Reform to Expand Offenses Subject to Mandatory Pretrial Detention

Reform to Expand Offenses Subject to Mandatory Pretrial Detention

November, 2024

On November 27, 2024, the Chamber of Senators approved by a qualified majority a constitutional reform that expands the catalog of offenses subject to mandatory pretrial detention. This initiative, originally submitted by former President López Obrador on February 5, 2024, had previously been approved by the Chamber of Deputies.

The reform amends Article 19 of the Constitution, providing for the application of mandatory pretrial detention for the offenses of extortion, smuggling, and activities related to the unlawful handling of chemical precursors and synthetic drugs, such as fentanyl. Likewise, it includes any activity related to false tax receipts. With respect to offenses related to chemical precursors, conduct such as the diversion or use of these substances for the production of synthetic drugs is sanctioned; the possession of precursors, essential chemical products, or machinery to manufacture capsules, tablets, or pills without the corresponding permits, as well as the importation, exportation, or transportation of said inputs by parcel service, among others, in accordance with the Federal Law for the Control of Chemical Precursors, Essential Chemical Products, and Machines for the Manufacture of Capsules, Tablets and/or Pills. For its part, the Federal Fiscal Code establishes prison sentences for those who, directly or indirectly, issue, transfer, purchase, or acquire tax receipts covering nonexistent, false, or simulated transactions. The legislative debate, which lasted six and a half hours, was marked by opposing positions. The parliamentary groups of Morena, PVEM, and PT emphasized that this reform seeks to protect citizens against offenses that have increased in recent years, underscoring that combating the use of false invoices is a national priority. In contrast, the caucuses of PAN, PRI, and MC argued that mandatory pretrial detention undermines human rights. The initiative must be approved by at least 17 states of the Republic. Once the legislative process is concluded, the Congress of the Union has a period of 180 days, from the entry into force of the decree, to adapt and harmonize the corresponding federal laws. In turn, the state legislatures must make the necessary adjustments within a period of 365 days after the publication of the decree, ensuring the uniform implementation of these provisions throughout the country. Sources: 1) Press Release 481, Chamber of Senators, November 28, 2024. 2) Bulletin No. 0362, Chamber of Deputies, November 13, 2024. 3) Draft Decree Minute amending the second paragraph of Article 19 of the Political Constitution of the United Mexican States, regarding mandatory pretrial detention, under number CD-LXVII-1P-013. 4) Session of November 27, 2024, Chamber of Senators, YouTube channel. 5) Ordinary Session of November 13, 2024, Chamber of Deputies, YouTube channel. For any questions and/or additional information, please contact our White Collar experts: Diego Sierra, Partner:+52 (55) 5258 1039 | dsierra@vwys.com.mx Enrique Riquelme, Counsel:+52 (55) 5258 1039 | eriquelme@vwys.com.mx Ricardo Cacho, Counsel:+52 (55) 5258 1000 | rcacho@vwys.com.mx

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