Preventive detention, also known as provisional prison, is a caution that can be ordered by justice and that consists of the imprisonment of an individual who is being investigated for his alleged participation in an offense despite not having been subjected to trial and being found guilty.
The accused is then sent to prison until the trial arrives and his guilt or innocence is settled.
The immediate consequence will be that the accused is totally deprived of his liberty even if he has not been convicted for the cause in which he is incriminated.
Normally when there is a risk of flight or obstruction of the judicial process On the part of the accused, the justice decides to dictate preventive detention, that is, preventive detention is basically a preventive measure, because in this way the suspect can be controlled and, as we said, prevent him from escaping or taking any action that affects the investigation, for example, attacking a decisive witness in the case, destroying some decisive evidence, among others.
And also when there is irrefutable evidence about guilt and to this is added that there is a risk of flight and of obstruction of the investigation, preventive detention is issued.
It should be noted that preventive detention is a judicial measure that is usually used in very last instances and in those cases that are considered extreme, because before it, considered an extreme judicial resource, the payment of a bond or, failing that, arrest can be applied. domicile of the accused.
Therefore, when there is too much evidence that the defendant commits extreme actions that complicate the cause in which he is involved, the justice will decide to apply this precautionary measure.
Meanwhile, jail or prison turns out to be the place where the accused and affected by preventive detention will be deposited. The prison, which is an institution that is part of the judicial system, holds prisoners and also problematic defendants who await the resolution of their cases. The mission of the prison is to deprive of liberty and isolate the accused from society.
