Mexico: Documents issued by the police, including police reports, criminal complaints, and temporary closure (archivo temporal) [also translated as temporary archive, temporary file, and temporary reserve]; appearance and security features; procedures to obtain a copy; samples (2021–September 2023)
1. Overview
A report by the US Overseas Security Advisory Council (OSAC) states that Mexico's Office of the Attorney General (Fiscalía General de la República, FGR) [also translated as the Office of the Prosecutor General] investigates and prosecutes "federal crimes" while the State Attorney General's Office (Fiscalía General del Estado, FGE) of each state or city handles "state and local crimes" (US 2022-06-15). According to the Mexican government's website, the FGR is [translation] "primarily responsible for investigating and prosecuting federal crimes"; its head, the Attorney General, presides over the Federal Public Ministry (Ministerio Público de la Federación) [also translated as the Prosecutor's Office] and the investigations police (Mexico n.d.a).
The OSAC states the following about reporting crimes in Mexico:
Victims must make a complaint (denuncia) to police or the local branch of the State Prosecutor's Office (Ministerio Publico). When making a denuncia, the burden of proof is on the individual to substantiate that a crime occurred. Even after filing a denuncia properly, the complainant must ratify it several days later. … Police rarely investigate non-violent or minor property crimes.
…
Not all uniformed police perform investigative functions or can take denuncias. In some cases, their roles are to patrol and prevent crimes. (US 2022-06-15)
DataMéxico, a Government of Mexico platform integrating and visualizing data from "a diverse range of databases" (Mexico n.d.b), indicates, based on data from the Executive Secretariat of the National Public Security System (Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública, SESNSP), that a total of 188,265 criminal complaints were filed in May 2023 (Mexico [2023-06]). The same source indicates, still citing the SESNSP, that the most common complaints during this period were theft/robbery (25.9 percent), domestic violence (13.9 percent), and injury (10.6 percent), which together represented 50.4 percent of total complaints for the month (Mexico [2023-06]).
2. Legislation
2.1 National Code of Criminal Procedures (Código Nacional de Procedimientos Penales)
Mexico's criminal procedures code provides the following about complaints:
[translation]
CHAPTER VI
POLICE
Article 132. Obligations of the Police
…
For the purposes of this Code, Police Officers shall have the following obligations:
I. Receive complaints on events that may constitute a crime and inform the Public Ministry by any means and immediately of the proceedings carried out.
II. Receive anonymous complaints and immediately bring them to the attention of the Public Ministry in order to coordinate the investigation;
… (Mexico 2014, bold in original)
3. Documents Issued by the Police
3.1 Police Reports
The SESNSP provides the following guidelines regarding standardized police reports (informe policial homologado, IPH) [also translated as approved police report]:
[translation]
GUIDELINES FOR THE FILLING, DELIVERY, RECEPTION, REGISTRATION, STORAGE, SAFEKEEPING AND CONSULTATION OF THE STANDARDIZED POLICE REPORT
FIRST. PURPOSE AND SCOPE OF APPLICATION.
The Standardized Police Report is the means by which members of police institutions document information related to the delivery to the competent authorities of people and/or objects resulting from [police] intervention.
The Standardized Police Report is intended to streamline the delivery process, ensure due process, and promote the use of the information for intelligence actions.
…
EIGHTH. OBLIGATIONS OF POLICE INSTITUTIONS AND COMPETENT AUTHORITIES.
I. The police institutions of the three levels of government shall have the following obligations:
a) Use only the IPH format referred to in these Guidelines;
b) Ensure the availability and quality of supply of the printed IPH format for the personnel who require the forms, which is included in the Single Attachment to these Guidelines;
…
f) For the IPH identification number, use only the Reference Number or the File Number assigned by the Secretariat's system;
…
NINTH. DATABASE ACCESS LEVELS AND PROFILES.
The access levels and profiles for the IPH database will be as follows:
I. Data entry: Profile oriented to public servants of the police institutions of the three levels of government whose duties include collecting and recording information in the database, which can be obtained in printed or digital format. The person entering the data will be able to visualize the information in process and, if necessary, act on the observations made by the supervisor and consult the information that will allow him/her to perform his or her functions according to his or her access level.
