(Apr. 23, 2013) The Institutional Revolutionary Party (PRI) presented a bill in the Mexican Congress to ensure the presumption of innocence of the members of the military forces who are judged under the Code of Military Justice.
The bill replaces the presumption of guilt with the presumption of innocence under military justice. In addition, the bill releases the defendant from the burden of proof with respect to the intent of the crime. The bill, which was referred to the Committees on Justice and Legislative Studies, establishes that the Public Prosecutor must prove the corpus delicti and the probable responsibility of the defendant.
PRI Senator Diva Gastelum explained that the proposed changes, which would amend article 102 of the Code of Military Justice, were needed to adapt the military justices system to recently approved human rights reforms. (Impulsa el PRI Reforma Militar,Reforma (Feb. 20, 2013), online subscription service; Código de Justicia Militar [Code of Military Justice],Diario Oficial, Aug. 31, 1933.)