Monday, December 8, 2025

Court rules law enforcement authorities need court order to obtain bank records

The Supreme Court (SCJN) has ruled that it is unconstitutional for federal law enforcement authorities to request the bank records of accused criminals without a court order.

With six magistrates voting in favor and five against, the court determined that article 142 of the Credit Institutions Law – which allows the federal Attorney General’s Office (FGR) to obtain the financial records of suspected criminals – violates people’s constitutional right to privacy.

The ruling leaves thousands of cases pursued by the FGR, including those against former Pemex CEO Emilio Lozoya and ex-governors, hanging by a thread, the newspaper Milenio said.

The SCJN will sit again Monday to determine whether its decision will apply retroactively or only to future cases.

Some justices warned that depriving the FGR of its capacity to seek and obtain bank records will place money laundering, tax fraud and organized crime investigations at risk.

“The consequences that the establishment of this ruling might have concerns me,” said Jorge Mario Pardo Rebolledo.

Once the court’s ruling is formally pronounced, he said, financial evidence held by the FGR will “automatically” become “illegal – all the information, all the requests for bank information on which investigations are being processed.”

“. . . The Supreme Court must . . . be sensitive to the consequences of the judgements that it is establishing,” Pardo said.

Eduardo Medina Mora acknowledged that the right to privacy is of the utmost importance but argued that the right should be superseded when federal authorities are investigating crimes such as tax fraud, money laundering, terrorism or organized crime.

However, six judges including Chief Justice Arturo Zaldívar Lelo de Larrea didn’t share his view.

“There is something that is very important – at least for me – to take into account. The seriousness of the crime, the seriousness of the situation doesn’t excuse non-compliance with the constitution. The fight against crime must respect the constitution and human rights,” Zaldívar said.

“. . .I don’t think that being more relaxed with constitutional requirements is the right path for a constitutional court or for a democratic constitutional system. . .”

Source: Milenio (sp) 

Have something to say? Paid Subscribers get all access to make & read comments.
sheinbaum and formal employment graphic

Formal employment in Mexico is up 2.7%, hitting record of 22.8M workers

0
IMSS director general Zoé Robledo said the increase in formal employment in 2025 should be seen as “a sign of resilience in the labor market,” which had shown signs of deterioration earlier in the year.
President Sheinbaum's sky-high approval rating is under pressure from recent events in Michoacán.

Sheinbaum’s approval rating drops 9 points amid security challenges

1
At 74%, Sheinbaum's approval rating is the lowest detected by the eight national polls conducted by Enkoll since Oct. 1, 2024, and indicative of a difficult November for the president.
car bomb in Michoacán

Car bomb targeting community police station kills 6 in Michoacán

0
The explosion of a car bomb outside a community police station in the town of Coahuayana, Michoacán, on Saturday killed six people, including at least three police officers.
BETA Version - Powered by Perplexity