The New Criminal Accusatory System in Mexico and its Effects in the IP - Intellectual Property - Mondaq Mexico - Mondaq Business Briefing - Books and Journals - VLEX 642175969

The New Criminal Accusatory System in Mexico and its Effects in the IP

Author:Ms Ana Albarrán
Profession:Clarke, Modet & Co (Mexico)

The next June 18th, finally expires the term stablished for entry into force, the new National Criminal Proceeding Code (NCPP), which is compulsory for all and in each one of the States of Mexico. This new ordinance abrogates the last Code of 1934 and brings a new and homogenized criminal accusatory proceeding system.

The need of having a single ordinance of criminal proceedings led to the development of this Code, which intends to harmonize the existing different criteria applicable in each one of the Mexican entities, in order to ground them into one only. This arises from the amendment made in our Supreme Law in 2008 and, consequently, this new ordinance was published in 2014 and has gradually been entering into force in the different Mexican States. It is ineluctable that we will have a new justice system shortly, which requires to be studied and in our case as Intellectual and Industrial Property (IIP) experts, from now on, it is essential to evaluate its effects on this area.

As it is known, the defense and compliance of the IIP rights may be carried out from three different approaches, criminal action, civil action and administrative action. Those mechanisms are different between them, since each one of them, seeks to protect the IIP from distinct angles and for different purposes. Hence, for obvious reasons, in this article, we are going to focus in the analysis of criminal actions, which per se treat behaviors which attempt against the rule of law considered as crimes. Now, in general, in the IIP area in the different applicable regulations, - namely, articles 223 and 223 BIS of the Industrial Property Law (industrial property crimes) and 424 to 429 of Federal Criminal Code (copyrights and neighbors crimes) -, there are crimes qualified as high crimes and crimes qualified as low crimes; as well as, there are crimes which are officially prosecutable (at the authority's initiative) and crimes which necessary require the complaint initiated by the victim and/or offended, notice that there is no relation between the first one and second one. This is why, the need of explaining some of the most essential points that comprise this new criminal proceeding in Mexico.

We cannot fail to mention the innovativeness of the new criminal system, consisting on the presence of a jurisdictional figure named "Control Judge", which is present since the beginning of the procedure (investigation), - without leaving out the figure of the District...

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