Of the requirements of preventive prison and the application of diverse cautionary prison measure

Abstract

Pretrial detention is currently the usual precautionary measure to preserve the inves tigation or procedural instruction. However, with the reforms introduced by law 12,403 / 2011, the arrest assumed an exceptional character, and should be decreed only in cases of demonstrated necessity and not be an alternative alternative to arrest. Although the law has been in force for three years, preventive detention is ordered when the requirements of Article 312 of the Criminal Procedure Code are present, without first examining the possibility of imposing different measu res. It should be emphasized that, when absences from pre-trial detention requirements, no other precautionary measure other than imprisonment should be imposed, since they can not be imposed without their necessity being demonstrated.