Implementation of the system of criminal mexican criminal trials’ issues. The theme of the accusatory

Abstract

The purpose of the research here described, was to investigate if the “accusatorial

principle” contained in Mexican criminal trials’ model, is enough to consider

those Mexican trials in the context of accusatorial systems. That because there is

no theoretical or practical reference to classify them as accusatorial or inquisitorial,

originating confusion in the sistematic labours. In the study, self-steering systems

theory of Niklas Luhmann and his functional method were used, developing a

documental research and following a second-order observation thecnique. All of

that under a constructivistic epistemological view.

The observation allowed the fixation of the systemic trial elements, which are the
accusatorial party, the defendant and the deciding authority. Based on that division, operating trial’s system was revealed, as well as its limits, environment,

meaning, structures, program and self-reference. In those conditions, it was found

that the Mexican trials’ systemic structure –based on functional division of the

involving elements–, is a sustainable concept to consider that the Mexican criminal trials’ model, act invariably following the accusatorial pattern, becoming that

way a truly accusatorial system.