Guilt and Innocence & Liability Insurance

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Escrito por Ernie Gorrie desde ( el día lunes, 26 de septiembre, 2005 a las 15:05:08 horas :

En respuesta a: Re: liability insurance escrito por Bill desde ( el día domingo, 25 de septiembre, 2005 a las 23:17:48 horas :

Bill wrote:

"Generally, in Mexico, you're guilty until you can prove your innocense."

While I appreciate the idea behind this information, I think it is a bit overstated. Someone with more legal background than I may correct me, or Bill, or both of us.

My understanding is there is not a presumption of guilt, but neither is there a presumption of innocence. Not presuming someone is innocent, is different from presuming guilt.

My understanding is that in Napoleonic Code countries, it is more likely for a person to be held in some form of custody for longer periods of time while legal liability is sorted out. If the person can demonstrate they will be able to provide compensation for liability, they generally have liberty quickly, although there may be some restrictions similar to a person on bail in Canada or the US.

Providing insurance papers will often prove the ability to compensate for any liability.

Some insurance policies (like the one I buy for my vehicle in Mexico) include legal representation. In some cases, this legal representation includes a "scene of the accident" lawyer who will attend based on a toll-free telephone call. I understand those policies can have remarkably good effect on ensuring liberty (in the absence of possible criminal charges for impaired driving, etc.)

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