The 2016 criminal procedure reform in Mexico, which established the National Code of Criminal Procedure, eliminated the concept of 'crime scene' and redefined criminalistics as a multidisciplinary factual science that answers questions arising in the investigation of events defined as crimes by the Public Ministry or defense. However, outdated criminalistics practices continue to be taught, where experts incorrectly identify vehicles, bodies, and large objects as 'indications' (clues) rather than recognizing them as objects containing evidence. This confusion leads to evidence contamination, loss, and destruction, contributing to impunity. The expert's role is to provide scientific and technical support to the legal process, not to determine whether a crime has been committed (which is the police's responsibility) or to reconstruct events (which is a technique, not a principle).
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Criminalística obsoleta, genesis de la impunidad en MéxicoAdded:
audience. We are pleased to greet you on this Thursday at the Polytechnic educational development conference.
Today we will have a masterful conference with Maestro Gustavo Martínez Cortés, widely known to many of you from the national and international audience. He is the master, an expert criminalist, president of the Morelos Academy of Forensic Sciences, he is a great author of books and in a few days he will give a magnificent presentation of one more of his books in order to make the most of his time and take advantage of all his vast knowledge, since on many other occasions he has accompanied us in different conferences. This time we will hear the position of Professor Gustavo Martínez Cortés with the conference entitled "Obsolete Criminalistics: Genesis of Impunity in Mexico". As you know, it's a rather debatable and very interesting topic, and we'll leave you with that. Thank you.
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Good afternoon. Thank you, technician, for the honor of being here with you on this great occasion. Uh, thanks to the directors for the invitation and obviously I didn't want to miss the 90th anniversary celebration of the National Polytechnic Institute. Many congratulations to all those who have the honor of wearing the white colors of the Polytechnic Institute. I ca n't hear you, teacher.
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Yes. Okay, let's get started. Congratulations to the Polytechnic Institute on its 90th anniversary.
Thank you very much for the presentation. Uh, your servant Gustavo Martínez Cortés. Okay, let's start with what is the genesis of impunity in Mexico due to this, uh, the obsolete criminalistics that is currently taught and that, uh, should not have been taught since 2016 in our country.
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There, and we're going to start then, the presentation. Uh, we started off a bit rushed due to connection problems, but it seems we're online now. It must be said that in Mexico, starting in 2016, the criminal procedure was reformed, which led to a series of changes in the institutions of our country. We can say that criminalistics in our country changed in 2016, and currently, obsolete criminalistics practices that are no longer viable are still being repeated. [The following appears to be unrelated and possibly a separate comment: " Your presentation went off."] Can you upload it again? I do n't know what's wrong with your computer; you have to connect and upload it again.
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There was a change in our country starting on June 18, 2000, in which the criminal process in our country was modified. On October 8, 2013, a reform to modify the Political Constitution of the United Mexican States was published in the Official Gazette of the Federation. which empowered Congress to nullify state criminal procedure codes and federal criminal procedure codes. And this change led to the birth of what is the National Code of Criminal Procedure in March 2014.
Today, that way of speaking regarding the crime scene is still used, a way of speaking that is no longer appropriate in the National Code of Criminal Procedure. There are many people who talk about the crime scene, but the crime scene does not exist in the National Code of Criminal Procedure. It does not exist in the National Code of Criminal Procedure. If you look at article 2 of the National Code of Criminal Procedure, it talks about the rules that must be observed in the preservation, processing, investigation and punishment of crimes in our country, sorry, in our country there is no crime scene. There is not a single place where the crime scene is discussed, and that way of talking about the crime scene continues to be repeated. Thus, this reform was not carried out, it was not applied to the regulatory framework.
No changes were made to the organization and operation of institutions related to the administration and prosecution of justice, but not to those in charge of forensic investigations, the famous expert services.
You will see today that people are still talking about what is, in criminal investigation, the famous crime scene. It is said that evidence and material elements of proof are found at the crime scene.
The material evidence does not exist. It does not exist for the experts. We, the experts, are not the ones who should know what constitutes material evidence in criminal investigations.
But to get to the point, what is criminal investigation?
Criminal investigation consists of legal and police techniques applied by the authorities to investigate an act that the law defines as a crime.
In Mexico, those who investigate crimes are, sorry, the crimes are those listed in Article 21 of the Constitution, that is, the Public Prosecutor's Office.
They, and especially the police, must apply techniques that must be effective, precise, and, it is very important to say, in accordance with the law.
respecting human rights and the guidelines of the National Code of Criminal Procedure.
This is a definition of your server in this situation. Today, those who investigate acts that the law defines as offenses, not crimes, because if you investigate or if you look at a penal code in our country, it says that the commission of offenses, not crimes, is punished.
If you look at the penal codes, it refers to the one who commits the crime of kidnapping, robbery, or homicide; it doesn't say the one who commits the crime, it says the one who commits the offense.
So, we can see here in the next slide what the scientific and technical specialties of criminalistics are.
Today you can see here on this slide scientific and technical specialties, voice analysis, forensic anthropology, audio and video, ballistics, forensic accounting, that is, we have what are scientific and technical specialties and we also have forensic trades.
It is sad to see that only professional forensic specialties are discussed, and there are not only these, there are technical specialties, scientific specialties and forensic trades. Obviously, the fact that one does not have a degree in forensic ballistics does not mean that forensic ballistics is not based on and supported by science and technique. On the contrary, ballistics is supported by chemistry, mathematics, physics, and a series of sciences that underpin that scientific specialty. For a long time, there was talk of branches of criminalistics. Today, it is no longer viable to speak of branches of criminalistics.
It is necessary to tell them that CP includes the concept of specialty within its definitions.
The specialist, the specialist is the one who practices a science and is an expert in the science and is a specialist, is an expert in a division, in a specialty of that science. Therefore, each expert is a criminalistics expert and masters a scientific specialty, a technical specialty, which is necessary for the Public Ministry to carry out the investigations that correspond to it according to its constitutional mandate.
Sadly, it must be said that definitions like Montiel Sosa's and Moreno González's continue to be used, even though these definitions are no longer viable, no longer optimal for the legal life we have in our country. For example, my dear doctor, may he rest in peace, Moreno González, who was my teacher at Incipe, he spoke of criminalistics as both a discipline and not a discipline.
