As previously announced, last June 7, the Decree implementing the National Civil and Family Procedures Code (“CNPCF”) was published in the Official Gazette of the Federation.
Throughout its 1,191 articles distributed among 10 books, the CNPCF reduces procedural formalities and favors orality, which implies the simplification of procedures to guarantee access to justice in less time. In addition, the reality of different vulnerable groups is contemplated, guaranteeing equitable procedures with a gender perspective.
New procedures were also introduced for marriage, divorce, adoption, parental authority, custody, and alimony, as well as the possibility of filing trials online and the use of electronic signatures.
Among the innovations and progress in the administration of justice that the CNPCF includes are elements of restorative justice in family matters, which implies that the parties recognize the existence of a conflict, assume their responsibility, and participate in both the reparation of damages and the reorganization of the family dynamics, except for cases of sexual violence against children and teenagers.
To comply with this restorative justice, the parties are able to suspend the trial proceedings for up to 3 months, leaving in force the precautionary, provisional or protective measures that have already been issued in the trial, or else, without the suspension of the judicial proceeding, the parties are able to apply these restorative justice mechanisms.
It is important to mention that the CNPCF does not force the parties in family matters to go through the restorative justice procedure to have access to a family trial.
On the other hand, in accordance with the international agenda, respect for human rights is guaranteed and priority is given to the non-revictimization of women, children and teenagers in cases of violence and abuse.
The figure of the Social Representative is also added, with functions analogous to those of the Agent of the Public Prosecutor’s Office.
The books that compose the CNPCF are the following:
- FIRST BOOK: “On the System for the Delivery of Justice in Civil and Family Matters”.
- SECOND BOOK: “On Civil and Family Oral Proceedings”.
- BOOK THREE: “On Civil Justice”.
- FOURTH BOOK: “Family Justice”.
- FIFTH BOOK: “On Universal Judgments”.
- SIXTH BOOK: “Collective Actions”.
- BOOK SEVENTH: “On Appeals”.
- EIGHTH BOOK: “On Digital Justice”.
- NINTH BOOK: “On the Judgment and its Enforcement”.
- TENTH BOOK: “On International Proceedings”.
According to the Second Transitory Article, the CNPCF will enter into force gradually in accordance with the declaration that the Chambers of Deputies and Senators, as well as the Local Congresses must make, upon request of the Judicial Branch of the Federation and the Judicial Branches of the States, respectively, which must occur no later than April 1, 2027.
Roberto Alejandro Altamirano Fuentes
Marcos Fabian Castro Cano