…
TENTH. PROMOTION AND AVAILABILITY OF IPH.
Public security institutions and those that recognize and sanction administrative infractions will be obliged to use only the IPH published by the Secretariat.
…
THIRTEENTH. DELIVERY AND RECEIPT OF THE IPH.
The members of the police institutions of the three levels of government that enter data in the IPH must deliver the form along with the detained and/or arrested persons and/or the secured objects to the competent authority, which will depend on whether it is a probable criminal act or an administrative infraction.
The competent authority shall be obliged to receive the IPH along with the detained and/or arrested persons and/or the secured objects, within a maximum period of two hours from when the police institutions transferring custody arrive at its offices.
The competent authority shall provide proof of receipt with stamp and signature as indicated on the form itself.
Proof of receipt must be filed and kept in the places designated for this purpose in the offices of the applicable police institutions of the three levels of government.
Public servants who fill out the IPH on paper will provide a copy of the document to their assigned agency for digitization and entry into the database.
Public servants completing the IPH using mobile devices shall digitize the complete document of the acknowledgement received by the competent authority and save it as an attachment in the database.
FOURTEENTH. RECORDING OF THE INFORMATION IN THE IPH DATABASE.
Information will be entered into the database as follows:
I. The collection and recording of the information entered into the database is mandatory and will be responsibility the police institutions of the three levels of government.
…
III. The recording of the data contained in the IPH and its digitization shall be carried out immediately, within a maximum period of twenty-four hours from the time of receipt by the competent authority; and
IV. The Secretariat shall ensure the operation, availability, interconnection and maintenance of the technological components that support the IPH database and computer systems.
…
SIXTEENTH. CONSULTATION OF THE IPH DATABASE.
Public servants from the Secretariat, [from] public security institutions of the three levels of government, and [from] those [institutions] competent to recognize and sanction administrative infractions may consult the database according to their access levels and profiles. (Mexico 2020-01-22, emphasis in original)
3.2 Procedures to Obtain a Copy
Information on the procedures to obtain a copy of police reports could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3.3 Appearance and Security Features
Blank samples of an IPH for a suspected criminal act (Attachment 1) and for civic justice (Attachment 2) are attached to this Response.
Information on appearance and security features of the police reports could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
4. Criminal Complaints to the FGR and FGEs
According to the Mexican Commission for the Defence and Promotion of Human Rights (Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, CMDPDH), an [translation] "independent" civil society organization (CMDPDH n.d.a), federal crimes (delitos del fuero federal) are those that are committed by or against federal agents such as members of the Army, Navy, Federal Police and National Guard [translation] "in the course of their duties or as a result of them," or those committed in areas under federal jurisdiction such as airports, highways, embassies, or consulates (CMDPDH n.d.b). The website of the Government of Mexico notes that individuals can file a complaint with the Federal Public Ministry regarding any facts that may constitute a federal crime; this can be done online through the FGR's Centre for Complaints and Citizen Assistance (Centro de Denuncia y Atención Ciudadana, CEDAC) or by telephone, by email, or in person at the FGR offices in Mexico City (Mexico n.d.a). The FGR website provides the following regarding the crimes under its jurisdiction:
[translation]
CEDAC handles crimes that fall under the jurisdiction of the FGR, such as kidnapping; drug trafficking; gender violence; sexual exploitation of children; forgery; … forced disappearance of persons; crimes against copyright; abuses of authority; discrimination; human trafficking; kidnapping, abuse, or sexual harassment involving public servants; crimes against industrial property; environmental crimes; bribery; embezzlement; damage to public roads; falsification of documents; theft of hydrocarbons; forgery or alteration of currency; crimes committed by public servants against the administration of justice; organ trafficking, crimes linked to organized crime, [and] arms trafficking. (Mexico 2020-04-20)
The CMDPDH indicates that federal crimes can be reported to state-level FGR [translation] "delegations" (CMDPDH n.d.b). The same source notes that state-level crimes (delitos del fuero común) such as [translation] "femicide, homicide, forced disappearance, torture, bodily harm, and theft or robbery of any form" are reportable to the FGE (CMDPDH n.d.b).
