Definition of Pretrial Detention

Pretrial detention, also known as provisional prison, is a caution that can be arranged by the Justice and that consists of the incarceration of an individual who is being investigated for his alleged participation in an illicit despite not having been subjected to trial and being found guilty.

The accused is then sent to prison until the trial arrives and in this the guilt or innocence of him is settled.
The immediate consequence will be that the accused is totally deprived of his Liberty although he has not been convicted for the cause in which he is accused.

Normally when exists danger escape 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 measure of prevention, 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 risk escape and obstruction of the investigation, preventive detention is issued.

It should be noted that preventive detention is a judicial measure that is usually used in the very last instances and in those cases that are considered extreme, because before this, considered an extreme judicial resource, the payment of a bail or, failing that, the house arrest of the accused.

Therefore, when there is too much evidence that the accused commits actions extremes that complicate the case in which he is involved is that justice will decide to apply this measure precautionary.

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 a institution which is part of the judicial system, locks up 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.