Mexico.- The Supreme Court of Justice of the Nation (SCJN) will limit the excesses and abuses to request amparos by people who suspect they are under judicial investigation.
In recent days, the Supreme Court approved a jurisprudence that limits the practice of the so-called shelters “seekers”which are pmoved by people who suspect they are under investigation for a crime, but have not been cited by the prosecution.
By promoting these amparos, the alleged culprits try to take advantage to access files and take protective measures in advance and even run away.
By three votes against two, the First Chamber of the Court ruled that the mere suspicion of being under investigation does not give the right to promote amparos to allow access to a research folder.
The foregoing, by resolving a contradiction of criteria between collegiate courts, on an issue that has generated confusion since the accusatory criminal justice system fully entered into force in 2016.
In practice, the jurisprudence could further facilitate the arrest and preventive detention of suspects, since in many cases, prosecutors request arrest warrants without ever summoning the suspect to testify.
“The simple suspicion of being investigated does not derive in any subjective right to access the investigation folder, so it is essential that the ministerial authority carry out some diligence to the detriment of the investigated so that the person can claim access to the records of the investigation,” said the majority.
The proceedings in question may be an arrest, summons or any other “act of nuisance” that the defendant can prove.
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“In this way, when a person files a claim for amparo against the refusal or omission of the Public Prosecutor’s Office to allow access to the investigation folder, but the claim brief and its annexes only mention that they have a suspicion or fear If it is investigated and, in addition, the existence of a specific act of nuisance (arrest or summons) is not observed, it will be appropriate to dismiss the application for protection outright, “adds the jurisprudence.
Most of the Ministers also explained that the new penal system requires the preservation of secrecy in the initial stages of investigations.
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