Supreme Court eliminates informal pretrial detention for tax crimes – DebtInflation

The plenary session of the Supreme Court of Justice of the Nation (SCJN) declared unconstitutional by a qualified majority the Informal Preventive Prison in tax crimes, among them that includes invoicers, tax fraudsters and smugglers, in this Thursday’s session.

The ministers were divided in their decision, since nine of them agreed that the figure of smuggling should be included in the crimes that warrant this measure.

While eight voted in favor of removing the sale of invoices for non-existent activities (also called invoices) and tax fraud, although it was enough to reach a qualified majority.

These crimes were included in the catalog of crimes that warrant unofficial preventive detention in 2019 when they were called a threat to national security. At the same time they were included in the Federal Law against Organized Crime.

During the session this Thursday, the minister javier laynez He assured that it is unconstitutional to name these crimes as a danger to the security of the country, affirming that trying to add in secondary laws what is not included in the constitution is a scam.

“The constituent deliberately did not include tax crimes despite the seriousness that under certain conditions it could have. It was not an oversight, there was a debate about whether this type of crime, the prosecutors, could be considered in Article 19 and it did not happen, “said the minister.

In this sense, he ruled that “through secondary legislation, a national security classification is made and preventive detention automatically proceeds, for me it is a fraud of the constitution.”

At the same time, Minister Norma Piña pointed out that tax crimes should not have been included in this list, since they are not legally responsible for protecting national security.

“Not any criminal activity that affects society can be classified as a threat to national security, but only that which actually poses a current and direct risk to the existence of the State,” said the minister.

Likewise, the minister Daisy Rios Farjat He asserted that he agreed that the smuggling carried out by criminal groups does not warrant informal preventive detention, although this was not the case when talking about tax fraud and the sale of invoices.

“It is no longer a single person who deliberately deceives to defraud almost 9 million pesos, if he does not organize criminally with others to break the treasury. This is indeed organized crime, ”she maintained.

On the other hand, the ministers Yasmín Esquivel and Loretta Ortiz were against the elimination of tax crimes from the list of crimes that warrant the issuance of informal preventive detention.

They reject changing the interpretation of preventive detention

Despite having removed these crimes from the list, a second part of the project proposed changing the interpretation of informal preventive detention for any crime, which would no longer have been considered mandatory. However, this part of the proposal did not reach the majority of votes to be approved.

Minister Luis María Aguilar had proposed to his colleagues that the judges who order this measure had to analyze it on a case-by-case basis instead of this figure being imposed immediately and obligatorily.

This second project was presented after in September of this year sufficient votes were not reached to declare unconstitutional the informal pretrial detention.

In this second attempt, the majority of eight votes necessary to reinterpret it was not achieved either, since only six ministers were in favor of the change in the measure.

According to the minister president, Arturo Zaldívar, this would have caused confusion with justified preventive detention.

Leave a Comment

Your email address will not be published. Required fields are marked *