1. The provisional prison It will last the time necessary to achieve any of the purposes set forth in the previous article and as long as the reasons that justified its adoption subsist.
2. When provisional detention has been ordered pursuant to the provisions of paragraphs a) or c) of section 1.3 or in section 2 of the previous article, its duration may not exceed one year if the crime has a custodial sentence. of freedom equal to or less than three years, or two years if the custodial sentence indicated for the crime was greater than three years. However, when circumstances arise that indicate that the case cannot be tried within those deadlines, the judge or court may, in the terms provided in article 505, agree by order to a single extension of up to two years if the crime has been identified. imprisonment of more than three years, or up to six months if the crime carries a penalty of three years or less.
If the person investigated or prosecuted is convicted, the provisional detention may be extended up to the limit of half of the sentence actually imposed in the sentence, when it has been appealed.
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3. When provisional detention has been agreed upon in accordance with the provisions of section 1.3. b) of the previous article, its duration may not exceed six months.
However, when incommunicado imprisonment or secrecy of the summaryIf, before the period established in the previous paragraph, the incommunicado or secrecy is lifted, the judge or court will have to justify the subsistence of the pretrial detention budget.
4. The granting of freedom due to the expiration of the maximum terms for provisional detention will not prevent it from being granted in the event that the person investigated or prosecuted, without legitimate reason, fails to appear at any call from the judge or court.
5. To calculate the deadlines established in this article, the time that the investigated or accused person has been detained or subjected to provisional detention for the same cause will be taken into account.
will be excluded, without embargo, of that calculation the time in which the case suffers delays not attributable to the Administration of Justice.
6. When the agreed provisional detention measure exceeds two thirds of its maximum duration, the judge or court hearing the case and the public prosecutor's office will respectively communicate this circumstance to the president of the government chamber and the chief prosecutor of the court. corresponding court, with the aim of adopting the necessary measures to give maximum speed to the proceedings. For these purposes, the processing of the procedure will enjoy preference over all others.
art 504 lecrim
- Criminal Procedure Law
- Book II. From the summary
- Title VI. Of the summons, of the detention and of the provisional prison