La excesiva aplicación de las medidas alternativas a la prisión preventiva en perjuicio del derecho a la reparación integral de las víctimas

Abstract

This research work includes a detailed study of the alternative measures to pretrial detention and the social repercussions of its implementation by the administration of justice to the detriment of the victims of a criminal act, who show a state of defenselessness and violation of the Constitutional Right to legal security. For this reason, the objective of this investigation is to specify that preventive detention would become the only precautionary measure that would guarantee the effectiveness of true procedural development, in which the Criminal Trial Judges would guarantee that if the defendant is found guilty, the sentence will be effectively carried out, as well as the enforceability of full reparations in favor of the victim, giving them the confidence that the administration of justice will ensure their rights are protected and repaired. To this end, factual, legal, constitutional, and doctrinal foundations are set forth to support the feasibility and constitutionality of achieving the objectives that criminal law essentially pursues, such as social peace and the full restoration of the victim's rights