Análisis la prisión preventiva como recurso de última ratio en el contexto de la pandemia ocasionada por la enfermedad del Covid-19 o Sars.Cov-2 y la implementación de medidas sustitutivas

Abstract

Pretrial detention is a precautionary measure in criminal law whose application should be exceptional in the face of the insufficiency of other measures and its justified necessity. However, the law does not consider how it should be treated in the case of petty crimes, so-called because of their slight transgression caused to a protected legal right, and even less, its management in cases such as the current world health crisis caused by the Covid-19 pandemic.

This research was based on: the study of this type of crime, the in-depth analysis of pretrial detention, the rights violated by the improper application of this precautionary measure, and the relationship of these aspects in the context of the current global health crisis, to obtain the theoretical basis for this research and thus to determine how the application of pretrial detention in petty crimes constitutes an imminent risk to the life and health of people who are immersed in criminal proceedings and of persons deprived of their liberty. In the context of the SARS-CoV-2 COVID19 health crisis.