Mexico Enacts Reform to Narrow Scope of Preventive Prison
In a significant move, Mexican President Claudia Sheinbaum Pardo published a decree on December 31, 2023, in the Official Gazette of the Federation (DOF), reforming the second paragraph of Article 19 of the Constitution regarding preventive imprisonment. This reform seeks to balance the rights of the accused while ensuring public safety and justice for victims.
The amendment narrows the circumstances under which the Public Prosecutor’s Office can request preventive imprisonment from a judge. This measure will now only be considered when other cautionary measures are deemed insufficient to guarantee the accused’s appearance at trial, the progression of the investigation, and the protection of victims, witnesses, and the community.
The reform also specifies that preventive imprisonment will be ordered ex officio in cases of sexual abuse or violence against minors, organized crime, extortion, drug trafficking, and several other serious crimes, including homicide, feminicide, kidnapping, human trafficking, and robbery.
Moreover, the decree suspends any interpretation of the norms that might contradict or annul its terms. It will come into force on January 1, 2025, and from that date, any conflicting laws, regulations, or administrative decrees will be repealed.
The Congress of the Union has 180 days to align the legal framework with these changes, while state legislatures must comply within 365 days of the decree’s publication.
With this reform, Mexico continues to refine its criminal justice system, aiming to protect victims’ rights while ensuring due process for the accused.