There are occasions in which two crimes can occur at the same time, or that the realization of one can facilitate the carrying out of another crime, on this occasion that of tax fraud and organized crime is presented, which will be explained in more detail.
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 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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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 that are established in the same article .
2. How do these crimes proceed?
Tax fraud proceeds through a complaint while organized crime continues ex officio.
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3. Are they crimes that merit preventive detention?
Yes, as it is established in the National Code of Criminal Procedures, preventive detention is applicable for both crimes.
4. Does the reparation agreement proceed?
The reparatory agreement does not proceed since neither of the two crimes fit into the assumptions established by the National Code of Criminal Procedures.
5. Is the conditional suspension of the process appropriate?
Conditional suspension is not applicable for either of the two crimes.
6. Is there any way out other than trial if I am being accused of tax fraud and organized crime?
No output other than judgment applies.
The Mexican criminal process explained in English
