The majority of Morena and its allies in the Chamber of Deputies approved a constitutional reform that expands the catalog of crimes that warrant preventive detention. However, the final ruling excluded the crimes of small-scale drug dealing and tax fraud, while maintaining extortion, smuggling, the use of false invoices, and expanding the hypotheses related to precursors such as fentanyl.
The constitutional reform project, which modifies Article 19 of the Constitution, was approved with 335 votes in favor, 108 against, and zero abstentions. The project has now been sent to the Senate of the Republic for analysis, discussion, and, if applicable, approval. The proposal was presented by former President Andrés Manuel López Obrador in February of this year and was ruled on by the previous legislature.
Regarding the amendments presented, only three proposals from Deputy Ricardo Monreal were accepted. These amendments excluded from the project the crimes of small-scale drug dealing and tax fraud, as well as expanded the hypotheses for distributors of chemical precursors like fentanyl.
Ricardo Monreal, also President of the Political Coordination Board, explained that the proposal to exclude the crime of small-scale drug dealing aimed to address it from a social perspective and to help foster peaceful coexistence and social fabric, especially among young people. Regarding tax fraud, its exclusion as a serious crime was proposed at a time when national unity is sought.
The reform also establishes that the judge will grant preventive detention in cases related to extortion, smuggling, and any activity linked to false tax documents. Furthermore, any analogous or extensive interpretation that attempts to suspend, modify, or annul the terms of the reform is prohibited.
The Congress of the Union has 180 days to harmonize the legal framework, while the states will have one year to adjust their laws. A suspensive motion presented by Deputy Laura Ballesteros to halt the discussion of the reform was dismissed as unconstitutional to the detriment of human rights.
