They Consider Pretrial Detention for Invoicers Unlikely
Tax attorney Mario Barrera was cited in an article by Reforma discussing Mexico's penitentiary reform, which seeks to apply pretrial detention to those who issue invoices for non-existent operations. After receiving opposition from the country's Supreme Court, Mexican President Andrés Manuel López Obrador announced that he will seek a new penitentiary reform to penalize the so-called invoicers and maintain tax fraud as a crime that implies automatic imprisonment. Mr. Barrera insisted that pretrial detention should not be considered because it violates human rights. However, he explained that justified preventive detention exists and this is to be applied as long as the Attorney General's Office proves that it is necessary. Mr. Barrera also pointed out that the fact that it can be applied with justification is not a reason to apply it to all defendants.
"Instead, if these cases occur, it is necessary to prosecute those cases and not establish a measure that is contrary to human rights," he said.