Direct Amparo Model 2
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ScribdTranslationsDirect Amparo Model 2
Uploaded by
ScribdTranslationsDIRECT AMPARO MODEL 2
COMPLAINANT: ________________________
DIRECT AMPARO: ________________
HONORABLE COLLEGIATE COURT OF THE FIRST
CRIMINAL COURT TRAFFIC IN TURN
PRESENT
________________________________________________, complainant for my own right, and currently
deprived of my freedom in the Preventive Prison ________________ of this city, I authorize in terms
of Article 27 of the Amparo Law a the graduates ________________________ y
________________________, who indicate their address as located at ________________________.
Before this honorable court, I appear and state:
I come to seek the protection and shelter of federal justice, against the second-instance ruling.
instance, pronounced on ________________________, act performed by the ________________________
Hall of the Superior Court of Justice of the Federal District, acting within case No.
________________, for violations of my constitutional rights in its articles 14, 16, 19, and 20.
In order to comply with the provisions of Article 166 of the Amparo Law, I declare:
I. NAME AND ADDRESS OF THE COMPLAINANT: They have been expressed here.
II. NAME AND ADDRESS OF THE INJURED THIRD PARTY: There is no injured third party.
III. RESPONSIBLE AUTHORITY: ________________________________ Room, of those that make up the
Superior Court of Justice of the Federal District, acting within case number.
________________________, as the organizing authority, judge ________________ Criminal assigned to
The detention center acts within the process number ________________ and the director of the detention center ________________.
those who are identified as executing authorities. All of these with a well-known official address in this
capital city.
IV. BASIS OF THE CLAIM: Arts. 1, 5, 27, 158, 166 and other related articles of the Amparo Law.
V. CHALLENGED SENTENCE AND VIOLATIONS OF THE PROCEDURE
a) Procedural violation consisting of the resolution dated ________________, issued in the case number.
________________, by the ________Room of the Superior Court of Justice of the Federal District, in which I
considered responsible for the commission of the crime of ________________, provided for by art. ________ of the
Criminal Code; according to the ________ Chamber.
In addition, I claim the effects and legal consequences that arise from the referenced execution.
Of the citizen judge ________________ Criminal, acting within the process number ________ and of the
director of the Reclusorio ________, both in this capital, I demand the execution that intends to be given to the sentence
pronounced by the ________________ Chamber and other legal effects and consequences that arise from the
same.
VI. DATE OF NOTIFICATION OF THE SENTENCE: On the day ___________________.
VII. VIOLATED GUARANTEES: Arts. 14, 16, 19, and 20 of our Constitution.
VIII. INACCURATELY APPLIED LAW: Art. ________ of the Penal Code.
VIII. PROTEST: Under the oath to tell the truth, I declare that the facts and abstentions that constitute
the background of the contested acts is certain.
Background
The Public Ministry accused me of the crime of ________________________ and requested the judge
________________ of the Penal Code of the Federal District that an arrest warrant would be issued against me, as
probable responsible for the crime of ________________, provided for and sanctioned in art. ________ of the Code
Penal for the Federal District.
The executing officer issued an arrest warrant, requested by the public prosecutor's office, and I was
apprehended on date________________________.
3. A formal imprisonment order was issued to me and then the case followed the corresponding procedures, the citizen judge
________________________ of the Criminal Court issued a final judgment on ________________, and I
he/she was sentenced to _________________ years in prison and to pay a fine of the amount of
Concepts of violation
First. Those responsible violate the guarantees of legality, security, and freedom to my detriment.
enshrined in Article 14 of the Federal Constitution, because they seek to deprive me of my personal liberty and of
my rights without the essential formalities of the trial that was held against me having been fulfilled
procedure.
Second. The ________________ Courtroom of the Superior Court of Justice of the Federal District violates the
individual guarantees mentioned, through the resolutions of the Second Instance Judgment, since
incorrectly assesses the procedure of the criminal trial against me, by ruling that I am criminally
responsible for the commission of the crime of ________________, for which I was accused by the public prosecution,
foreseen and sanctioned by article ________ of the Penal Code for the Federal District, since in no case
moment gives probative value to the evidence provided by my defense, within the procedural sequel, of
criminal trial against me. It also does not consider the violations of the procedure that were carried out
during the integration of the preliminary investigation, granting them full probative value.
Third. It is a formality that the elements of the body of the crime must be corroborated.
makes the application of criminal law inaccurate, violating the guarantees of security to my detriment
legality contained in Article 16 of the Federal Constitution, due to the fact that they cause me discomfort in my
person, without merging or motivating the legal cause of the procedure, since the body of the
crime.
Fourth. From all of the above, one arrives at the certainty that there are mitigating circumstances of the
which were ignored by both the lower court and the appellate court, in addition to there being circumstantial evidence
that benefit me and were not taken into account, indicating that there is insufficient evidence to
fully determine my guilt. As this high court will be able to observe from the reasoned evidence
the person in charge, only leads us to confirm the existence of the criminal type, but never my responsibility in the
commission of the crime I am accused of, which is why it is necessary to emphasize again that there was a violation of the
legal precepts that make up the Penal Code and the Code of Criminal Procedure for the Federal District and by
in accordance with articles 14 and 16 of the Constitution. To repair such violations of my individual rights, I find myself in
the imperative need to seek the shelter and protection of the justice of the Union, in order to
I ask to be absolved of the crime for which I am accused, or alternatively, I request that the proceedings be reinstated, with
Foundation in Article 160, Section VI, of the Amparo Law.
Provisional and definitive suspension
I request that a provisional suspension and, in due course, a definitive suspension of the acts be granted to me.
claimed, for the purpose of keeping things in the state they are in, until a ruling is made
the corresponding resolution in the present writ of protection.
Based on the above and also based on articles 167, 168, 169 and other related ones of the Amparo Law, to
This honorable Collegiate Tribunal of the First Circuit, I respectfully request that you serve:
First. Provide according to law.
Second. To remedy the deficiency of the concepts of violation in this demand, as well as the grievances.
formulated in terms of article 76 bis of the Amparo Law, in relation to article 107, section II, of our
Magna Carta.
RESPECTFULLY