La fundamentación y la motivación como habilitantes de la prisión preventiva
The objective was to analyze the right to freedom and the presumption of innocence so as to allow the rationalization of the use of this criminal precautionary mechanism requested by the prosecution and authorized by the judges of criminal guarantees, with emphasis on the Right to physical freedom a...
Saved in:
| Main Authors: | , , , |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2020
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7408539 |
| Source: | Iustitia Socialis: Revista Arbitrada de Ciencias Jurídicas y Criminalísticas, ISSN 2542-3371, Vol. 5, Nº. 8, 2020, pags. 465-492 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The objective was to analyze the right to freedom and the presumption of innocence so as to allow the rationalization of the use of this criminal precautionary mechanism requested by the prosecution and authorized by the judges of criminal guarantees, with emphasis on the Right to physical freedom and presumption of the constitutional state of innocence. Scientific research methods are based on the qualitative model, underpinned by techniques such as analysis and bibliographic synthesis, in the same historical way and deductive inductive logic. From the foregoing it is concluded that despite the national and international normative, doctrinal and jurisprudential progress in this matter, there is still an imbalance in its use, which entails legal consequences that violate essential rights such as physical freedom and the constitutional state of innocence. |
|---|