Marco evolutivo y situación general de la prisión preventiva en México
In general, Latin America has had serious problems with the detention of persons awaiting trial, which represented more than 68% of prisoners in the eighties and currently in our country rounds about 40%. The violations of the human rights of these detainees are manifest; as the pretrial detention,...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6622385 |
| Source: | Dikê: Revista de Investigación en Derecho, Criminología y Consultoría Jurídica, ISSN 1870-6924, Nº. 19, 2016, pags. 5-27 |
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| Summary: |
In general, Latin America has had serious problems
with the detention of persons awaiting trial,
which represented more than 68% of prisoners in
the eighties and currently in our country rounds
about 40%. The violations of the human rights
of these detainees are manifest; as the pretrial
detention, by its generality and duration, is a sort
of punishment in advance, contrary to its nature
as a precautionary measure.
This article makes an analysis of pretrial detention
in Mexico, starting with the established
paradigm on the basis of the Constitution of 1917
and the new one that derives from the constitutional
reform of June 2008, which for the first
time establishes its subsidiary and exceptional
character. The author believes that these reforms
can contribute significantly to reduce pretrial detention
in our country in the medium term, as it
is evidenced by the development of penal reform
in Latin America and the current emerging followup
studies of Criminal transformation in Mexico.
It is concluded that the European experience has
demonstrated that it is feasible to achieve significant
reductions between 10 and 20% of prisoners
in preventive detention and to those standards it
should be aimed. |
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