Criminalistics is a science that effectively applies principles, knowledge, and methods and techniques of investigation from the natural sciences.
And here we don't just use natural sciences in criminalistics; in fact, criminalistics uses all the sciences, techniques, and human knowledge available today to answer the investigation of an event that the law defines as a crime. There's no discipline, okay? And we don't just use the natural sciences.
It refers to significant sensitive material. Yes, significant. Sensitive, significant, or not. Because you can't just see, hear, touch, uh, feel, hear, taste, right? For a long time, taste tests and trials were conducted. Many died from poisoning.
Today we not only have significant sensitive material, that is, significant sensitive material or not.
For example, a person who made a transfer, who stole 90 million pesos with a transfer, well, he didn't take 90 million physically and transferred it to Pedro, a friend. He didn't receive the 90 million either. In cash, you follow a series of commands and transfers in a digital world that ultimately turned out to be a crime.
And it is significant sensitive material, yes, but it is not touchable, it is not palpable, it is not olfactory, it is not audible, it is not olfactory.
Therefore, it is not only significant sensitive material, it can be significant sensitive material or not related to the alleged criminal act.
Here, for example, in the alleged 8 deltuoso, we, according to the definition of Montiel Sosa and Moreno González, refer to the experts saying whether it was a crime or not.
And that's false.
Okay. We don't do that.
He also said that in aid of the organs of administering justice, the expert in criminal law is no longer an assistant to the judge since 2016. This was when he was a third expert in disagreement and in consideration of that, the expert sent the official letter to the judge to be able to be a third expert in disagreement. We don't do that anymore. It also says that the expert reconstructed the event.
For me, Gustavo Martínez, reconstruction is a technique, not a principle, because a principle says that it must always be fulfilled and we don't always have the vehicle that ran him over, we don't always have the vehicle that knocked down the pole, we don't always have the firearm with which they shot and took his life. We don't always have the knife or sharp weapon to be able to reconstruct.
Reconstruction should only happen when all the necessary elements are available, and often that is not the case. Therefore, it is not a principle, it should be a technique specific to criminalistics.
There is something very important here too.
He says that the experts should specify the intervention of one or more subjects, and that is not true.
For example, the expert in the field, for example, the one who says whether a crime has been committed, currently it is the responsibility of the police.
Article 132 of the National Code of Criminal Procedure, obligations of the police officer, section one, states that the police officer must receive complaints about facts that may constitute a crime and inform the Public Prosecutor's Office. It is not the expert's job to say whether it is a crime or not. And sadly there are many experts out there who play at being police officers and many instructors who confuse criminology with criminalistics, criminalistics with police science, which is totally different. For example, Juventino Montiel Sosa states that criminalistics is an auxiliary penal science.
Let me tell you, I have a law degree, a specialization in criminal law, a specialization in oral trials, and I don't know or was never taught an auxiliary criminal science.
I've heard about this auxiliary criminal science thing in Central America, Peruvian law, I've heard about it in Mexico, no.
Juventino says that through the application of his knowledge, methodology and technique, in the study of material evidence, today we have material and non- material evidence.
I was referring to that a while ago, that, for example, the person who transferred 90 million pesos from one account to another, through the work of the forensic computer experts, will find evidence of the execution of the commands, that the account was accessed, and that the commands to transfer that money were entered. That's clear, material evidence, isn't it? Because it lives in a digital world, it lives in cyberspace, but it exists and that's why we have experts. Once again, Juventudino says that criminalistics discovers the allegedly criminal act and, furthermore, criminalistics discovers the responsible party or parties by providing evidence.
Here, for example, those who say if it is an allegedly criminal act are the police and those who provide evidence in the National Code of Criminal Procedure.
Article 130 of the National Code of Criminal Procedure states that the burden of proof rests with the accusing party, that is, the Public Prosecutor's Office. We see here that criminalistics is being disseminated that is no longer viable, criminalistics that is already obsolete and that sadly many students are influenced by teachers who do not know how to express and make students analyze and reason what they are reading and what they are going to do. Because for a long time it was thought that the expert was only there to go and collect evidence and that's it. Today that's false. Today the role of the expert goes beyond that. The expert's role must and should conclude by attending an oral trial.
And they don't know how sad it is that as a technical consultant you ask the experts what evidence he provided.
Because he says in his definition of criminalistics that he, as an expert, provides evidence and that he says that as an expert he says what is a crime and what is not.
That's sad. Today, if you will allow me, I, Gustavo Martínez Cortés, with 21 years of service as an expert in criminalistics at the Attorney General's Office, retired in 2022. I humbly have to tell you that I have my own definition of criminalistics.
Criminalistics is a multidisciplinary factual science that answers the questions that arise in the investigation of an event that the law designates as a crime by the Public Ministry or by the defense.
Today's definition of criminalistics entrenches criminalistics within the law. A definition of criminalistics that says it collects and processes evidence is bad. It has no reason to exist. That criminalistics is obsolete and passed away in 2016. And I say this with all due respect; I would never disrespect Montiel Sosa and Moreno González. They are foundations and must be taken into consideration as those who took and founded criminalistics, good or bad, but they were the ones who laid the foundations.
Just as my definition is, there is the definition of the master Joer Ponce Mendoza, an excellent expert. The definition of the master Francisco Javier García Caballero, another excellent expert. And the definition of teacher Guadalupe Vega, expert from the state of Guerrero.
Experts who have 30 or 25 years of experience as field experts, not desk experts, because sadly today desk experts are taught pink criminalistics and that is not the purpose of our way of being as experts.
The pseudo-trainers are neo-Luddite pseudo-trainers.
who are speakers and replicators of a criminalistics that no longer exists, that has no reason to be, and that this criminalistics only serves to expose the experts in an oral trial.
Sadly, in our country, those who go to oral trials are the experts who have not been properly trained, and the training they received was from experts who were never experts and who were never in an oral trial. Today, criminalistics should be taken into consideration in the following way.
Criminalistics, criminalistics as a science and its definition, a criminalistics that has scientific specialties, techniques and forensic trades.
We must also take into consideration field criminalistics, which is the place where evidence of objects related to the commission of an act that the law designates as a crime is processed, the place of investigation.
