The reform also mentions that serious crimes determined by law against health, the free development of personality, smuggling and any activity related to false tax receipts warrant informal preventive detention.
Furthermore, it maintains that for the interpretation and application of the norms provided for in this paragraph, the State bodies must abide by their literality, and any analogous or extensive interpretation that seeks to disapply, suspend, modify or render null and void its terms or its validity is prohibited. either totally or partially.
The transitional articles indicate that the state legislatures will have 65 hours to adapt the necessary regulations to comply with these reforms; while the Congress of the Union will have up to 180 days to harmonize the legal framework around these constitutional changes.
This is one of the 20 reforms that the then president Andrés Manuel López Obrador proposed in February of this year; However, the original proposal was modified in the commissions of the Chamber of Deputies.
Informal preventive detention is a precautionary measure decreed automatically by a judge. This measure is used in “serious” cases.
The PAN member Ricardo Anaya pointed out that with this reform an “abuse” is committed, since he said that he wants criminals in jail and not “poor and innocent people,” and explained that one is preventive detention as a precautionary measure, when justifies, and the other is to make a catalog of crimes and that any person linked to the process, without a sentence, goes to jail for two years.
“This informal preventive detention is not your invention, it comes from the six-year term of Felipe Calderón. Let’s not perpetuate a figure that violates human rights, that violates the presumption of innocence,” commented the PAN member and recalled that the high commissioner for human rights sent a letter to legislators, where he asked them not to approve this reform.
Meanwhile, Alejandra Barrales commented that this is a measure that represents a flagrant violation of human rights by removing the presumption of innocence from people, and assured that this measure will reduce crime in the country.
“Because people are simply sent to prison without having been tried. We are talking about automatic preventive detention. We are against it because the expansion of preventive detention does not improve the justice system, but rather weakens it. The indiscriminate use of informal preventive detention hinders an individualized evaluation,” he declared.
He also added that one of each woman does not have a sentence, so he commented that this sector is the one that is most affected.
Meanwhile, PRI member Claudia Anaya recalled that preventive detention is justified, as she said that every time there is a risk that the person being investigated will escape, the Public Ministry requests this measure. To which he criticized that the catalog is expanding every time.
Otherwise, Morenoist Alejandro Murat commented that this reform seeks to fill the “loopholes” that criminals have used to have impunity. He emphasized that preventive detention is a precautionary measure, so he mentioned that to take it into account, the accused should have been linked to the process; That is to say, he said, “that there are sufficient elements to consider that the person did participate in the events that the law indicates as a crime.”
