Mexican Supreme Court Declares Mandatory Preventive Detention for Fiscal Crimes Unconstitutional

MEXICO CITY – The Supreme Court of Justice of the Nation (SCJN) has declared mandatory preventive detention for fiscal crimes unconstitutional, a decision announced by legal specialist Ladamadelaseguridadsocial. This ruling marks a significant shift, prioritizing the principle of presumption of innocence and ensuring due process for individuals accused of tax-related offenses.According to the specialist, this declaration means that individuals are considered innocent until proven guilty, even in cases involving alleged tax evasion, smuggling, or the use of false tax receipts. The decision aims to guarantee access to justice before any form of incarceration for such allegations.The legal expert emphasized the critical importance of robust compliance for businesses. "It is indispensable to have compliance, not just to comply, but to demonstrate that you comply," she stated, highlighting the need for proactive measures to prevent fiscal irregularities. The ruling underscores that prevention remains the key strategy for businesses to ensure their operations align with legal requirements and avoid potential legal entanglements.