From here we also have laboratory criminalistics, where awareness, technique, logic and the maxims of experience are used to obtain evidence.
Teachers, please explain this clearly to your students. The evidence is not at the investigation site. The crime scene does not exist and we found no evidence at the investigation site.
Evidence is created in the laboratory when science, technique, logic, and the maxims of experience are used.
That's where the evidence is obtained, which is recorded in a report, and this report will be offered by the public prosecutors as a means of proof. We also have what is documentary criminalistics.
What is documentary criminalistics? These are the official requests, appointment or summons forms, investigation file, name of the authority requesting the expert's intervention, and which will be cited by the expert in an oral trial.
All this wealth of knowledge must be poured into each of the experts who today boast of being so. One, two, experts who have gone to oral trial.
I really, let me tell you, it's sad to know that there are people who bring in expert witnesses for oral trials when it was never an oral trial.
It's like if I give driving lessons, I don't drive a truck, and I just give them the manual, tell them to read it and that makes them experts, and it's not like that.
The expert who comes from the battle is the expert who must train the new experts. These definitions are necessary. Because?
Because the report is a scientific-technical opinion issued in writing by an expert in any science, art, technique or trade as a result of examining people, facts, objects or circumstances submitted for their consideration. And this definition of opinion, the definition that I just read to you is in the protocol of the first speaker, goes hand in hand with something very important.
Article 368 of the National Code of Criminal Procedure refers to expert evidence. Article 368 refers to expert evidence and states that expert evidence may be offered for the examination of persons.
facts, objects or circumstances relevant to the process made it necessary and convenient to possess special knowledge, to have a science, in an art, a technique or trade. The Supreme Court of Justice of the Nation refers to the expert as the expert, as the one who has a superior knowledge to the majority of the population. It is necessary to say that the expert is the expert and many times we find pseudo-experts who have never been in the field, who have never done expert reports and are giving classes and imagining and replicating, they end up being forensic parrots who teach others to replicate and when they go to an oral trial they do not have the ability to reason and explain.
I, for example, will tell you with all due respect that I have met doctors in criminalistics who, when you ask them about colors, answer with numbers.
Because? Because they were taught to replicate by their forensic orator teachers.
It's the same thing as evidence. No, an indication is not the same as evidence. And conversely, many people think, and have been taught, that it is the same thing because they say they will find evidence at the crime scene.
That's false.
What is an indication? According to the National Chain of Custody Guide, an indication is a trace, a vestige, or a sign.
There it is. It does n't say that a car is evidence, uh, it doesn't say that a firearm is evidence.
It says that an indication is a trace, a vestige, or a sign.
located, discoveries provided that could, mind you, that could be related to a probably criminal act, it does not say with a crime and in that case constitute a material element of proof. An indication is a trace, a vestige, and a sign. Spot.
So, what is evidence?
Evidence is the matter or information that is the subject of indubitable study, that is, there is no doubt about the indication. There is doubt, but no evidence. with respect to their insistence collected on account of the commission of a probably criminal act.
This is a definition that comes in the evidence storage manual of the Attorney General's Office.
I also met a doctor in criminalistics who told me that he collected material evidence.
And I told him, "Doctor, with all due respect, I'm just a simple, humble expert from a ranch called Morelos, you know? Twenty-one years of experience. I know the country from coast to coast and border to border. I've worked on all federal crimes, and I don't know of a single piece of material evidence. I said to him, "Please enlighten me, dear doctor, what is a piece of material evidence?"
How tall are you? How much does it weigh? What does it smell like?
"What color is it?"
And guess what? He couldn't tell me, but he said he was collecting physical evidence. The thing is, physical evidence, my friends, doesn't really exist.
Physical evidence is the conviction that forms in the mind of the lawyer, the public prosecutor, or the defense attorney when they read the expert's conclusion.
In other words, if the defense attorney reads the ballistics report and the report says, "It's not a firearm because it doesn't fire, it doesn't detonate, and it doesn't project, it 's not a firearm."
At that moment, material evidence is generated to exhibit that opinion as a means of proof and the expert as an organ of proof.
On the contrary, if the lawyer for the Public Prosecutor reads in the expert's report, in the ballistics report, it is a firearm, caliber 9 mm, uh 9x19, it is a semi-automatic Glock pistol and because of the caliber it is in the Federal Law of Firearms, in article 11.
When the Public Prosecutor reads this, he becomes convinced to offer that report as a means of proof to support the crime of carrying a firearm. In other words, friends, we experts don't see the material evidence. The material element of proof is the reading that the lawyers do to see if that opinion is useful to them or not in their theory of the case. Do you see how they're following us? We are taught outdated criminalistics because we don't reason.
Here we have, my dear friends, another definition of an indication, for example, for the first responder protocol, and I find this definition much better. clearer.
It says that an indication is a sign, a signal, a piece of data, a mark, a trace or a vestige. The National Chain of Custody Guide consists of three parts. For the first responder protocol, there are six of any type, recognized through the senses.
Look, where do we find clues?
In places we find clues in objects and people, possibly related to the probable criminal act, which can constitute evidence.
So, what is evidence?
Evidence is any object or indication located, discovered or provided after the commission of a likely criminal act. Note that, after analysis or expert assessment, it is determined that it is related to the crime being investigated.
So, my dear friends, let me tell you that about 15 days ago I uploaded a post to my Facebook where I made a critique regarding a publication from INACPE and UNAM, from the National School of Forensic Sciences, where they point to the vehicle as evidence.
The vehicle is not an indication. The vehicle is a large object in which evidence is found.
How sad, truly, how sad that the highest academic institution that has those wise forensic experts, those people in suits, right?, do not know and have not read the National Code of Criminal Procedure.
Similarly, it is a place of intervention or crime scene.
Article 227 of the National Code of Criminal Procedure refers to the place of the events or the place of the discovery. 251 of the National Code in the first section, place of the events or place of the discovery. Section two of the National Code of Criminal Procedure 251, place other than the place of the events or place of the discovery. Note, the federal penal code in article 225, disturbing the scene of the crime, the place of the discovery.
