1. The investigating judge or court may exceptionally agree, by means of a reasoned resolution, incommunicado detention or imprisonment when any of the following circumstances occur:
a) urgent need to avoid serious consequences that may endanger the life, liberty or physical integrity of a person, or
b) urgent need for immediate action by the investigating judges to avoid seriously compromising the criminal process.
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2. The solitary confinement will last for the time strictly necessary to urgently carry out measures aimed at avoiding the dangers referred to in the previous section. The solitary confinement may not be extended beyond five days. In the cases in which the prison is agreed upon for any of the crimes referred to in article 384 bis or other crimes committed jointly and in an organized manner by two or more people, solitary confinement may be extended for another period not exceeding five days.
3. The order in which solitary confinement is agreed or, where appropriate, its extension must state the reasons why the measure has been adopted.
4. Under no circumstances may minors under sixteen years of age be subject to incommunicado detention.
art 509 lecrim
- Criminal Procedure Law
- Book II. Of the summary
- Title VI. Of the summons, the arrest and the provisional prison