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Boletín mexicano de derecho comparado
On-line version ISSN 2448-4873Print version ISSN 0041-8633
Abstract
OVALLE FAVELA, José. The Association Order. Bol. Mex. Der. Comp. [online]. 2020, vol.53, n.157, pp.271-300. Epub Dec 13, 2021. ISSN 2448-4873. https://doi.org/10.22201/iij.24484873e.2020.157.15232.
This article analyzes the association order (auto de vinculación a proceso) that was introduced through the amendments to articles 16 and 19 of the Federal Constitution, published in the Federal Official Journal on June 18, 2008. It also refers to the applicable provisions of the National Code of Criminal Procedures of 2014. This order replaced the order of imprisonment (auto de formal prisión), that was in force in Mexico almost for a century, and the order subjecting to trial (auto de sujeción a proceso). The constitutional background of these two orders are also studied, as well as the modifications brought by the association order. Their procedural functions regarding the determination of the object of the process and its immutability are also examined. The article concludes analyzing the process to obtain an association order, in the initial hearing or in the hearing of association order or of continuation of the initial hearing, and the requirements that this order must fulfill.
Keywords : amendments to the Constitution of 2008; association order; order of imprisonment; immutability of the object of the criminal procedure initial hearing; hearing of association order.