My dear friends, nowhere in the National Code of Criminal Procedure does it mention the crime scene. That is the love affair that those who sold and prostituted criminalistics have in order to sell it and worship and teach obsolete criminalistics.
intervention site. The only place where the place of intervention is mentioned is in the formats of the National Chain of Custody Guide. One can say intervention site and research site. Yes, Carmen Vázquez already said so in her books on expert evidence. It can be called a research site or an intervention site.
We must leave the intervention site behind because it is a remnant of the previous system.
So, if you happen to encounter someone obsessed with outdated criminalistics who talks about crime for a dozen reasons, well, look at three or two articles from the National Code of Criminal Procedure, one article from the Federal Penal Code, and the chain of custody forms, so you can educate them, okay? Why a research location?
Everyone can call it a crime scene because they are not forensic scientists, they are the common folk, the masses, the popul crime scene.
But those of us immersed in forensic investigation must understand that Article 211 of the National Code of Criminal Procedure speaks of the stages of the Mexican criminal procedure.
In the first one, the research stage is divided into two. the initial stage and the complementary stage.
In the initial stage, the place of processing, the place of processing is when the experts go to the place of investigation in the initial stage and then comes the investigation stage, in the complementary stage, when the Public Ministry and the defense lawyers provide means of proof and other expert opinions are requested, they have up to 6 months.
in order to do it. It's sad that the Public Prosecutor's Office of the Common and Federal Jurisdiction demands reports in one hour, and even worse that the heads of expert services continue to be afraid of the Public Prosecutor's Office with that absurd idea that the expert is an assistant to the Public Prosecutor's Office.
The Public Prosecutor's Office has up to 6 months to incorporate evidence, and there they have the expert at 3 in the morning preparing an urgent report with a deadline of no more than 2 hours, from 2017, from 2018.
When will we experts get back into action? Well, in the oral trial stage, because the intermediate stage is for refining evidence. Look, it's here in the intermediate stage where we see poorly done expert reports, where the chain of custody wasn't maintained, where the IPH (Preliminary Investigation Report) wasn't done, where the expert didn't process the evidence properly, okay? This is where outdated criminalistics are excluded. And if not, then we'll go all the way to the oral trial. In the oral trial, the expert must demonstrate all his scientific and technical capacity when explaining his opinion before three judges, before the Public Ministry, which requested it, and, even better, before the defense attorney, who will cross-examine him and refute him. That's an expert witness, the one who goes to the investigation site and ends up attending an oral trial.
Currently, those who teach outdated criminalistics do so because they have never been to an oral trial and because they have never intervened as private experts or as official experts.
Your servant, I was an official expert for 21 years and I went to oral trials for 21 years and from 2016 onwards we went to oral trials in what are uh uh federal courts. Today, as a private expert, since 2023 I have about 10-12 private reports, right? Therefore, it must be taken into account that the expert has contact with the evidence in three different places.
At the investigation site where the processing takes place, the securing location, which is different from the investigation processing site, and in the laboratory where an analysis is done at the investigation site, it should be called the forensic investigation site because it is called a processing site, because a police investigation is also carried out in accordance with Article 251 of the National Code of Criminal Procedure, investigative actions that do not require authorization from the judge, and Article 252, investigative actions that require authorization from the judge, exhumation of bodies, searches, first and second of Article 252.
Today, an expert who does not have legal knowledge of where he is going to end up producing his opinion is lost. An expert who doesn't get trained is lost because the heads of forensic services usually, usually don't train their staff. I want to believe that things have changed. I know the coordinator of forensic services in Morelos.
Well, I want to believe and I think that's because that's what he does best for his colleagues, but there are heads of forensic services who have become like local bosses, right? In other words, instead of sharing and helping his fellow forensic scientists, he just nags them, which is very sad.
Look what outdated criminalistics does, right? Look at what outdated criminalistics does.
I ask you, the criminal, I ask you, is the vehicle an indication?
The vehicle is a clue.
So why are they summoning him if it's not an indication?
Look, sadly, heads of forensic services, heads of prosecutors, heads of experts, accept this stupidity that you are seeing.
And it's a joke, right? Because the vehicle is wrapped in plastic like a papaya.
It's a joke.
But imagine the story I'm going to tell you. They got into this vehicle and kidnapped a young woman.
The girl, in a survival instinct, struggled and forced herself to avoid getting into the vehicle, leaving her footprints on the roof. She left her fingerprints, and one of the beasts that forced her into the vehicle grabbed the door and left its fingerprints.
There we have indications.
And then some police officers trained in outdated criminalistics arrive, some experts trained in outdated criminalistics, and they swab the entire vehicle.
What will happen to those footprints?
What will happen to those footprints?
They're going to be erased, they're going to be ruined.
Because this vehicle, as you can see, is in the yards of the Attorney General's Office of Mexico City. And there isn't just one, there are like 70 or 80 vehicles on Jardín Avenue.
Imagine.
And it's hilarious, isn't it? It's laughable, but what if it were your niece, if it were your daughter, and in an interrogation I asked the expert, "Expert, did you use this?"
Yes, expert, there is a high probability that the evidence has been lost. Or could this lead to the loss of evidence? Expert yes.
And behind them are the victim's family members.
Today, an expert who uses outdated criminalistics is guilty of revictimization and impunity in our country. It's that simple and straightforward, right? Because in an interrogation they won't be able to tolerate this way of packing it, because the vehicle isn't packed, the vehicle is secured.
Look, this is how classes are taught at UNAMP and at the... what's it called?
At the National Institute of Criminal Sciences, at INACIPE. And it makes me sad because I am a graduate of INCIPE, but in a vehicle it is not an indication.
Excuse me for saying this, it's not a clue. And those schools that teach this are deceiving their students, who are excited to perform an activity that a pseudo-instructor or pseudo-trainer taught them. It 's not a vehicle, it's not a clue, it's a large object.
What does the large object say?
Large objects such as ships, aircraft, vehicles, automobiles, machinery, cranes, and others like them, after being examined by experts, be careful to collect any evidence found on them, they may be fully videotaped or photographed and the sites where footprints, traces, narcotics, weapons, explosives, or similar items that may be the product of the crime are found will be recorded in the same way.
How sad, how sad that the Attorney General's Office of Mexico City, how sad that INCIPe, how sad that the National School of Forensic Sciences does not train its teachers.
To those fashionable teachers who teach criminology, pink behind a desk.
