**Mexican Lawmakers Expand List of Crimes with Mandatory Pre-Trial Detention, Excluding Drug Dealing and Tax Fraud**
By Carlos Álvarez Acevedo
November 14, 2024
On November 13, 2024, the Mexican Chamber of Deputies approved a constitutional reform to expand the list of crimes that require mandatory pre-trial detention, receiving 335 votes in favor and 108 against. However, the reform specifically excludes the crimes of drug dealing and tax fraud, following a reservation proposed by the political party Morena. This decision was also supported by the Green Ecologist Party (PVEM) and the Labor Party (PT). Opposition came mainly from the National Action Party (PAN), Institutional Revolutionary Party (PRI), and Citizen Movement (MC).
Initially, the reform included false invoicing, drug dealing, and tax fraud as crimes warranting automatic detention. But Ricardo Monreal Ávila, the parliamentary coordinator for Morena, advocated for removing drug dealing and tax fraud from this list, citing the need for a social approach to the former and responsible handling of the latter. Monreal emphasized economic discussions with various sectors and the alignment of their decisions with national unity.
The proposed changes now replace these exclusions with a focus on other illicit activities such as extortion, smuggling, operations with false invoices, and the handling of precursors and synthetic drugs like fentanyl. If enacted, this reform would obligate judges to mandate detention automatically for offenses included in Article 19 of the Constitution, limiting judicial discretion and possibly leading to pre-trial detention without consideration of individual case circumstances.
**Related Developments: Mexican Senate Prepares for Heated Debate on Pre-Trial Detention Reform**
As the reform to expand crimes with mandatory pre-trial detention progresses to the Senate, lawmakers are preparing for rigorous debate. Critics argue that this measure could inundate the prison system and infringe on rights, while proponents stress the need to combat organized crime more effectively. The Senate’s decision will be pivotal in determining how Mexico balances its legal obligations with the protection of civil liberties in the fight against crime.