How many witnesses can I present if I am a victim?
How many witnesses can I present if I am a victim? They are all those statements made by people who have knowledge about an event that has occurred, which is related to a crime. The parties to the criminal process, that is, both victim and offended have the right to present it.
Where do we find established how many witnesses the victim can present?
The national code of criminal procedures does not specify a number of witnesses that can be presented, however there is a specific section for this type of evidence, which is found in chapter IV, first section, from article 360 of the code. already mentioned.
Who must testify as a witness?
According to article 360 of the national code of criminal procedures, the duty to declare is of any individual who knows any relevant fact for the investigation files, as the case may be.
We present the mentioned article below.
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Article 360. Duty to testify Every person will have the obligation to attend the process when he is summoned and to declare the truth of what he knows and is asked; Likewise, he must not hide facts, circumstances or any other information that is relevant for the solution of the controversy, unless otherwise provided. The witness will not be obliged to testify about facts for which criminal responsibility may be imposed.
Is there a person who has the right to abstain
If, according to article 361 of the same code, they may abstain:
Guardian, curator, ward, spouse, concubine or common-law partner of the accused, the person who has lived permanently with the accused for at least two years prior to the fact, their relatives by consanguinity in the ascending or descending straight line until the fourth degree and in the collateral by consanguinity up to the second degree inclusive, unless they are complainants.
So how many witnesses can I present if I am a victim?
The limit of witnesses to present does not exist in a criminal process, since it is not specified in any part of the national code of criminal procedures, therefore the victim can present all those who have knowledge about the facts of the crime committed.
Example:
One night a young man was walking down a not very busy street, a person approaches him and carries out a violent robbery, however he did not notice that behind them there were some people walking, a car was passing who also noticed what happened, and two other people who were in the courtyard of his house heard what happened. In this case, all those people who realized what happened, and can testify as witnesses.
Although it is true the people who were in the backyard of their house may not see what was happening, nevertheless they heard everything, while those who were in the car did see what happened, while those who were walking behind them if they witnessed both visual and auditory.
The Mexican criminal process explained in English
