Ministerio Publico
—The only place in SMA to report a crime.The only place in SMA to report a crime is the office of Ministerio Publico, referred to here as MP. Although the local police (Seguridad Publica) may have responded to your initial call, they cannot legally proceed further. For guidelines to help you in case of a car accident, burglary, or mugging click here.
If the police observe a crime in progress, it is their responsibility to make an arrest. If they spot a suspect within a brief undefined period of time after a crime is reported, they can also make an arrest. Their authority to detain a suspect is limited to 36 hours. The law says they must release a person after thirty-six hours of detention. When you have reported a crime to MP and the suspect is already in jail for another crime, the MP will issue a hold order. A new set of laws will apply and the suspect is kept in custody for up to 40 days.
Directions to Ministerio Publico (PGE Building)
The office of Ministerio Publico is a a block from the Jardin in the town center on Calle San Francisco 23.
Functions of Ministerio Publico
The MP is split into a handful of functions. The two most important are Agents of Ministerio Publico and Policia Judicial.
Agents of MP (Lawyers)
Agents of MP are lawyers. They are rotated throughout the State of Guanajuato after a tour of not more than two years. The Agent’s job is to take crime reports and prepare a case file for eventual presentation to a Judge.In Guanajuato, criminal cases are closed matters not open to public inspection and participation. All testimony and evidence is presented in writing. A Judge reviews the file and makes a finding. For this reason, the files are meticulously documented. For foreigners, the amount of documentation can seem excessive. It is important to remember that an Agent of MP does not want to submit a poorly prepared case to a Judge as results can affect the protection of society and individual career advancement. Even when the MP Agent has a written confession from a suspect, the file will still be thoroughly, if not excessively, documented.
If a Judge finds the accused guilty, an order of apprehension is issued. If in custody, the now guilty party is sent to prison. There is a prison here in SMA, known by the acronym, CERESO. If the convicted party is not in custody, then an order of apprehension is sent to Policia Judicial.
Policia Judicial (Judicial Police)
Policia Judicial are the field workers of MP. They make arrests and assist with collection and preservation of evidence. They are trained and do carry arms.Multi-steps necessary to report a crime
Reporting crimes to MP is a multi-step process. At least two visits are required. During the first visit, basic information about you and the circumstances of the crime is collected. A follow-up visit typically takes place within one week. The follow-up visit is necessary so you can formally sign your criminal complaint and provide delivery of documents and information solicited during the initial meeting. As a file is built, it often can require multiple visits as additional requests for evidence are recognized. Although the office is supposed to be open 24 hours every day, staffing is limited after business hours and on weekends. Do not assume an English speaking person is available there to assist you. If needed, bring an interpreter.
Upon arrival at the building, enter from the front side by the steps. Inside the front door, to the right, is a semi-circular information counter. Most of the time, the person attending the information booth speaks some English. That person is not available to accompany you in the crime reporting process. You will be directed to an office to speak with an Agent or perhaps the secretary, who will begin to collect basic information.
The necessary documentation
Plan to bring an original copy of your passport and your Mexican visa (along with two copies of each). If you have an FM2 or FM-3, it is advisable to bring that as well. A copy of a utility bill or rental agreement may be required for address confirmation. If you are reporting a theft, you should bring purchase receipts and photos or other images of the missing item(s). If you do not have a receipt, you will be asked to return later with two witnesses who can attest to your possession of the missing item(s). These witnesses will also have to bring their identification and visa and two copies.
Should you choose to bring a translator (recommended), then the translator needs to bring personal identifying credentials and two copies of each.
The best times for routine reporting of crime are Tuesday through Friday from 11:00 A.M. to 3:00 P.M. If you have been assaulted and incapacitated, an Agent of MP will come to your hospital room or residence.
The telephone number for MP is 152-5522. Most of the time the line is busy or is not answered. You cannot report a crime by telephone. There is no consistent policy concerning phone calls to make inquiry about the status of your case.
Waiting as much as an hour to see an Agent is possible. Bring reading material. You may expect to be treated courteously and with concern. As a foreigner, you may find the judicial process far different from what you are accustomed to. If your disapproval is apparent, it is not to your advantage. MP Agents are people, too