Medidas alternativas a la prisión preventiva: Posibilidades de implementación de los servicios de antelación al juicio en la provincia de catamarca
The study starts from the analysis of the excessive use of pretrial detention, establishing that automatic incarceration is adopted in the absence of knowledge of the personal circumstances of the accused. The non-existence of a reliable system for collecting and verifying data on detainees, and the...
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| Formato: | text (thesis) |
| Lenguaje: | spa |
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Universidad de Mendoza (Chile)
2020
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| Acceso en línea: | https://dialnet.unirioja.es/servlet/oaites?codigo=284346 |
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| Sumario: | The study starts from the analysis of the excessive use of pretrial detention, establishing that automatic incarceration is adopted in the absence of knowledge of the personal circumstances of the accused. The non-existence of a reliable system for collecting and verifying data on detainees, and the absence of an effective supervision system, discourages the use of alternative measures to confinement, for fear of functional and social responsibility derived from non-compliance with the conditional pretrial release, impacting the principle of innocence. The Pretrial Services are professional, independent and impartial bodies that provide the court and the parties with verified information about the accused, which allows them to foresee their conduct to decide their release and exercise the necessary supervision so that the obligation to appear is not breached, do not escape or commit a new crime, avoiding unnecessary confinement and humanizing the criminal process. International human rights law is analyzed, which promotes the exceptional use of preventive detention and establishes the standards for the restriction of liberty, forcing the States parties to develop systems to make informed decisions that reduce the excessive use of precautionary confinement. Its reception by Argentine federal and local legislation is analyzed. The quantitative and qualitative empirical exploratory study identifies how the practice in the province of Catamarca decides the massive use of deprivation of liberty, based on abstract criteria and very low-quality information, with non-observance of international standards. A solution is proposed through the exhaustive analysis of the US institute of pretrial services, whose positive impact brings the practice of criminal justice systems closer to the ideal of normative principles of international human rights law. It shows how it is possible to implement a model of pretrial services, in an environment of regulatory and other restrictions, which help to improve the situation, proposing a specific model to be implemented progressively. |
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