Reform on smuggling, fraud and false invoices invalidated

By a qualified majority, the plenary session of the Supreme Court of Justice of the Nation (SCJN) invalidated the reform that imposed unofficial preventive detention for the crimes of smuggling, tax evasion and falsification of invoices.

The above with votes against the ministers Yasmín Esquivel and Loretta Ortiz, respectively, and in favor of the other nine ministers.

For Minister Margarita Ríos Farjat, preventive detention should be imposed after being informally analyzed in each case.

“I pronounce myself to agree that preventive detention, understood as to date, is more punitive than precautionary. That is why I agree that it can be interpreted differently,” he said.

Likewise, the plenary session of the Court determined, by a majority of new votes, that these tax crimes cannot be classified as organized crime, therefore informal preventive detention should not be applied, as established in the 2019 reform.

In his speech, Minister Javier Laynez Potisek considered that including tax crimes among those that deserve PPO is “a fraud against the Constitution because the constituent freely did not include property crimes in 2008 and in 2019 added some, but did not include tax crimes”.

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