FGR will not be able to access bank information without a court order: SCJN
The first room of the Supreme Court of Justice of the Nation (SCJN) declared unconstitutional the power of the Attorney General of the Republic (FGR) To access Bank information and financial without prior authorization from a judge.
During the work, 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 obliges the banks to deliver said information without judicial control during the investigation of an alleged crime.
“The First Chamber considered that although the right to privacyin the aspect of protection of banking secrecy, is not unrestricted and admits exceptions, for the purposes of a criminal investigation judicial intervention is necessary, “said the project of Minister Margarita Ríos Farjat.
SCJN puts a ‘padlock’ on bank information
Prosecutor’s Office must have a judge’s order to access bank information
As we have mentioned in other informative notes of The Truth Newsit was in May 2022, when the Supreme Court endorsed that the federal tax authorities have access to personal bank data for tax purposes, without judicial authorization.
It is worth mentioning that in this Wednesday’s session, the First Chamber resolved to protect Peter Bauer Mengelberg López, brother-in-law of José Luis Vargas Valdez, former president of the Electoral Tribunal of the Federal Judiciary (TEPJF), accused of tax fraud in 2019 .
The investigation was based on an anonymous complaint about the contracts that his company, Consorcio de Litigio Estratégico, obtained from the Federal Telecommunications Commission, today the Federal Telecommunications Institute, allegedly irregularly.
It may interest you: SCJN will veto pension debtors from public office, find out the details
Mengelberg López denounced that the FGR based its accusations on the irregular review of his bank movements, without the corresponding judicial authorization.
The Chamber highlighted that judicial control in criminal matters was devised as a mechanism for the protection of fundamental rights, for which reason judicial authorization is mandatory when the technique or act of investigation that the ministerial authority intends to carry out affects recognized human rights. in the Constitution and international treaties.
Follow us on Google news, Facebook Y Twitter to keep you informed.
