The prison provisional it is a temporary personal preventive measure that involves placing a person under investigation in prison while the criminal process continues until trial.
Preventive detention is the temporary detention of a person who is being investigated pending trial.
It is subject to Section 502 of the LECrim and must be made by a reasonable decision of a court as long as certain conditions are met. In this article we will tell you everything related to the prison provisional.
Who can issue the provisional prison sentence?
1. The judge, the conciliation judge, the conciliation judge, as well as the judge or criminal court hearing the case, may order temporary detention.
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2 – Preventive detention will be applied only when it is considered objectively necessary, in accordance with the provisions of the following articles, and when there is no other less restrictive measure in this regard.
Freedom makes it possible to achieve goals that are more similar to those of pretrial detention or provisional.
3. When applying preventive detention, the judge or court must take into account the consequences that the defendant, taking into account their circumstances and the facts of the case.
4. Preventive detention will not be admitted in all cases in which the investigations can reasonably infer that the conduct did not constitute a crime or was committed for a legitimate reason.
How long can provisional detention last?
According to the general principle, the imprisonment will last temporarily until the final judgment of the judicial process occurs, or it will be extinguished if it is at a certain time that the cause of the imprisonment temporarily disappears.
Without embargo, there is a maximum time of the deadline established by law. If the goal is to avoid any flight or criminal.
Prison time may not be greater than: 1 year for offenders with free penalty for or less than 3 years up to 6 months.
2 years If the penalty corresponds to the actual crime for more than 3 years, it can be extended up to 2 years.
On the other hand, when the objective is to avoid the destruction of evidence, it may not be longer than 6 months without scalability.
1. The prison prison will extend the time necessary to achieve one of the objectives in the previous article, and as long as the reasons justify your request.
2. When the prison has been temporarily determined in accordance with what is provided in paragraph (a) 2 of the previous article.
Your due date cannot exceed one year if the criminal shows that the item is freely produced in or less than three years or two years if the criminal trial is important for three years.
However, where the cases agree that the case cannot be assessed on these terms, the judge or court may, in accordance with the conditions set out in the Article 505.
Agree to use a single maximum extension up to two years if the criminal has been assigned a release of three years or up to six months if the criminals are in hardship for less than three years.
If you have been convicted about the investigation or injury, the imprisonment can be temporarily extended to the limit of half the number of effects that are applied effectively, when called.
3. When imprisonment is temporarily agreed in accordance with the provisions of Section 1.3. (B) Previous article, its deadline no more than six months.
Requirements for Provisional Arrest
The requirements for prison provisional are in the article 503 of the Criminal Procedure Law.
Therefore, it is conceivable that for a judge to deprive a person of his freedom despite his presumption of innocence, the following conditions must be met:
Committing an offense that carries a maximum penalty of two years in prison or more (possibly less than two years if the accused has criminal record). A clear indication that the person investigated is the author of this crime.
The aim should be to avoid the risk of the suspect committing other crimes (as long as it is a intentional crime), destroy evidence or secure the defendant's assistance in the process.
This measure must be strictly necessary, that is, other less dangerous precautions (such as house arrest or easement) to ensure the objectives set.