La necesidad de la prisión preventiva en un esquema garantista.

Abstract

Preventive detention, within the criminal system, is the most effective of the tools that judges have when it comes to ensuring the appearance of the defendant in court, and is also classified as the tool that the judge would apply at last moment. However, it is in the same way, the most serious, because the deprivation of liberty is put at stake before the accused. To omit any doubt at the time of application of said measure, it will be necessary to carry out an exhaustive examination according to the particular case to apply said measure to the prosecuted, also respecting the purposes contemplated by this legal figure. Now, in these cases the following question arises, would the legal figure of pretrial detention be contradicted by the principle of innocence? There are, therefore, other interests that could justify their existence, which encompass even the most elementary mission of law, which is to do justice.