torture and mistreatment in Mexico.
本文探讨了墨西哥2008年刑事司法改革对刑讯逼供的影响。提交给国家人权委员会(Comisión Nacional de Derecho Humanos, CNDH)的投诉数据和国家统计和地理研究所(Instituto National de Estadística y Geografía, INEGI)汇编的被拘留者调查数据被用来评估司法部门工作人员使用酷刑和虐待的情况是否有所减少(1)在改革实施水平较高的州和(2)在已经实施改革的司法区。作者还审查了在司法区一级实施改革前后的逼供发生率。提交人假设，在每一种情况下，酷刑、虐待和逼供都会减少。对地理假设的评估采用基本的相关检验和回归检验，对司法区域数据的独立性采用两个卡方检验。这些分析的结果在每个例子中都证明了否定零假设的证据，表明这项改革确实可以为墨西哥的酷刑、虐待和强迫供词的减少做出微小但有意义的贡献。提交人认为，改革的同时必须采取进一步行动，解决墨西哥普遍使用酷刑和虐待的问题。
{"title":"Torture, Mistreatment, and Forced Confessions in Mexico’s Accusatorial Criminal Justice System","authors":"Rita E. Kuckertz","doi":"10.22201/IIJ.24485306E.2021.1.16091","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.1.16091","url":null,"abstract":"This article examines the impact of Mexico’s 2008 criminal justice reform on the practice of utilizing torture and mistreatment to extract criminal confessions. Complaint data submitted to the National Commission on Human Rights (Comisión Nacional de Derecho Humanos, CNDH) and detainee survey data compiled by the National Institute for Statistics and Geography (Instituto Nacional de Estadística y Geografía, INEGI) were employed to assess if the use of torture and mistreatment by judicial sector operators had decreased (1) in states with advanced levels of reform implementation and (2) in judicial districts that had already implemented the reform. The author also examined the incidence of forced confessions before and after the reform’s implementation at the judicial district level. The author hypothesized that decreases in torture, mistreatment, and forced confessions would be observed in each of these cases. Basic correlation and regression tests were employed to assess the geographic hypothesis, while two chi-square tests for independence were used for judicial district data. The results of these analyses demonstrate evidence rejecting the null hypothesis in each instance, suggesting that the reform can indeed be credited for small but meaningful reductions in torture, mistreatment, and forced confessions in Mexico. The author argues that reforms must be accompanied by further action to address the pervasive use of torture and mistreatment in Mexico.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43235193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-03DOI: 10.22201/IIJ.24485306E.2021.1.16096
Florencia Aurora Ledesma Lois
main task of the Mexican notary is to provide, at the request of individuals, certainty and security to legal acts and facts through the exercise of public trust, which is characterized by the specialization of its function and the expertise required to perform the activity. However, in modern times, its obligations have been expanded to include assisting national and international authorities in the fight against the crime of money laundering and its provenance, such as drug trafficking, extortion, theft, corruption, embezzlement, tax and investment fraud, terrorism and its financing, among others. Therefore, the main objective of this note is to analyze the mandatory burden on notaries within the national legal framework, which has been established in accordance with globally imposed demands to combat the perpetration of such illegal behaviors. Similarly, the possible penalties that may apply in the event of non-compliance with the applicable provisions shall be examined from a critical and theoretical perspective. The research problem is addressed from a dogmatic and formalist methodology consistent with the subject of study, providing an explanation based on the factual, regulatory, and axiological dimensions.
{"title":"Mexican Notary Publics in the Fight Against Money Laundering","authors":"Florencia Aurora Ledesma Lois","doi":"10.22201/IIJ.24485306E.2021.1.16096","DOIUrl":"https://doi.org/10.22201/IIJ.24485306E.2021.1.16096","url":null,"abstract":"main task of the Mexican notary is to provide, at the request of individuals, certainty and security to legal acts and facts through the exercise of public trust, which is characterized by the specialization of its function and the expertise required to perform the activity. However, in modern times, its obligations have been expanded to include assisting national and international authorities in the fight against the crime of money laundering and its provenance, such as drug trafficking, extortion, theft, corruption, embezzlement, tax and investment fraud, terrorism and its financing, among others. Therefore, the main objective of this note is to analyze the mandatory burden on notaries within the national legal framework, which has been established in accordance with globally imposed demands to combat the perpetration of such illegal behaviors. Similarly, the possible penalties that may apply in the event of non-compliance with the applicable provisions shall be examined from a critical and theoretical perspective. The research problem is addressed from a dogmatic and formalist methodology consistent with the subject of study, providing an explanation based on the factual, regulatory, and axiological dimensions.","PeriodicalId":41684,"journal":{"name":"Mexican Law Review","volume":null,"pages":null},"PeriodicalIF":0.1,"publicationDate":"2021-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45165837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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