'Rights during trial - disclosure of evidence to defence' in document 'Mexico - Constitution'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE ONE

CHAPTER I
Fundamental rights

Article 20

B. Defendant’s rights

VI. The defendant has the right to be provided with all the information on record in the proceeding for his defense.

The accused and his counsel can access to the investigation records: a) when the accused is under arrest, b) when he makes his statement or is interviewed, c) before the first hearing. Once the first hearing has been carried out, information on investigation cannot be kept in secret, except for exceptional cases determined by the law, whenever that is imperative to ensure the success of the investigation and provided that they are revealed in time to safeguard defendant’s rights.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.