4.1 Procedure to Make Online Complaints
4.1.1 Complaints to the FGR
The FGR's website indicates that CEDAC can be contacted by email or by filling out an online form (Mexico n.d.c). The CEDAC criminal complaint form includes the following information from the complainant: name, age, phone number, email address, location, nationality, and a description of the criminal acts being reported (Mexico n.d.d).
4.2 Procedures to Make in Person Complaints
The website of Mexico City's Office of the Attorney General indicates that if an individual has been injured as a result of violence, is [translation] "at risk," or requires "immediate intervention by the authorities," they should seek help from the Public Ministry office closest to the incident (Mexico City n.d.). The website of the FGE of the State of Aguascalientes specifies that complaints must be filed in person for cases of burglary, vehicle theft, missing persons, bodily injury, sexual crimes, as well as cases where protective measures would be required (Aguascalientes n.d.).
According to CMDPDH, to file a complaint in person, an official photo ID is required (n.d.b). The website of the FGE of the State of Chihuahua similarly indicates in its instructions on filing a complaint in person that individuals must present the original and a copy of their voter ID (Chihuahua n.d.).
Sources note that authorities are obligated to receive complaints and must forward them to the appropriate department if the complaint falls outside their jurisdiction (CMDPDH n.d.b; A19 [2021], 3), and must notify the complainant of the complaint being forwarded (CMDPDH n.d.b). According to the Mexico and Central America regional office of Article 19 (A19), an international NGO promoting freedom of expression and freedom of information worldwide (A19 n.d.), the Public Ministry must [translation] "provide a copy of the record of the complaint once it has been filed" (A19 [2021], 3).
4.3 Obtaining a Copy of the Complaint
Sources indicate that the complainant has the right to obtain copies of their file at no cost (Impunidad Cero & Tojil 2019, 14; CMDPDH n.d.b) and to access their file at any time (CMDPDH n.d.b). A19 similarly states that the Public Ministry must provide a copy of the investigation file [translation] "when requested by the victim" (A19 [2021], 3). However, according to a joint publication by Impunidad Cero and Tojil [1] on Public Ministry corruption, it is a [translation] "common practice" for police or Public Ministry officials to demand payment to produce copies of the investigation file (2019, 15). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The FGR website states that CEDAC provides a file number to complainants to follow up on their requests (Mexico 2018-10-30). The website of the Aguascalientes FGE notes that after filing a complaint, the complainant will be contacted by an employee to assist with the process and will receive an email with further details (Aguascalientes n.d.). The website of the Chihuahua FGE indicates that the individual filing the complaint should review and sign the criminal complaint and then receive the [translation] "original" (Chihuahua n.d.). The Guanajuato FGE's website indicates that upon receiving a criminal complaint, authorities will provide a document with the investigation number on it and, upon request from the complainant, a copy of the complaint (Guanajuato n.d.).
4.4 Appearance and Security Features
Information on appearance and security features of criminal complaints could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
5. Temporary Closure
The National Code of Criminal Procedures states the following regarding the temporary closure of investigations:
[translation]
Article 254. Temporary closure
The Public Ministry may temporarily close early-stage investigations for which there is no background information or for which there is insufficient data or elements to establish lines of inquiry that will enable the proceedings aimed at clarifying the acts that gave rise to the investigation to be carried out. The temporary closure will remain in effect until data are obtained that allow the investigation to continue with a view to submitting the case for prosecution. (Mexico 2014)
The information in the following paragraph was taken from the Impunidad Cero and Tojil guide on Public Ministry corruption:
Criminal complaints can be temporarily closed when [translation] "there are not enough elements to establish new lines of investigation" after pursuing all "relevant and possible investigative actions." However, the possibility is left open for authorities to later obtain information that allows them to continue the investigation. Although temporarily closing a criminal complaint "should be exceptional and done in the fewest possible cases," it is a "recurring practice" that authorities use as an "arbitrary measure" to avoid conducting an investigation. When a decision is made to temporarily archive a case, the victim or complainant should be notified within 24 hours of the decision being made. However, this step is "common[ly]" omitted (Impunidad Cero & Tojil 2019, 16, 19).
