SCJN prohibited the FGR from accessing bank information without judicial authorization

(Photo: special)

The first chamber of the Supreme Court of Justice of the Nation (SCJN) declared this Wednesday unconstitutional the power of the Attorney General’s Office (FGR) to access banking and financial information without prior authorization from a judge.

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And it is that four of the five ministers considered that article 142, section I, of the Credit Institutions Law violates the right to private life, for which reason it prohibited the Public Ministry from forcing banks to deliver said information without control court during the investigation of an alleged crime.

“The First Chamber considered that although the right to privacy, in the aspect of protection of bank secrecy, is not unrestricted and admits exceptions, for the purposes of a criminal investigation judicial intervention is necessary,” said the minister’s project. Margarita Rios Farjat.

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The message will be broadcast this Friday afternoon and it is believed that it will deal with the controversial issue

Minister Jorge Mario Pardo Rebolledo was the only one who voted against.

In this way, the country’s highest court protected Peter Bauer Mengelberg López, brother-in-law of José Luis Vargas Valdez, former president of the Electoral Tribunal of the Federal Judiciary (TEPJF), and who since 2016 has been the Attorney General’s Office (PGR). began the investigation of probable tax fraud.

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According to the investigations, the case began after an anonymous complaint about alleged contracts that the Federal Telecommunications Commission, today the Federal Telecommunications Institute (IFT), would have irregularly granted to the company Consorcio de Litigio Estratégico.

Therefore, the PGR requested Bauer Mengelberg’s banking and financial information from the National Banking and Securities Commission (CNBV).

(Photo: special)

It was in May 2022, the Supreme Court endorsed that the federal tax authorities have access to personal bank data for tax purposes, without judicial authorization.

In other news, the FGR challenged the ruling of federal judge Gregorio Salazar Hernández, attached to the Federal Criminal Justice Center in the State of Mexico, located in the Altiplano, who acquitted scientists from the National Council of Science and Technology (Conacyt), accused for organized crime and money laundering for the alleged illegal contributions of Conacyt for 244 million pesos, confirmed sources close to the case

The case will be referred to a collegiate court so that in the next few days it can determine whether to confirm, revoke or modify the determination of the justice provider.

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Scientists and researchers Julia Tagüeña Parga, former deputy director of Conacyt, José Franco and Gabriela Dutrénit Bielous, former coordinators of the Consultative Forum on Science and Technology (FCCyT), definitively released the accusations

The investigation folder opened against the scientists was initiated by the Specialized Prosecutor for Organized Crime Investigation and includes the possible commission of crimes related to operations with resources of illicit origin, embezzlement and organized crime.

In 2020, a first investigation began, which was not prosecuted and at the beginning of 2021 a new investigation was opened, which was the basis of the actions undertaken by the Public Ministry.

In a hearing on January 13, 2023, federal judge Gregorio Salazar Hernández decided to dismiss the criminal proceedings in favor of five of the 31 scientists investigated by the FGR for organized crime, money laundering, and corruption offences.

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