What happens if I decide to disregard ministerial subpoenas?
What happens if I decide to disregard ministerial subpoenas? In today’s blog we will talk to you about one of the bad decisions that many people usually make, sometimes out of fear, others because they do not have knowledge about what happened, or simply because they do not want to do it, but here we will explain in more detail what are the consequences of not attending a summons, we will also give you some recommendations that you could consider if you find yourself in this situation.
1. Is ignoring subpoenas considered an error in the criminal process?
The answer to this first question is yes, there are many errors that people make during the criminal process and sometimes they are not aware of it, however this action is one of the most common that people commit, which does not necessarily have to do with the crime, if not already within the criminal process.
2. What can happen if I decide to disregard a ministerial or judicial summons?
Accused a relative of a crime in Mexico? Do you need to know if it is a crime to bring weapons into Mexico? Do you need to know if it is a crime to bring marijuana into Mexico? The prosecutor is accusing me of having committed a crime that I did not commit? Has your loved one been in jail in Mexico for years?
If you are in one of these situations, hire an online consultation.
The moment you decide to ignore a summons sent by an authority, you fall into a serious error where if you are free you can end up with a precautionary measure, from going to sign to preventive detention, the latter is the most delicate and the one you have knowledge.
3. What is the basis for considering that failure to appear for a summons is grounds for being the subject of preventive detention?
The basis for this error can be found in section V of article 168 of the National Code of Criminal Procedures, which establishes the following:
Article 168. Danger of abduction of the accused.
To decide whether or not the appearance of the accused in the process is guaranteed, the Control Judge will take into account, especially, the following circumstances:
[…] V. The contempt for subpoenas for procedural acts and that, in accordance with the law, the investigating or jurisdictional authorities had carried out.
The fact that this assumption exists is due to the fact that neglecting subpoenas can be understood as that the person has no interest in the best possible resolution of the criminal process that is being presented, so the authorities can interpret it as a danger and may withdraw from the action justice.
4. What recommendation should I follow in this case?
Thinking about not going either out of ignorance or believing that nothing is wrong is the worst decision they could make, for the aforementioned, therefore it is advisable to go to the summons to which you are required, also do not hesitate to do it accompanied from a lawyer, and in advance ask him to explain what the summons is about.
The Mexican criminal process explained in English