Okay. And if they are not placed under chain of custody because they are not considered evidence, what is done to the vehicles?
So here's an inventory report, okay? Inventory record of seizure, because the vehicles are not evidence, the vehicles are secured.
Okay, that's the reality we have in our country today.
This inventory report tells us that the police should do the inventory. It is based on article 132 of the National Code of Criminal Procedure.
This, as you can see above, tells you which items are insured.
Large objects, flora and fauna, archaeological works of art, intellectual property objects, narcotics, perishables, explosives, cash, timber and non- timber resources, precious metals, firearms, cartridges, all of that goes within a record, an inventory of security.
Here is its traceability, its description, the people who intervened in the securing and its traceability as if it was as the chain of custody has it.
And guess what?
Nobody gets it.
Nobody has it. They're trying to force the experts to take away two lions and three boas because they're evidence. No, they are not indications.
Excuse me, they haven't been trained and they haven't been here at Fomento Educativo Politécnico taking a course.
Look at the outdated criminalistics that is being taught.
Chain of custody courses with blood bags inside, bad. There were two experts, experts with their respective biosafety suits, very well equipped. They are collecting evidence with metal tweezers, altering the evidence.
Look, this phone has been touched by a person who isn't wearing gloves; the glove isn't protecting the phone.
And these chain of custody courses as a whole should be called "earn yourself 4 to 10 years in prison," because that is what the Federal Code of Criminal Procedure punishes in its articles 225 section 3 for anyone who alters, loses, or destroys evidence. It's sad, it's sad to know that today on the internet you can find courses with very little science and very little technique, but with a lot of morbidity and blood. Look, look at courses where they teach you how to alter the evidence.
Look for courses where they teach you how to alter the evidence. And who are the first ones who should be trained, my dear friends? The police.
Look to the right, 1 2 3 4 5 6 and seven police officers inside the cordoned-off area.
Whoever taught these police officers how to process this, because he was never an expert and never told them that once the place was cordoned off, they would have to be outside. They cordoned themselves off.
Look. The middle image, look at the middle image. Two experts and the one in front of him must be the secretary or a very close friend of the head of forensic services, an ignorant person who doesn't respect forensic work, and two police officers who are chatting, flirting, wondering what happened in this Korean series, right? That's what's taught in criminalistics today.
That's outdated criminalistics, and it's still being taught and will continue to be taught forever and ever because nobody tells them it's wrong.
And here in these two images, the ones who are compromised are the forensic experts who are the ones who go to the oral trial because the defense lawyer already has these images.
Look at the police. This is a first responder certification course, and the police officer doesn't have one hand uncovered while with the other hand he 's touching a bottle, contaminating it, erasing traces.
A watch worth 25,000 pesos, some Swarovski nails, no, another 10,000 pesos, but the officer doesn't have enough for gloves.
See more mistakes.
The police officer who should be inside the investigation site. The expert should not give information about what is happening inside. It's a crime.
And where do the mistakes come from, my dear friends? Where do the errors come from? Well, from training sessions like that of my dear instructor Juventino Montiel Sosa, who says that instead of him processing the crime scene, there is no crime scene and says that he labels evidence. Excuse me, Captain, with all due respect, if anyone knows you, evidence is not labeled, packaging is labeled, because there are packages and there are wrappings, which are different things. Look at the middle image.
Look at the middle image. They are trained in fingerprinting and are taught how to reveal fingerprints using paintbrushes.
See what will happen with that footprint. Well, they're going to erase it because that brush isn't the right one, it's not the one needed to do that. However, the point is to sell criminalistics and teach them to make blunders so that when they have to work in real life, they'll be asked, like I do, to open an investigation against them for losing, altering, or destroying evidence.
Similarly, this way of thinking and working has led me to write a book, called Evolutio Periti, from auxiliary criminalistics to criminalistics as a scientific and technical support of law.
By the way, for those of you in Mexico City, you are cordially invited to the book presentation on June 4, 2026 at the Chamber of Deputies in Mexico City.
You are cordially invited, okay? There will be people there, my dear friends from Fomento Educativo Politécnico, I'll see you there. Thank you very much and please excuse the commercial break. We continue.
Article 21 of the Political Constitution of the United Mexican States states that the police and the Public Prosecutor are responsible for investigating the crime. Note, there is no investigation trilogy.
The police investigate, and the Public Prosecutor's Office investigates. Note, the Mexican State betrayed the experts because we are not included in Article 105 of the National Code as subjects of criminal procedure, nor are we a party to the proceedings.
And you're going to tell me, well, Expert, the thing is, experts have never been in the National Code. Of course we were there.
The Federal Code of Criminal Procedure from 220 to 239 had 19 articles.
In 236, there was talk about what the expert in the field of eh is or what the activity of the board of experts was. And right there in the meeting of experts, when a unification of criteria could not be reached among the dissenting experts, it was necessary to call a third expert to resolve the disagreement. This third expert in the dispute, he was, we were assistants to the jurisdictional body, we were assistants to the prosecutors of justice, to the judges, but from June 18, 2016 onwards, no longer. That's why I tell you that criminalistics changed in 2016, and yet obsolete criminalistics continues to be taught in a sad, cruel, and miserable way by those who dedicate themselves to selling and prostituting it. And here you will hear something that is being discussed about meta-expertise.
There is meta-expertise.
There is meta-expertise.
Because meta-expertise, if you go to article 272 of the National Code of Criminal Procedure, it talks about what expert opinion is, it does not talk about meta-expertise.
So, uh, what's going on there?
Well, meta-expertise doesn't exist, does it? Article 272 discusses what expert testimony is.
If you want to be conclusive in your forensic work, then you must talk about what the expert opinion for the rebuttal test is. And the rebuttal evidence is there. The proof of refutation is found in the National Code of Criminal Procedure. The proof of refutation is in article 390 of the National Code.
It is in the Federal Code of the National Code of Criminal Procedure.
Because?
Because the meta-expertise report was brought to us from Chile, right? The meta-expertise.
The meta-expertise was brought from an entity that we cannot substantiate. And the difference between criminalistics and current criminalistics is that the current one must be supported by what is the action in the National Code of Criminal Procedures and not say things that do not exist in the forensic and legal reality in our country.
