Mandatory Pre-trial Detention and Criminal Arrest (Arraigo Penal): Analysis of an Unconventional Constitution in the Face of Ordinary Restrictions

Abstract

Arraigo as an investigation technique in criminal matters and informal preventive detention are two legal figures provided for in the Federal Constitution that, despite being unconventional, continue to be applied in practice by federal and state jurisdictional bodies; The worst part of the case is that, despite the fact that the Federal Executive Branch is aware of such a situation, it continues to propose reforms that add more criminal offenses to the list of behaviors that alone merit informal preventive detention and, in the case of arraigo, It is used as the most effective investigation technique to prosecute members of organized crime. The point of reflection of this brief analysis is not focused on demonstrating the catalog of human and fundamental rights that both legal figures transgress at the international level, but rather the reader glimpses that the ordinary constitutional restrictions provided for in Article 1 of the Federal Constitution prevent In practical reality, a true block of constitutionality can be consolidated, which means that the supreme law must be classified as unconventional, for the simple fact that in Mexico the idea of maintaining that the Constitution is not well regarded. Unconstitutional.