La naturaleza indeterminada de la orden de detención con fines investigativos.

Abstract

It is a recurrent practice that the authorisation of an arrest warrant for investigative purposes is similar to the procedure for urgent actions, despite the fact that it is classified as a precautionary measure. This raises the question of the present research, which seeks to answer whether this legal figure is correctly determined in our Organic Integral Penal Code. To this end, an analysis of the legal nature of the arrest warrant for investigative purposes has been carried out in order to establish whether it is compatible with the precautionary measures. This observation has addressed each of the elements of the figure, resulting in the conclusion that detention for investigative purposes does not conform to the of precautionary measures. In the same way, it was concluded that the procedural effects of this improper determination are the lack of verification of the voluntary appearance and the violation of the right to due process, specifically the right to an adequate defence.