Similarly, Article 212 of the National Code of Criminal Procedure states that the Public Prosecutor's Office has the obligation to be aware of an act that the law designates as a crime, not a crime. They don't tell the Public Prosecutor's Office, " Public Prosecutor's Office, they committed a crime." Let's go to the crime scene. There is no crime scene and the crime is not what the Public Prosecutor's Office is looking for. He is notified that an act has been committed that the law defines as a crime, and he must direct the criminal investigation without being able to suspend, interrupt, or stop its course.
Okay, that same one, article 212 says that the Public Ministry must continue to explore all possible lines of investigation that allow it to gather data for the clarification of the fact that the law defines as a crime. Note: " Outdated criminalistics" means saying that criminalistics tells you who committed the crime. That's outdated criminalistics.
Real criminalistics means giving the burden to the Public Ministry that corresponds to it. Who decides who participated in the act that the law defines as a crime? The Public Prosecutor's Office.
That is the difference between outdated criminalistics and current criminalistics. What do we want to teach?
We are few, we are few, but we are crazy, those of us who want to change this obsolete criminalistics. It's difficult. Clear. Well, I was talking to Professor Joeder Ponce once, and he told me, "Look, brother, the kids aren't a problem. We can educate them, instill in them, and teach them to reason. The real problem is with the outdated experts, used to being in their comfort zone, who don't like to investigate, don't like to reason, and have never been to an oral trial. That's the big problem. Article 213 of the National Code addresses the object of investigation, that the Public Prosecutor gathers evidence and collects proof to support the criminal action.
And look here at what the drafters of the National Code left us with: Article 260, background of the investigation, the expert's work, which is 24 hours a day, with my fellow federal experts who used to do assignments of 5 days, 2 months. Look at what the drafters left us with. Just one line.
Forensic work in the National Code of Criminal Procedure is reduced."
On line 260, and nobody has complained, because all those so-called instructors and trainers, well, they never read it.
And this problem isn't new.
We pointed this out in 2014 when the National Code of Criminal Procedure was created.
Article 261 talks about evidence, means of proof, and proof.
Evidence is the indication.
Means of proof are the evidence, and proof is when the expert witness goes to the oral trial and is subjected to questioning and withstands cross-examination by the lawyer who didn't offer their services.
How sad it is to see that experts aren't trained in public speaking, reasoning, and how to withstand cross-examination. I myself have been questioned by the defense attorney, the legal advisor, and two public prosecutors, and I have to answer all three of them.
Obviously, it's important to note that the lawyer who offered my services always helped me to be able to answer what... They were asking me.
In criminalistics, it's a clue, evidence, and proof.
In law, it's a piece of evidence, a means of proof, and proof.
Article 368 addresses expert testimony.
Look how important expert testimony is in the National Code of Criminal Procedure, but we experts aren't included.
Those who drafted the National Code of Criminal Procedure erased the experts, and at least in Criminal Law, 90% of the evidence is expert testimony.
Many defense attorneys don't know how to cross-examine, and they think that yelling at you is cross-examination. These are the prosecution's experts. If the defense attorney yells at you, yell back, raise your voice.
Why? Because they're not going to reprimand you; they're going to reprimand the Public Prosecutor who's chatting away, because in reality, nowadays, the Public Prosecutor brings the expert to the oral trial to sacrifice them. And if the case falls apart, well, it's the expert's fault.
And the head of experts, as he is Ignorant, because he's afraid of the Public Prosecutor's Office, well, it's going to happen that the expert will go to the Trust Control Center and lose his job.
Don't let them get away with it, my experts, shout at them, raise your voices too.
Article 272 of the National Code is the article of the National Code that buries the experts.
Why? Because it says, "During the investigation, the Public Prosecutor's Office of the Police, with the knowledge of this eye, see this verb, may order the practice of expert analyses that are necessary." It does n't say it's mandatory, it says it may be, okay? This article is what kills the experts, and many pseudo-instructors who teach obsolete criminalistics have never said so. Because? Because many of them are waiting to be given a bone in the prosecutor's office. Many of them are waiting for a pat on the back, a little something to throw them, so they can get a program or training. Honestly, since I was a federal expert for 21 years, I don't need those people.
The written report does not exempt the expert witness from the duty to reconstruct or testify at the hearing. We experts should always go. And here, for example, is article 383.
This is where the material evidence is incorporated after the examination and cross-examination of our expert.
In other words, the expert is involved in the entire criminal process from the moment he arrives at his office. From the moment he receives the official notification until he goes to an oral trial.
The expert witness is indispensable in the Mexican criminal process.
And look, they don't take us into account, okay? My dear friends, learning outdated criminalistics will cause you to spoil, alter, or destroy evidence. And Article 225 of the Federal Penal Code in Mexico, in section 3, says that altering, modifying, hiding, destroying, losing or disturbing the place of the events or of the discovery, does not say crime scene, clues, evidence, objects, instruments or products related to the act of the manager or with the chain of custody procedure.
He says he will be sentenced to 4 to 10 years in prison.
Give it your all, eh, give it your all, because one of those times they're asking that the expert who altered a piece of evidence be charged with an investigation for teaching and disseminating outdated criminalistics and for not asking, not questioning his teacher.
The fact that he, the teacher, dedicates himself to talking about his escapades and adventures as an expert 30 years ago doesn't make him an expert, eh?
And look, here's what I'm telling you, look how ignorance reproduces itself.
The shovel is wrapped in plastic here. This is not an indication. This is a shovel. This is not an indication. It's an axe. This is not a clue, it's a tale. Those are not clues. These are objects that are related to the possible commission of a crime.
Look, this one here isn't an indication, it's a motorcycle and they labeled it, they marked it as an indication. Look, look at the courses where outdated criminalistics is taught, and see how it affects the work. And here, for example, those who are involved are the experts when they go to an oral trial.
The vehicle is not an indication.
Excuse me, friends from UNAM.
Excuse me, friends of INACIPe, I know you paid 200,000 pesos for your diploma. Those who are there were my colleagues and they were never experts, they were administrative staff.
Here you see on the right my colleague, the best fingerprint expert in Mexico. This is a trailer, sorry, it's a semi-truck.
In the tractor-trailer, he went to do a fingerprint scan and on the door he found a fingerprint, that is, the large object, the tractor-trailer carries what is an indication. Here he is measuring it, he is marking it to establish a chain of custody.
