Aplicación de la prisión preventiva y su prolongación

Abstract

The current research work aims to determine whether preventive detention and its extension are currently being applied under strict compliance with the regulations (Articles 268º and 274º of the CPP) by those involved (Public Ministry – Judiciary), without violating fundamental rights of the accused, for this; The basic descriptive level research methodology with a qualitative approach was also used; It has a research design based on thematic analysis, the interview guide, documentary guide, magazines and research papers were used as tools. The result has been that preventive detention and its extension are being applied as an early sentence and due to political or media pressure or extensive interpretations of the established budgets. It is concluded that its application violates fundamental rights such as the right to freedom, presumption of innocence, to be tried within a reasonable time and that it has lost its exceptional nature.