What exit do I have if I am being accused of tax fraud, money laundering and organized crime?
To know if there is any option other than to go to trial when accused of the three crimes, it is necessary to know more about what they consist of and if we have an alternative solution.
1. What do they consist of and where do we find them established?
These crimes can be found established in articles 108 of the Federal Tax Code, article 400 Bis of the Federal Criminal Code and article 2 of the Federal Law Against Organized Crime.
While tax fraud tells us about who, with the use of deception or taking advantage of errors, totally or partially omits the payment of any tax or obtains an undue benefit to the detriment of the federal treasury.
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Operations with resources of illicit origin or better known as money laundering is when someone on their own or through a third party performs any of the following behaviors:
I. Acquire, sell, manage, custody, possess, exchange, convert, deposit, withdraw, give or receive for any reason, invest, transfer, transport or transfer, within the national territory, from this to abroad or conversely, resources , rights or assets of any nature, when it is aware that they come from or represent the product of an illicit activity, or II. Conceal, conceal or intend to conceal or conceal the nature, origin, location, destination, movement, property or ownership of resources, rights or goods, when it is aware that they come from or represent the product of an illicit activity.
And finally, organized crime is when three or more people are in fact organized to carry out, permanently or repeatedly, behaviors that by themselves or in conjunction with others, have the purpose or result of committing one or more of the crimes established in the same article.
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2. How do these crimes proceed?
Tax fraud proceeds by complaint, money laundering by complaint of the Ministry of Finance and Public Credit and organized crime is followed ex officio.
3. Are they crimes that merit preventive detention?
If preventive detention is appropriate in accordance with the provisions of article 167 of the National Code of Criminal Procedures.
4. Does the reparation agreement proceed?
It is not appropriate to reach a reparatory agreement.
5. Is the conditional suspension of the process appropriate?
Neither does the conditional suspension of the process proceed as it does not fit into the requirements to be able to carry it out.
6. Is there a way out other than trial if I am being accused of tax fraud, money laundering and organized crime?
Because the three crimes are presented together, no way out other than the trial is possible.
What exit do I have if I am being accused of tax fraud, money laundering and organized crime?
The Mexican criminal process explained in English