Those are fighting dogs, and those are dogs that know what they're doing. Look at how much ignorance there is.
See this ballistics report, this ballistics course on the right.
Look at that report on the right, the ballistics diploma, and it says that when the entire cartridge moves through the air.
22865 likes. Yeah, yeah, yeah, what's his/her name?
shared 151 times.
Such is ignorance.
Look here in the middle we are seeing that you experts tell me, what evidence are we going to find in a cartridge that has not been fired? We're not going to find any ballistic evidence.
For God's sake, why are they watching him with a magnifying glass? That cartridge will say 9mm for Velum, nothing more.
And if you take that cartridge to the factory, they're going to tell you, "Yes, we made 5 million of them."
Look, that's outdated criminalistics.
Look at this image on the right, Dr. Diana Cristal González Obregón, who created the National Code of Criminal Procedure, giving a diploma course on the incorporation of evidence in oral trials. These packages are poorly made. They do not comply with the National Chain of Custody Guide and they are the ones who made the National Code. Well, it's that simple and straightforward.
See what will happen to this middle footprint here in this image. They're going to delete it. Look at this bushing with these pressure forceps that are made for a dissection. What are they leaving behind? They are leaving a mark through pressure. They are altering Article 225 of the Federal Penal Code. If you ask the expert during the interrogation, " Expert, with that way of pressing the casing, is there an alteration?"
Yes, but it's minimal, because we experts are also arrogant. The penal code does not say maximum, minimum or medium this alteration, it says alter.
Look at those instructors who create their images using artificial intelligence.
three, two numbers three in a processing there cannot be two numbers three or it is 3.1, 3.2, 3 point to infinity, but there cannot be two numbers three.
Excuse me, excuse me for having to pull you out of ignorance and for having been taught obsolete criminalistics.
Here I want to pause and acknowledge two of my students, Carlos Yair and my student Alejandrina.
Twenty days ago we conducted a processing course and trained mothers searching for their missing children in southern Morelos. My respect and admiration for all the people who are looking for a family member and whom the Mexican State has abandoned. Criminalistics today must have empathy. and must help and assist in the investigation and training of these people who are on foot every day moving earth, moving stones, going down into ravines, climbing hills to find a family member.
The Morerense Academy of Forensic Sciences and I extend our deepest appreciation for this commendable, highly praiseworthy, and humane activity.
And what they are doing here, well, my students, my servant here is 35 degrees south of the burning sun of Morelos training.
I wish that many pseudo-instructors and pseudo-trainers were providing training like this, but they don't; they prefer to spread outdated criminalistics. More outdated criminalistics. Look. Packaging of forensic evidence, firearms, bladed weapons, biological evidence in plastic bags. Never, ever put biological evidence in plastic bags because it accelerates decomposition.
Here in the middle they are inserting a rod into the barrel of a firearm, an object with similar characteristics, a firearm. And what are they doing?
What are they doing?
Altering.
Look, the other person is moving, he's lifting a knife with tongs and if he drops it, he's putting it in a plastic bag. How sad, how sad it is to see these training sessions.
But guess what? They are part of what people have sadly been taught.
But it does n't seem so, my dear teacher, can you hear me? Can you hear me, my dear teacher? We still have transmission there. No, I don't see myself in it. I don't see it.
It seems they don't listen to me. I don't see myself.
Houston, Houston, are you there? Can you hear me there? Can you see me?
Well, what's up? Well, it seems they took down our presentation, huh? What's next, my dear students? I mean, the intention here isn't for you to get carried away or worried, right? The intention here is to let them know that there are really many things to learn, many things that need to be changed. So that? So that we have a real criminalistics applied to science and technology. Um, I'm going to tell you, and I say this with all due respect to my students, my students who have given me the honor of being their teacher, I always tell them to read, I always tell them to question, because the expert is the one who is made to question, the one who is made to think and reason. An expert who doesn't think, an expert who doesn't reason and only replies, is not an expert, excuse me, but I have to tell you. What's next on this show? So it follows that we have to tell them that we have to hold a respective congress, an international congress of forensic sciences. So that? In order to be able to discern and have all this clear regarding what is and what is not criminalistics. Today, criminalistics is confused with police science, and it shouldn't be that way. We experts are not police officers. We experts are here to provide scientific and technical support to the legal profession.
We experts are not criminalistics; it is not more than the law, but it is not less either. Criminalistics and law are, uh, what's it called?, sciences that go hand in hand with respect to the investigation of an event that the law designates as a crime.
In light of this, to conclude, I want to congratulate the friends of Fomento Educativo Politécnico and the National Polytechnic Institute on their 90th anniversary. Congratulations. Congratulations to all those who make up and comprise the National Polytechnic Institute, to all those who carry the, what is it called?, who carry the pride of wearing the red and maroon colors on their chest. And it's a pleasure that you have made the decision to train in criminalistics engineering. Obviously, I will be interested first in taking the course and second in being able to be a teacher there, my dear students.
Well, to wrap things up, my dear, my dear, uh, Professor Carreón, I am ready and willing for a possible round of questions, if there is one, and if not, the reality is that we need to have a session to be able to know what criminalistics is, to unify criteria.
And what I propose is a law to dignify and professionalize the forensic expert service in Mexico. Uh, a national forensic congress to standardize concepts in criminalistics and criminal investigation.
Reform articles of the National Code of Criminal Procedure to describe forensic work in obtaining expert evidence in the National Code of Criminal Procedure. To provide, mind you, to provide the expert with social, labor and legal security in their current position, whether official or private, and to standardize the salaries between police officers and the Public Ministry in our country, because in some places, the truth is, the expert's salary is very, very low.
A publication has just been released stating that the Public Prosecutor's Office is paid 13,000 pesos per month.
The expert earns 15,000 pesos per month. That's very little, really. And what I achieve or what follows in my presentation is to say that this is a humble recognition for the forensic experts in Mexico.
And my dear teacher, I am at your service for whatever you indicate.
Thank you all very much.
Cate bien, eh says that the body is an indication. That's false. The body is not an indication. The body is an element of study that carries, transports and produces clues and must be treated with dignity. If you say that the body is an indication, you are objectifying it and that is not its reason for being. The evidence, the body is not evidence, it is an element of study and must be treated with dignity.
