Violations of Fundamental Rights to the imposition of automatic pre-trial detention

Abstract

This essay analyzes the characteristics of automatic pre-trial detention, the most harmful precautionary measure within the Mexican legal framework. Arguments are presented that demonstrate violations of the human rights of the accused, both due to procedural circumstances and the practices that surround it. It is argued that the automatic nature of pre-trial detention violates the very nature of precautionary measures, and can be considered as an anticipatory punishment. Therefore, it is proposed to review the relevance of eliminating automatic pre-trial detention from the Mexican legal framework, preserving imprisonment as a precautionary measure only in justified cases.