Mexico's New Standard: Freezing Accounts Without a Court Order

Authorities can freeze accounts directly, based on evidence not previously reviewed by a judge. Afterwards, you can defend yourself. For years, the freezing of accounts in Mexico went through an essential filter: judicial oversight. But the question is how far the State can go without violating fundamental rights. And if we accept this today, the discussion is inevitable: what other rights could follow the same path? But by then, the damage is already done. The difference is clear: before, the debate was whether the measure should be applied; today, the debate is how to reverse it. In criminal law, this logic is dangerous. Because when assets can be affected without prior judicial review, it ceases to be a fully protected right. Violations of rights should be previously justified by a judicial authority. And the defense comes after. The person facing this measure must initiate a legal process to prove that their resources are legitimate or that the action was disproportionate. Without this control, the margin of error increases and the consequences fall directly on the citizen. Furthermore, impunity exists not only when a crime goes unpunished. The authority had to go before a criminal court, which would evaluate whether there was sufficient evidence to justify such a serious measure as leaving a person or company without access to their resources. It was a safeguard. Today that balance disappears. It also exists when someone who has committed no wrongdoing is harmed. The argument is to combat money laundering. First, they freeze your account. The impact is immediate. Today, the logic is different. Criminal law specialist, Buergo Gómez Abogados, S.C. The new standard of the Supreme Court of Justice that allows freezing accounts without a court order changes a basic rule of the rule of law: the possibility of defending oneself before being affected. That control was not a mere formality. And the problem is that the freeze does not distinguish: it does not block only the questioned amount, it blocks the entire account. For a person, this means losing access to their assets. For a company, it can mean halting operations, failing to meet obligations, and compromising its viability in a matter of days.