Vicisitudes de la extinción de dominio frente al garantismo penal en México

Abstract

The Mexican State, as guarantor of the security of its governed, requires the use of a criminal policy aim at the effective protec-
tion of fundamental rights that evidenced the unrestricted fulfillment of the obligations represented by International Human Rights Law. This article analyzes from a dogmatic-legal perspective, the serious violations of legal certainty and the presumption of innocence by the normative design of the National Domain Extinction Law published in 2019, which establishes various actions such as the retroactive application of its legal effects or the disposition of assets subject to the aforementioned action, for example, anticipated sale, destruction or donation, autonomous determination against the resolution of the criminal judge who examines the responsibility of the president responsible for the crime that originated the extinction process of domain.The position of the Supreme Court of Justice of the Nation on the apparent absolute autonomy of the civil process of extinction of dominion over the process of criminal nature does not go unnoticed, in order to consider the particularities of this security policy that argues to aim to guarantee the rights of the governed and serve as a way of action against crime in Mexico.