# Reporting a crime in Mexico



## Guest (Jan 3, 2012)

pappabee said:


> I went to the Ministerio Publico in Chapala to help a friend report a crime.


Sorry this is long - but this is what you need to know about following up if you have suffered a property crime, and the perp wasn't caught in the act. Ministerio Publico isn't about making friends, it's about a well-prescribed process.

RVGringo is correct - the police can only act if the perp is caught in the act of a crime, or to prevent a crime. Consider yourself lucky pappabee - when I did this, we waited over 2 1/2 hours before going in to speak with the Procurador, and then spent two more hours talking with him, along with several followup visits. It all depends on how much business they have at the moment. I'm pretty sure that you need make a denuncia within 24 hours following the crime or the discovery of the crime.

*One piece of advice here* ( and yes, I followed this advice): even if you suspect a particular person but did not catch them in the act of doing it *DO NOT CONFRONT THEM AND ACCUSE THEM*, or mouth off to anyone else about "who did this" and naming names. If the prosecution somehow does not proceed, or if you falsely accuse someone and it is later proven that someone else did the act, they can AND WILL sue you for defamation of character. Just shut your mouth, and go to the Ministerio Publico and let them deal with it. Keep your mouth shut until the entire process finishes and a conviction is made.
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If the event has already occurred, and the perp is gone, here is the entire procedure I went through in Queretaro state with the PGJ in 2011:

The person offended (the victim) must go to the Ministerio Publico and make a "denuncia". The victim may bring witnesses to also make a statement. Yes, the statements must be in Spanish (or another local MX language if used in that area). If you don't speak Spanish, bring along an upright person who is not somehow involved in the case or an attorney, who is bilingual.

The denuncia is made to a Procurador (prosecutor). The prosecutor is representing the victim and the victim is his/her "ofendido". The first part of the denuncia consists of the victim's information, and yes it does get quite detailed - it's like opening the entire book of your life on the record. The witnesses will do the same, and give their accounts in separate, signed statements to the Procurador.

The victim and any witnesses should bring their passports and visas, or their electoral carnet with them to the Prosecutors office. Under MX law, everyone is equal in the eyes of the law, at least that's what the law says - tourist, resident or citizen.

The following part of the denuncia is the victim's statement of what happened, any ideas about who the possible perp was or could be, and descriptions of any losses. The procurador had no problem with me asking a lot of questions, or giving a great amount of details to him. I didn't wait for him to ask questions, it was more of a long conversation.

If the suspected perp was your employee, bring along copies of your copies of their official ID, home address, telephone numbers, etc. to give to the Procurador.

Following that, the Procurador will print out your statement, ask you to read it, and then sign each and every page. Make sure that your name is spelled correctly and that your address and ID numbers are correct - mistakes happen that can cause problems later. 

At this point, you will not get a copy of your statement. *The Procurador will however give you a one page document which gives basic information, and a File number (it will say at the top: " AVERIGUACION: Office code / the file number / year".* 

*DON'T LOSE THIS DOCUMENT, OR AT LEAST REMEMBER THIS FILE NUMBER AND OFFICE CODE *, because anytime you call or go to their office, you need to know it so they can pull it up in the system. There will also be contact telephone numbers. As you walk out of the office, also note which office you are dealing with - there will be a plaque next to the door going in. In my case, the PGJ has three different local offices dealing with crime, and only one knows what I'm talking about....

Just in case, ask the Procurador for his extension number and his mobile telephone number in case you need to reach him. (don't abuse this by calling them unless it's really important and they will keep answering your calls.) Ask him what his working hours are - in my case, the Procurador works a 24 hour shift every third day. He also frequently attends PGJ courses so he is effectively only in his office every third day from 8am-9am, and then again from 6pm or 8 pm until the following morning at 8 am.
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The next day, or several days later, a "perito" will visit. This is the forensic investigator. Ask for their ID before allowing them to enter your home or business. In the case of a burglary, the perito will examine the entry doors, windows and locks for evidence of damage or tampering, the inside of the house, the outside of the house, the affected areas, take photographs, and may or may not check for fingerprints or other types of evidence depending on their judgement.
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Following the perito's visit, the next day or a few days later the police detectives will come to speak with you. Ask for their ID before allowing them to enter your home or business. They will be more concerned about the losses, and will ask more questions about your ideas about who the perp may be, etc. They need information about the crime and are looking for leads. They may talk to your neighbors to see if they saw or know anything.
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If the police detectives pin down a perp, they will question them. If they recover any of the stolen goods from the suspect, they will then take their fingerprints, take their photographs, copy their ID, and get their addresses for home and work. The police will then take the suspected perp to the Procurador for that person to give their own statement to the Procurador. 

He will then print their statement out, ask the suspect to review it and to sign each page of their statement. No, you will not be present when the suspect gives their statement. *The suspect WILL NOT be arrested at this point* if they have not been caught in the act or even if some of the allegedly stolen goods were found on their person or their premises.

You will probably also have to furnish proof of ownership of what you claim was stolen. This can happen in the days following your initial visit for your denuncia. Original invoices or receipts are best, but copies will serve. In the absence of receipts, two other persons must provide a statement attesting that yes, they know that you did have those items in your possession. You will need to show the original receipts to the Procurador and also give him 4 copies of each receipt or statement.
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If the police detectives did recover any or all of your goods, once the peritos finish their work, you may be able to get your recovered stuff back. You will need to again present the original proof of ownership, AND 4 COPIES of each receipt for the goods recovered, and your ID documents, and the peritos may be able to release your goods to you. If so, you will need to sign another letter from the Procurador's office stating that you have received the goods listed in that letter into your possession. (read the letter to make sure it's correct and that all numbers match - mistakes happen.)
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Following this, if you present a letter asking for a CERTIFIED copy of all documents related to your file number, you can get the copies. In my case, the admin assistant made a second set of all documents, went through an excruciating process of signing, stamping and making all kinds of marks on each page, numbering by hand each page, and then binding them together. 

She then gave these copies to me and told me to go to an outside copy shop and get a copy of each page and bring all copies back. When you come back with her original copies, and your copies, she will then go through the same process of signing and stamping both sides of each page of your copies, and wallah! you have your own set of all of the documents.
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After all of these steps are completed, the procurador must analyze them and decide what criminal charges to pursue. In Mexico, if the Procurador decides to pursue it as a serious crime (this can be based upon the value of the goods stolen, or the gravity of any related crimes) they have to be very careful. If they fail to prove their case for a serious crime charge to a judge, the Procurador can be jailed for the same sentence as a conviction would have given an unproven defendant. (twisted).

Once the Procurador is ready, he presents his documents and case to a judge. If the judge agrees, the judge issues an Orden de Aprensión (an Arrest Warrant) which the police detectives then carry out. The charged suspect is taken to jail, where they may or may not be able to post bail until the trial.
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If convicted, the person will also receive a restitution order. An attorney advised me that restitution may take 3 or 4 years to receive, if the victim ever does receive it. If a convicted person tries to retitle property, etc in order to avoid restitution to the victim, they can then be charged with fraud.

Should you remember other things later, you can go back to the Procurador and make an addendum statement. I was also told by their personnel that yes, sometimes files get lost or go missing. Get your certified copies when you are able to do so to avoid a future problem, or for use in any related civil lawsuits which are separate from the criminal action.

Hopefully, this long post may help someone else understand the process should they need to do so.


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