Pretrial Detention and Precautionary Measures
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Description

The criminal procedure reform represented a significant change in the personal protective measures system both in terms of its regulatory design and the move away from the idea of pretrial detention as the general rule or automatic consequence of the process. Under this new logic, reformed systems require material evidence regarding the existence of a crime and the participation of the accused in it in order for pretrial detention to be used. They also require a need for protection or a procedural danger worth protecting. The objective of the new criminal procedure systems is to guarantee the use of oral trial and its consequences. As such, pretrial detention was to have an exceptional characteristic that was proportional to the procedural risks of the specific case. The studies carried out as part of this line of work are focused on researching the situation in reformed countries prior to the implementation of the new system, the implementation process and its impact on pretrial detention, counter-reforms and relevant perspectives.

 

Objetives

  • To describe changes in the regulation of pretrial detention during the criminal procedure reform process;
  • To explore the real impact that the change in the procedural system has had on the use of pretrial detention;
  • To describe the developments that have taken place in the area of pretrial detention in the region based on empirical data;
  • To identify key aspects to be worked on in regard to pretrial detention in order to rationalize its use.

 

Participants

Comparative Study

  • Mauricio Duce, JSCA Programs Director and Law Professor at Universidad Diego Portales in Santiago, Chile
  •  Claudio Fuentes, JSCA staff attorney and Law Professor at Universidad Diego Portales in Santiago, Chile
  •  Cristian Riego, Executive Director of JSCA and Law Professor at Universidad Diego Portales in Santiago, Chile

Bolivia

  •  Leticia Lorenzo, JSCA Research Director

Chile

  •  Mauricio Duce, JSCA Programs Director and Law Professor at Universidad Diego Portales in Santiago, Chile
  •  Cristian Riego, Executive Director of JSCA and Law Professor at Universidad Diego Portales in Santiago, Chile

Colombia

  • Mildred Hartmann Arboleda. Colombian attorney with a law degree from Universidad del Rosario and a master’s degree in Criminal Law and Criminal Procedure from Universidad Diego Portales in Santiago de Chile. She co-wrote the Criminal Procedure Code bill that introduced the adversarial system in Colombia and subsequently served as Program Director at JSCA. She works as a consultant in Colombia for the Center, teaches at Universidad de los Andes in Bogotá and works as a litigator and researcher.
  • Wilson Alejandro Martínez Sánchez. Colombian attorney with a degree from the Case Law School at Universidad Colegio Mayor de Nuestra Señora del Rosario. Wilson specializes in Criminal Investigation (EGSAN). He has completed a course on Market Operations (CESA, INCOLDA, BVC) and a certificate program in Advanced Studies in Criminal Law and the Criminal Sciences (Universidad Pompeu Fabra and Universidad de Barcelona). He has been a scholarship recipient, instructor and Coordinator of the Criminal Law Area at the Case Law School at Universidad Colegio Mayor de Nuestra Señora del Rosario.

Ecuador

  • Diego Zalamea León. Ecuadorean, magíster in Criminology from Universidad del País Vasco. Director of the Witness Protection Program and National Criminal Policy Director for the Public Prosecutor’s Office. Author of various institutional management frameworks for the oral system. Consultant on World Bank, JSCA and USAID projects. Coordinator of the Association of University Law Schools.

Guatemala

  • Institute for Comparative Studies in the Criminal Sciences of Guatemala
  •  Luis R. Ramírez García
  •  Oswaldo Samayoa (assistant)

Honduras

  • Erick Juárez, Leade researcher, law professor
  •  Oswaldo Samayoa (assistant)

Venezuela

  • Carmen Alguindigue, Professor, Universidad Metropolitana, Caracas
  •  Rogelio Pérez Perdomo, Professor, Universidad Metropolitana, Caracas

Guidelines, Reports

Tools used to generate the report (Document in spanish)

 

 

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