This Monday the plenary session of the SCJN is scheduled to discuss a project by Minister Luis María Aguilar Morales in which the non-application of informal preventive detention is proposed and that this precautionary measure is left to the discretion of the judges on a case-by-case basis. The project stems from the unconstitutionality actions 130/2019 and 136/2019, promoted by the CNDH and opposition senators, respectively, against the decree published on November 8 of that same year. The application of this resource was included for crimes such as organized crime, intentional homicide, femicide, rape and kidnapping, among others.
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