The genetic peritial tests in the criminal process in Mexico in the framework human rights

Abstract

With the constitutional reform in Mexico, we encountering a strong controversy regarding the scope of the responsibility of the judge in the field of human rights. Has spoken of a new system of fuzzy control of constitutionality, but the Supreme Court of Justice of the nation, has not endorsed opinion, who has determined that such monitoring is in exclusive faculty. The ordinary judge it is consequently resort to measure what are their responsibilities and scope in the safeguarding of human rights, especially when we talk about genetic tests; that are already of a high degree of complexity in its offering, admission and relief of his. This paper analyzes from a theoretical perspective, the doctrinal and jurisprudential positions. In this regard, effected an extensive literature review about scholar’s opinions, hemerographic, jurisprudential and legislative underpinning the conclusions. Those conclusions allow us to determine that in Mexico, there are no parameters properly regulated for the realization of the concerned evidence under the scheme of an adequate safeguard of the accused rights and that in any case our legislation seems to prefer that the doctrine has called enemy criminal law