Prisión preventiva: necesidad o abuso en su aplicación

Abstract

When we say that the criminal process is an accumulation of guarantees, we must understand that such warranties do not apply only to processing, but they are also necessary for the victim, pre-trial detention is precisely one of the guarantees which allows you to make effective judicial protection, since on the one hand it offers the real and effective completion of the criminal proceedings and on the other hand allows you to know the truth of the facts , which not allow impunity for the crimes; This statement is the main focus of this investigative work, coming to the conclusion that the pre-trial detention as a precautionary procedure is totally necessary and justified within criminal proceedings, whenever that whereas judgments convictions and acquittals in the case study, there has been an abuse in its application, clear that to arrange it the judge should observe each of the expected parameters in the law, otherwise their application would be arbitrary.