Análisis de la práctica jurídica de la prisión preventiva frente al control de convencionalidad y constitucionalidad

Abstract

Pre-trial detention has become the most serious personal precautionary measure applied in criminal proceedings, whose purpose is to deprive a person of their liberty when he or she is being prosecuted or investigated for the commission of a crime and does not have a final conviction. Its application is justified as a safeguard to the future fulfillment of a sentence and the appearance of a prosecuted subject at trial, but who still maintains his legal status of innocence, so that preventive detention should not be considered a ruling of guilt. However, excessive use is made of this personal precautionary measure, in disregard of principles that emanate from the law, constitution, and international human rights treaties.