Copyright (c) 2025 José Agustín Chan Camarena
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For approximately 30 years, travelers have been required to fill out a form declaring the goods they carry with them, when entering or leaving the national territory. However, it has been almost 14 years since the crime of forgery or omission in the Traveler's Affidavit was typified in criminal legislation.
That said, we find a collision between the criminal and administrative jurisdictions, taking into account that the Traveler's Affidavit form, provided by the National Customs Authority, maintains the mandatory declaration of certain goods listed in its contents, which have certain inconsistencies with those that are described within the criminal category of Article 375-A.
If the criminal law is applied to the traveler who conceals in his declaration, goods that are detailed in the customs form, but that are not part of the list provided by the aforementioned criminal type, would the principle of legality be violated, and consequently, the prohibition of analogy? Through this work, we intend to provide a legal answer to these questions
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