Preventive detention in Mexico can be classified as either justified or automatic. Justified preventive detention is applied when there is a significant risk of flight or obstruction of justice, while automatic preventive detention is mandated for specific offenses. The practice of preventive detention has sparked considerable debate, with concerns regarding its excessive use and potential violations of individual rights. Critics argue that it often leads to prolonged periods of detention without trial, undermining the presumption of innocence. Legal reforms are being discussed to ensure that preventive detention is utilized appropriately and sparingly, maintaining a balance between public safety and individual freedoms.

