Can I enter Mexico if I was reported for a crime?

Can I travel to Mexico if I was reported for a crime? It is very common for people who live in the United States to find out that they have been reported for a crime in Mexico, so it is common to wonder if it is possible to return to Mexico, if they are going to be detained at customs when passing through the land border, or if they will be detained when landing at any of their airports, for this you must know the following:

Will they detain me if I enter Mexico from the United States?

In order to answer this question, we must necessarily first analyze the way in which you were denounced, and the procedural history that you may have in Mexico, so we will explain it as follows for didactic purposes some assumptions that will help you better understand your situation :

• You found out from relatives that you were reported for a sexual crime: It is very common to find yourself in this situation, where a loved one informs you that a relative has reported a sexual crime against you.

 If you find yourself in this situation you should know the following:

 Even if you are innocent or guilty, there is the possibility of being arrested in Mexico: This is because the Mexican criminal process resolves whether you are responsible for a crime until the last stage of the ordinary process called the “trial stage”.

 Therefore, a complaint for this type of crime could lead to the issuance of an arrest warrant against the defendant, due to the fact that when living outside of Mexico, Mexican law establishes “lack of roots”, which means that there is no way to send you the notifications so that you can go to court on your own foot and in freedom, this by virtue of the fact that you do not have a domicile in the place where you will have to be tried, for example, in the city of Tijuana.

If you have a domicile in Mexico, for example in Tijuana, but you live in the United States for work or another circumstance, you will be able to go to your criminal proceedings in freedom.

•     I was detained in Mexico in flagrant crime but was released at the public prosecutor’s office within 48 hours:  It is likely that you were detained while crossing the border for carrying a weapon or a crime related to narcotics, after which you were forwarded to the public prosecutor’s office and released within 48 hours under the argument indicated in this article of the Mexican criminal process:

“Article 140. Freedom during the investigation

In cases of arrest for flagrante delicto, in the case of crimes that do not deserve informal pretrial detention and the Public Prosecutor determines that it will not request pretrial detention as a precautionary measure, it may order the release of the accused or impose a protection measure under the terms of the provided by this Code.

 When the Public Prosecutor decrees the freedom of the accused, it will warn him so that he refrains from bothering or affecting the victim or offended party and the witnesses of the fact, not to hinder the investigation and to appear as many times as is summoned for the practice of investigation proceedings. investigation, warning him to impose measures of urgency in case of unjustified disobedience.”

It is likely that you have been released by the public prosecutor, however the process is still open in these cases, so it is very common for you to be summoned again to appear at a hearing in these cases.

If you find yourself in this case, it is unlikely that you will be detained upon re-entering Mexico, since for the prosecutor to have released you under this circumstance, he must first have confirmed that you have roots in the city where you have been detained, so the following summons will be made at that same address.

• I found out that I have an arrest warrant in Mexico: Within this assumption, you have probably been informed by someone that you have an arrest warrant, whether the officers or police are looking for you at your relative’s home or at your home in Mexico .

 If this is happening, it is because there is a serious accusation and the public prosecutor has already asked the judge for an arrest warrant to seek to arrest you.

   In these cases, the prosecutor of the public ministry can inform the Mexican customs that there is an arrest warrant against you or even the police in any part of Mexico.

For what types of crimes am I most likely to be arrested upon entering Mexico?

Arrests when entering Mexico if you were previously reported for a crime will necessarily have to be through an arrest warrant, so this order is requested by the prosecutor regularly between a period of 7 days to 6 months, depending on the severity of the case. its media coverage or the momentum generated by the victim’s lawyers in the case.

Outside of the above assumptions, the crimes for which you are most likely to be arrested when entering Mexico if you were reported are the following:

Most Likely Crimes

• sexual abuse or violence against minors
•  organized crime,
• homicide
•  femicide
• violation
•  kidnapping
•  human trafficking
•  house robbery room
• use of social programs for electoral purposes
•  corruption in the case of crimes of illicit enrichment and abusive exercise of functions
• theft of cargo transport in any of its modalities
• crimes related to hydrocarbons, petroleum or petrochemicals
•  crimes related to forced disappearance of persons and disappearance committed by individuals
•  crimes committed with violent means such as weapons and explosives, crimes involving firearms and explosives for the exclusive use of the Army, Navy and Air Force
•  serious crimes determined by law against the security of the nation, the free development of personality
• Of the health.

Crimes with less probability

• simple robbery
•     injuries such as street fights
•      frauds
•      threats
•      trust abuse
•      domestic violence