Living Safely to Mexico

Mexico’s Legal System

Navigating the legal system in Mexico.

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There are some big differences in the legal system in Mexico, so you should know the basics.

One of the biggest things to understand about Mexican law compared to the United States is that the U.S. is based on common law and Mexico is based on Civil Law.  Civil law is based on the creation of codes (laws) by legal scholars, and judges and lawyers look to these scholars as the authority on said laws. In Mexico, only the legislature can create new laws.

Another big difference is the role of attorneys. In the U.S., attorneys for the plaintiff or defendant do the investigation, examine witnesses, and appoint experts. In Mexico, this is all done by the judge. Mexican attorneys can still counsel their clients and prepare proceedings.

Whether you are buying a home, getting married, or trying to become a permanent resident in Mexico, it’s wise to consult a Mexican attorney for advice.

Of note and consideration – when it comes to committing crimes in Mexico, the Mexico legal system is nowhere near as advanced as that of the United  States. In the U.S. almost every crime is documented on a person’s record. In Mexico, only very serious crimes (i.e. murder) are documented. Many times, someone could be arrested for breaking and entering, theft, or a number of smaller crimes and after spending a few days in jail, are released with no records filed.

 

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Looking for something different?

We’ve got a range of other insurance products to protect you and your loved ones while traveling in Mexico.

Car Insurance

Mexican auto insurance is required if you bring a vehicle into Mexico, and your policy at home is not recognized across the border.

Travel Medical Insurance

Medical coverage while traveling to cover those unexpected health needs. Policies from one day to two years.

Medical Evacuation Insurance

When the worst happens, get evacuated to your home country and hospital of your choosing.

mexico legal system

One of the biggest things to understand about Mexican law compared to the United States is that the U.S. is based on common-law and Mexico is based on Civil Law.  Civil law is based on the creation of codes (laws) by legal scholars, and judges and lawyers look to these scholars as the authority on said laws. In Mexico, only the legislature can create new laws.

 

Another big difference is the role of attorneys. In the U.S., attorneys for the plaintiff or defendant do the investigation, examine witnesses, and appoint experts. In Mexico, this is all done by the judge. Mexican attorneys can still council their clients and prepare proceedings.

 

Whether you are buying a home, getting married, or trying to become a permanent resident in Mexico, it’s wise to consult a Mexican attorney for advice.

 

Of note and consideration – when it comes to committing crimes in Mexico, their system is nowhere near as advanced as that of the United  States. In the U.S. almost every crime is documented on a person’s record. In Mexico, only very serious crimes (i.e. murder) are documented. Many times, someone could be arrested for breaking and entering, theft, or a number of smaller crimes and after spending a few days in jail, are released with no records filed.

Before you go...

Did you know our insurance partner, Baja Bound, has over 20 years of trust in the Mexican insurance industry? Get great insurance coverage in less than 5 minutes and see why they have so many happy customers.

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SmartGringo thanks you for being awesome, you are being redirected to our exceptional insurance partner, Baja Bound.  You'll be able to get your insurance online through them, and they're around in case you have any questions.   The agents there love insurance and LOVE Mexico!