Historical background
Throughout the years, the word freedom has been much discussed by everyone, from the time of the fight for the independence of Mexico, where several documents emerged from that time that gave it a notable enhancement and made a fight for those ideals. marked in each of the Mexicans who gave their lives for the freedom of all Mexico.
If we frame these documents as a list, it is essential to start with the insurgent's side the priest Miguel Hidalgo y Costilla, who after the start of the fight for the independence of new Spain, which began on September 16, 1810 with the famous and renowned “grito de dolores”, he began his advance from dolores to Celaya after taking the last city, he opens the way to fight the army that was guarding the city of Valladolid, it is in that place is, where he emits his first side the October 19, 1810, the main point was the exhortation that made all slave owners to give them their immediate freedom and if these people ignored that side, they were punished with capital punishment and / or the confiscation of property.
As a second document, it can be cited, which was prepared by José María Morelos and Pavón who gave him the reputation of the "leader of the south". This document was called "feelings of the nation" that was exposed on September 14, 1813 in Congress from Anahuac. This document was created in large part from the rejection that the caudillo had to the proposal of constitution that Ignacio López Rayón sent him along with Dr. José María Cos that they carried out in Zitácuaro and consisted of thirty-eight articles.
José María Morelos in his work stipulated twenty-three points, among the most important things, proclaimed the principle of freedom by abolishing slavery, consecrating the right to property and eradicating the practice of torture
The third document is promulgated on October 22, 1814 by the Chilpancingo congress in the city of Apatzingán, which was given the name of "the constitution of Apatzingán", the constitution had its validity for all the insurgents and for the territories they achieved conquer in the course of the struggle for national independence.
This constitution was made up of two titles and two hundred and forty-two articles, of which equality, freedom, legal security and private property stood out.
These are the documents that, from my very particular point of view, are important for the guarantee of freedom of the Mexicans, taking for me the most relevant the beginning of the fight for independence by the priest Miguel Hidalgo and omitting what happened after that step, reaching the work of José María Morelos with so-called feelings of the nation, until reaching the constitution of Apatzingán.
I take as a reference these three fundamental points in the history of the independence struggle, because it all started with the desire to abolish slavery and give a better treatment to all Mexicans with the priest Miguel Hidalgo, until arriving years later with the document he produced José María Morelos where in one of his articles he mentions social equality and proscribes non-slavery. Thus reaching the constitution of Apatzingán that although this constitution fell solely and exclusively to all the insurgents and the territories that they managed to conquer with the independence struggle. But even so, since that constitution was displaced some time later, it was a clear example that although at that time there were neither international treaties nor special laws that regulated the guarantee of freedom for Mexicans,the insurgents had something very welcome that was to completely abolish all slavery and make Mexico a free and sovereign nation of any other country.
Constitutional Article 14
The Political Constitution of the United Mexican States, which in its letter establishes us:
Article 14. No law shall be given retroactive effect to the detriment of any person.
No one may be deprived of liberty or their property, possessions or rights, except through a trial followed before the previously established courts, in which the essential formalities of the procedure are fulfilled and in accordance with the laws issued prior to the fact.
In criminal cases, it is prohibited to impose, by simple analogy, and even for a majority of reasons, any penalty that is not decreed by a law exactly applicable to the crime in question.
In civil lawsuits, the final sentence must be in accordance with the letter or the legal interpretation of the law, and in the absence of this, it will be based on the general principles of law.
This constitutional article establishes a notorious importance within our constitutional system to such a degree that through the guarantees of legal security that this article marks, people find great protection in their sphere of law, this precept clearly frames us four fundamental guarantees of all individuals that are:
- the non-retroactivity of norms (first paragraph) the hearing (second paragraph the exact application of the law in criminal matters (third paragraph) the legality in judicial, civil, commercial matters and the jurisprudential extension in the administrative, fiscal and labor matters (fourth paragraph)
Article 16 constitutional
This set of ideas have clearly and precisely established the principle of legality enshrined in article 16 of the Constitution, since this provision opens the doors for the emergence of the rule of law.
The conditions that this article imposes on the various acts of the authorities are three:
- That it is expressed in writing, that it comes from a competent authority, that the legal cause of the procedure is based on the written document in which it is expressed.
The arrest by court order
That precedes complaint or complaint.
From this point it is very important to analyze the words, since one of the meanings of the preceding word is “that goes before”.
In this way we can clearly understand that the judicial authority to order an arrest warrant must previously exist a complaint or complaint of a fact that the law considers as a crime and that deserves custodial sentence.
From the above we can find its foundation in article 16 in its third paragraph of our constitution.
That the public ministry requests it
The Public Ministry as representative of the company has the power to investigate crimes and with it the exercise of criminal action, these powers are established by our constitution in articles 16 and 21 respectively.
When the investigating Public Ministry receives a complaint or complaint, it has the necessary time to carry out its practices or investigative procedures and thereby gather all the sufficient evidence to prove whether or not there is an illegal act and the probable responsibility of the accused.
The preliminary investigation has already been prepared by the public ministry and the order is lodged with the judicial authority, and said authority, which, issued by the judge, decrees whether or not to release the arrest warrant.
That the arrest warrant issued by the judicial authority consists of a written order and after that the attached Public Ministry issues a court order, in which article 16 of the constitutional law establishes that it must come from a competent authority and that must stipulate and substantiate the reasons why the order is issued.
The exception to the guarantee of freedom: flagrancy and quasiflagrance
Any person can stop that person who is committing a crime (flagrante delicto) or immediately after he committed it (quasiflagrancia). But with the clear exactitude that in the earliest way to make it available to the closest authority and this as well as bringing it to the Public Ministry as soon as possible, this is based on article 16 in its fifth paragraph of the political constitution of the United Mexican States.
The exception of the guarantee of freedom: in case of notary urgency
We can see that in cases of notary urgency that the public prosecutor has the suspicion that the actor of the wrongful act may flee from justice and due to time or distance from the court, the Public Ministry under his responsibility and arguing and founded that motivates him to carry out said act, order the arrest of said person. All this based on article 16, sixth section of Our Magna Carta.
In the case of integration terms of the preliminary investigation
The Public Ministry stipulates two types of Prior Inquiry.
Without detainee: the Public Ministry has enough time to integrate the sufficient evidence that proves the existence of a possible illegal act and the participation of the accused.
With a detainee: the Public Ministry has a term of 48 hours from the time it is made available to the accused to record the preliminary investigation before the judge or in any case release him.
