La prisión preventiva, no garantiza la presunción de inocencia del procesado

Abstract

The development of this thesis is based on an analysis on what to do with the detention as a measure of a personal nature, it does not guarantee the presumption of innocence of a processed or accused in a criminal offense, in accordance with the available to paragraph 2 of Article 76 of our Constitution. Within the administration of justice in criminal matters, to be processed at a person, you must be enforced with the guarantees of due process, but it turns out to be issued remand, those who administer justice immediately violate the presumption of innocence enjoyed by persons prosecuted. Preventive detention is a precautionary measure personal, is applied as the last option you have the judges to ensure the appearance of the accused at different trial proceedings, and the enforcement of the penalty imposed by the judges, so just ended the presumption of innocence, a fact that in our legislation is only in statements and applies neither practiced in respect of the rights enshrined in our Constitution.