Background on the Supreme Court of Justice of the Nation (SCJN)
The Supreme Court of Justice of the Nation (SCJN) is Mexico’s highest court responsible for interpreting the Constitution and ensuring that laws comply with it. Composed of eleven magistrates appointed by the Senate, the SCJN plays a crucial role in shaping Mexico’s legal landscape.
The Case: Amparo 365/2025
In a unanimous decision, the SCJN upheld the constitutionality of Article 141, Fraction III, of the National Criminal Procedures Code. The case, Amparo 365/2025, was presided over by Yasmín Esquivel Mossa.
The Decision
According to the ruling, since January 22, 2020, the former First Sala of Mexico’s highest constitutional court determined that an arrest warrant serves to bring the investigated person before a Control Judge. This is to inform them of any imputations against them and to formally initiate the investigation.
- This action is only warranted if alternative methods of conveyance are deemed insufficient to ensure the suspect’s presence at the initial hearing.
- The circumstances of the case, fully justified by the fiscal, may necessitate such measures due to:
- a) Risk of the suspect evading justice;
- b) Threat to the victim, the injured party, witnesses, or the community;
- c) Risk to the investigation’s progress.
Validation of Article 224 in the Ley General de Sociedades Mercantiles
In the same session, the SCJN validated Article 224 of the Mexican Commercial Code. This article allows creditors to oppose a company merger due to outstanding debts.
The SCJN clarified that the law also permits immediate mergers under certain conditions, such as:
- Paying off the debts;
- Depositing the amount in a credit institution; Or obtaining consent from all creditors.
Key Questions and Answers
- What is the significance of this SCJN decision? The decision upholds the constitutionality of Article 141, Fraction III, ensuring that arrest warrants are issued judiciously and in line with the protection of individual rights.
- What does the SCJN ruling on Article 224 mean for creditors and debtors in mergers? The validation of Article 224 provides creditors with the right to oppose mergers due to unpaid debts, while also outlining alternative methods for proceeding with mergers when those debts exist.
