How Mexico’s Federal Criminal Justice System Works: A Guide for Canadians
- Guillermo Cruz-Rico
- Oct 29, 2025
- 5 min read
Updated: Nov 4, 2025
Mexico’s criminal justice system operates under an accusatorial and oral model, where prosecutors investigate, judges ensure due process, and trials are public and adversarial. Similar to Canada’s criminal procedure, it includes stages of investigation, intermediate review, oral trial, appeal, and constitutional review (amparo) under federal supervision.
How to Enforce a Canadian Judgment in Mexico: A Step-by-Step Guide
Introduction
Why Canadians Should Understand Mexico’s Federal Criminal Justice System
For Canadians doing business, living, or traveling in Mexico, understanding the country’s criminal justice process is essential. Whether you’re a journalist covering legal issues, a lawyer assisting clients, or a policymaker studying cross-border cooperation, knowing how Mexico’s federal system operates helps bridge one of the most important institutional gaps between our two nations.
At MC Law Firm | Abogados, our binational experience allows us to explain these mechanisms clearly—highlighting where the Mexican and Canadian systems align and diverge.
Mexico’s Federal Criminal Justice System, from Inquisitorial to Oral: 2008 Criminal Justice Reform
Until 2008, Mexico’s Federal Criminal Justice System followed an inquisitorial model, where written proceedings and limited public participation were the norm. That year, Mexico’s Constitution was amended to adopt an accusatorial and oral system, implemented nationwide in 2016.
This reform modernized criminal justice in Mexico, emphasizing:
Transparency through public oral hearings.
Presumption of innocence.
Adversarial trials with prosecution and defence equality.
Judicial control of legality and rights protection.
In Canada, the Criminal Code and Charter of Rights and Freedoms similarly uphold fairness, openness, and judicial independence. However, Mexico’s reform represents a relatively recent transformation—still evolving in practice.
Since 2014 assisting Canadians with legal needs in Mexico, including Criminal defence and representation.
The Main Procedural Stages
Mexico’s federal criminal procedure is structured around five main stages, closely aligned with the logic of common-law criminal proceedings but under a civil-law framework.
1. Investigation Stage (Investigación)
The Fiscalía General de la República (FGR)—Mexico’s federal prosecution service—leads investigations into alleged crimes. This stage begins once authorities learn of an offence (notitia criminis).
There are two sub-phases:
Initial (Preliminary Investigation): Evidence collection, witness interviews, and expert reports. The suspect’s rights are protected by the Constitution (Article 20).
Judicialized Investigation: Once formal charges (imputación) are presented before a Control Judge (Juez de Control), this judge ensures due process, similar to how a Justice of the Peace or Provincial Court judge in Canada supervises bail and warrants.
If sufficient evidence exists, the prosecutor seeks formal linkage to process (vinculación a proceso)—comparable to a committal for trial in Canada.
2. Intermediate Stage (Etapa Intermedia)
This phase filters evidence before trial. The Control Judge reviews admissibility of evidence and determines which witnesses or documents will be presented.
In Canadian terms, this resembles a pre-trial conference or preliminary inquiry, where both sides define their case theory. The aim is to ensure procedural economy and avoid surprises at trial.
3. Oral Trial Stage (Juicio Oral)
The Trial Tribunal (Tribunal de Enjuiciamiento)—composed of one or three judges—presides over the oral hearing. Proceedings are public, adversarial, and oral.
Both prosecution and defence present opening statements, witness testimony, and final arguments. The judges issue a verdict (sentencia) based solely on what was presented in court.
In Canada, this stage corresponds to a trial before a judge or jury, though Mexico does not use juries in federal cases.
4. Appeals (Recursos)
Once sentenced, the defendant or prosecutor may appeal based on errors of law or fact. Appeals in Mexico are usually reviewed by a Unitary or Collegiate Tribunal, analogous to a Court of Appeal in Canada.
5. Amparo (Constitutional Review)
Unique to Mexico, the amparo is a constitutional remedy protecting individuals from violations of fundamental rights by authorities.
It functions as a blend of habeas corpus and judicial review, ensuring that every act of government, including judicial decisions, complies with the Mexican Constitution.
While Canada does not have a direct equivalent, Charter litigation serves a similar function in protecting constitutional rights through judicial oversight.
Key Institutions and Roles
Institution | Role | Canadian Equivalent |
Fiscalía General de la República (FGR) | Federal prosecution service | Public Prosecution Service of Canada |
Juez de Control | Supervises investigation and rights | Justice of the Peace / Provincial Judge |
Tribunal de Enjuiciamiento | Conducts trial and issues verdict | Trial Court / Superior Court of Justice |
Tribunal Colegiado / Unitario | Hears appeals | Court of Appeal |
Suprema Corte de Justicia de la Nación | Constitutional court for amparo | Supreme Court of Canada |
Main Differences Between Mexico and Canada
Legal Tradition: Mexico applies civil law, based on codes and written statutes; Canada (except Quebec civil law in private matters) applies common law.
Role of Judges: Mexican judges are active in procedural control; Canadian judges act more as referees.
Constitutional Oversight: Mexico’s amparo is available even after final judgment, while Canadian Charter challenges often occur within the same proceeding.
Transparency: Both systems emphasize public trials, but Mexico’s oral hearings were only recently standardized nationwide.
Challenges and Ongoing Reforms
Despite major progress, Mexico still faces challenges in:
Ensuring uniform application across states.
Reducing pre-trial detention.
Protecting witnesses and victims.
Strengthening police investigation capacity.
Canada’s long-standing experience with independent policing and prosecution could serve as a valuable reference for continued reform efforts.
Final Thoughts and Practical Implications
For Canadians dealing with criminal or cross-border legal matters in Mexico, understanding the structure, logic, and rights within Mexico’s federal criminal procedure is essential.
The system is not opaque—it is methodical, codified, and constitutionally robust when properly applied.
At MC Law Firm | Abogados, we assist clients navigating criminal and human rights issues in Mexico and Canada, combining knowledge of both systems to protect their rights and ensure due process across borders.
FAQ
What is the main difference between Mexico’s and Canada’s criminal justice systems?
Mexico follows a civil-law accusatorial model; Canada follows a common-law adversarial system. Mexico’s proceedings are more codified and judge-driven
What is an “amparo” in Mexican law?
It’s a constitutional remedy that protects individuals from government actions violating fundamental rights.
Are trials in Mexico public?
Yes. Since 2016, all criminal trials in Mexico must be oral and public, enhancing transparency.
Who leads criminal investigations in Mexico?
The Fiscalía General de la República (FGR) conducts investigations, supervised by a Control Judge.
CALL TO ACTION
If you are facing a criminal issue, investigation, or need to coordinate legal defence across borders, our team at MC Law Firm | Abogados can help.We offer strategic advice and representation grounded in dual knowledge of Mexican and Canadian law.📞 Contact us today to schedule a consultation.