5.1 Documents Attesting to Temporary Closure of a Case
Information on documentary proof of a case being temporarily closed could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
5.2 Appearance and Security Features
Information on appearance and security features of temporary closure notifications could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Note
[1] Impunidad Cero is an organization that researches and combats impunity in Mexico (Impunidad Cero n.d.). Tojil is a feminist NGO that researches and advocates for judicial reform to "[fight] corruption and impunity" in Mexico (Tojil n.d.).
References
Aguascalientes. N.d. Fiscalía General del Estado (FGE). "Formulario de pre denuncia." [Accessed 2023-08-22]
Article 19 (A19). [2021]. Oficina para México y Centroamérica. "¿Cómo interponer una denuncia ante el Ministerio Público?" [Accessed 2023-09-12]
Article 19 (A19). N.d. "About Us." [Accessed 2023-09-12]
Chihuahua. N.d. Fiscalía General del Estado (FGE). "Denuncias y/o querellas." [Accessed 2023-08-22]
Comisión Mexicana de Defensa y Promoción de los Derechos Humanos (CMDPDH). N.d.a. "Quiénes somos." [Accessed 2023-08-22]
Comisión Mexicana de Defensa y Promoción de los Derechos Humanos (CMDPDH). N.d.b. "¿Cuáles son mis derechos como víctima?" [Accessed 2023-09-12]
Guanajuato. N.d. Fiscalía General del Estado (FGE). "Recepción de denuncias y querellas." [Accessed 2023-09-12]
Impunidad Cero. N.d. "¿Quiénes somos?" [Accessed 2023-08-23]
Impunidad Cero & Tojil. 2019. Guía contra la corrupción en ministerios públicos. [Accessed 2023-08-23]
Mexico. [2023-06]. Data Mexico. "México." [Accessed 2023-08-15]
Mexico. 2020-04-20. Fiscalía General de la República (FGR). "Denuncias FGR." Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-08-14]
Mexico. 2020-01-22. Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública (SESNSP). Acuerdo por el que se emiten los lineamientos para el llenado, entrega, recepción, registro, resguardo y consulta del informe policial homologado. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-08-24]
Mexico. 2018-10-30. Fiscalía General de la República (FGR). "Centro de Denuncia y Atención Ciudadana CEDAC." [Accessed 2023-08-14]
Mexico. 2014 (amended in 2023). Código Nacional de Procedimientos Penales. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-08-24]
Mexico. N.d.a. "Denuncias FGR." [Accessed 2023-08-23]
Mexico. N.d.b. DataMéxico. "About." [Accessed 2023-08-18]
Mexico. N.d.c. Fiscalía General de la República (FGR). "CEDAC." [Accessed 2023-09-12]
Mexico. N.d.d. Fiscalía General de la República (FGR). "Formulario de denuncia." [Accessed 2023-09-12]
Mexico City. N.d. Fiscalía General de Justicia. "Denuncia digital." [Accessed 2023-08-21]
Tojil. N.d. "Home." [Accessed 2023-08-23]
United States (US). 2022-06-15. Department of State, Overseas Security Advisory Council (OSAC). Mexico Country Security Report. [Accessed 2023-08-15]
Additional Sources Consulted
Oral sources: Mexico – Centro de Denuncia y Atención Ciudadana, Consulate General in Toronto, embassy in Ottawa, Fiscalía General de la República, Prosecutor General's Office, Unidad de Transparencia.
Internet sites, including: Constitute; ConstitutionNet; HeinOnline; Plataforma Nacional de Transparencia; Puebla – Fiscalía General del Estado de Puebla.
Attachments
- Mexico. 2020-01-22. Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública (SESNSP). Blank sample of an IPH for criminal act. Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-09-11]
- Mexico. 2020-01-22. Secretariado Ejecutivo del Sistema Nacional de Seguridad Pública (SESNSP). Blank sample of an IPH for civic justice. Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 2023-09-11]