I am at your service at these telephone numbers and I am at your service, my dear attorney Carrión.
Charon.
Thank you, thank you all. It seems that we are alone. If you have any questions, please write them in the chat. We are at your service. We're at two for one right now.
Okay, then, Mr. Gustavo Martínez, can you hear me? I do n't listen to him. I do n't listen to him. Teacher, please turn on your microphone. He can hear me there.
Yes, we heard you. Can you hear me? I'm listening to it there. Yes, we're there.
Well, first of all, our deepest gratitude and appreciation for that experience and the ease with which you help us understand and see all these issues that require more analysis, more training, more learning. We also apologize to our audience for the technical difficulties we have experienced. It's not justifiable, but we wanted to let you know that Professor Roberto Suárez, who is here every Thursday, couldn't be here today due to health reasons. It was an emergency, and my colleague and friend Jesús Carrión stepped in to cover for him. Your patience, Professor, is also very kind of you. But I think that, returning to this experience, to this emphasis, to this emotion with which you make us understand everything that needs to be corrected, fixed, and where other experts in the field need to be brought in, it's a good sign of wanting to do things better and to reduce impunity.
Regarding our audience asking if admission will be free for the presentation of your book, it is on the 4th at 11 a.m., as I understand it, and we will be there with great pleasure to accompany you to ratify and also to celebrate this collaboration agreement that we have maintained in a practical way between the Polytechnic Educational Moment and the Morelos Academy.
Therefore, we humbly and proudly accept and receive the congratulations for all the polytechnicians on the 90th anniversary of the creation of our institution, because the work of the polytechnicians continues to be tireless. The Polytechnic Institute is today a heritage of Mexico. Its history is vivid, marked by the dedication of generations of students, teachers and graduates who have made it an emblematic and highly strategic institution for the development of the country.
It is true that, like any higher education institution, we sometimes have some differences, but the fruits of success outweigh the dark points that unite us, and the millions of young people in our classrooms have the opportunity to transform their lives. We also demand that the State contribute a higher percentage of the gross domestic product to higher education in general.
The Polytechnic is a very important educational institution.
The work of polytechnics, through millions of graduates, is felt in the productive apparatus, in science, in technology, in public services. And I dare say that there is no corner in industry, in private enterprise, in the social sectors, where the hand of a polytechnic has not acted and been present.
With the effort and work of everyone at the Polytechnic Institute— students, teachers, education support staff, graduates, and authorities—the Polytechnic Institute is constantly renewing its commitment to continue training generations that not only master technology and science, but also understand the ethical and social responsibility of putting their knowledge at the service of Mexico. In this pursuit of Polytechnic education, the Institute has been working to create the incriminating engineering degree program.
Today we have more than 250 conferences that have been given and we have an invaluable wealth with the experience of so many speakers, researchers, academics, experts, that we have the fundamental bases to justify the need to create a career.
And on Polytechnic Educational Development Day, we recognize all of you because you have contributed with your work, your efforts, to building a great institution. To all my fellow students at the Polytechnic Institute, we wish you an excellent day and that we continue working to make the National Polytechnic Institute bigger, stronger, more vigorous, and more creative and innovative. I now give the floor to my fellow general secretary, engineer Eduardo Nava, for the presentation of his award.
Go ahead, Engineer Nava.
Yes, thank you very much, Mr. Enrique Dorantes. Well said. Well, these words are directed towards the National Polytechnic Institute, our Alma Mater.
Very well, thank you very much for those words. Well, as always, I want to first greet those who have joined us today.
We have had representatives from some Latin American countries, such as Ecuador and Venezuela, and we have also had the participation of friends from Toronto, Canada, and our dear friends from Tijuana, Baja California, and Culiacán, Sinaloa. In short, we are very grateful to all of them for their presence and send them our warmest regards. We also had the participation of countries from Latin America such as Ecuador and Venezuela.
I will now present this award to Maestro Gustavo.
Fomento educativo Politécnico, Asociación Civil, Educación Científica, Tecnológica, Humanística hoy y mañana y el Colegio Internacional de Peritos en Investigación de Juegos Inambios Explosiones y ciencias forenses, asociacion. I will now present this award to Maestro Gustavo. Fomento Educativo Politécnico, Asociación Educación Científica, Tecnológica, Humanística hoy y mañana and the Colegio Internacional de Peritos en la México recognition president as president and Dr. Mario Ricardo Saldaña Olasco as director of the Colegio Internacional de Peritos. Wow, a huge thank you from all of us, Gustavo, because as always, we greatly appreciate you sharing your experience in the field of criminalistics, in the field of field experts.
Thank you all very much, and now I'll give the floor to my colleague, Mr. Enrique Dorantes Díaz.
Thank you all so much.
Thank you very much, Engineer Nava. If my colleague Jesús Carrión is here, please, Jesús, we can close this conference and once again we thank all our audience for their presence.
Technical failures are unintentional, but these are opportunities that we see to correct and always improve our conferences.
For now, if Jesús Carrión is around and uploads the code, if not, if you allow me and the whole auditorium is here, I don't have access to the platform at the moment, but if the whole auditorium is here, I would like to send a four- digit code. Jesus, is it appropriate to send it, please?
Or did you already upload it?
No, this one has it.
Well, I'm going to take the plunge. I don't have access, Enrique.
Okay, so, choose the four- digit number, Jesus, and that's the one we'll use for issuing the certificates.
It will be 1963.
We repeat, 1963 is the code for the certificate procedure, which you already know the procedure for, 1963.
Any details you may have, please, on our channel, we will be attentive to attend to all your requests.
Thank you very much, and we'll see you next Thursday at another conference. And don't forget that on July 4th, we'll be meeting at the Chamber of Deputies for the presentation of Professor Gustavo Cortés's book. Gustavo Martínez Cortés, please.
Thank you and see you next time. Go ahead, Jesus.
Jesus, are you still around? I don't have access to this Enrique, I'm trying to shut down the platform.
Okay, so we'll see each other, and well Jesus, an apology and a congratulations at the same time for this great job you took on today and that turned out so well.
Okay, thank you all very much and sorry for the technical difficulties.
Thank you. Goodbye, Jesus.
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