The Reform of the Amparo Law and its impact on criminal matters

November 12, 2025

Suspension in criminal matters, freezing of bank accounts, and transitional provisions.

As a result of the reform, the suspension of the freezing of bank accounts ordered by the Financial Intelligence Unit will be inadmissible when the authority alleges that this will allow the commission or continuation of acts, operations, or services that could facilitate operations with funds of illicit origin or that could damage the financial system.

In these cases, however, the judge may allow the complainant access to the necessary resources to pay salaries, other labor obligations, alimony, tax or mortgage loans, and to ensure their subsistence and that of their alimony creditors. This is once such obligations have been duly shown.

In any case, the provisional suspension of these acts shall be prohibited.

Now, suspension will also be inadmissible when it is intended to prevent or hinder the authority from obtaining or sharing financial information that is considered useful for the prevention and detection of money laundering operations.

With regard to suspension in criminal matters, the reform emphasized that the suspension issued against an arrest warrant, re-arrest, or a precautionary measure involving deprivation of liberty will not prevent the restriction of the complainant’s liberty, but that liberty will remain at the disposal of the amparo judge while the criminal proceedings continue, which in most cases leads to the dismissal of the amparo proceedings.

The reform also established a period of five days for the complainant to present the guarantee in cases involving acts that affect personal liberty. Previously, this period was left to the discretion of the judge.

The reform came into force the day after its publication and will apply even to ongoing trials unless one of the parties has previously acquired a procedural right. This provision, therefore, requires a case-by-case analysis to determine whether or not the reform is applicable.