What is the deadline for pre -trial detention?

Preventive arrest is a precautionary measure of a criminal procedural nature that aims to ensure public order, criminal instruction and the application of criminal law. It can be decreed during the course of criminal proceedings, even before the definitive conviction of the accused.

However, it is important to emphasize that pre -trial detention cannot be used as an anticipation of the penalty, ie it cannot be applied as a form of early punishment to the accused. It should be decreed only when present the legal requirements that justify your need.

Preventive Prison Deadline

The period of pre -trial detention varies according to the legislation of each country. In Brazil, for example, the maximum period of duration of pre -trial detention is 81 days, as established in article 316 of the Code of Criminal Procedure.

However, it is important to highlight that this period may be extended in exceptional cases, provided that it is duly substantiated by the judge responsible for the case. In addition, pre -trial detention can also be revoked at any time if the requirements that justify its maintenance are no longer present.

Requirements for decree of pre -trial detention

For the pre -trial detention to be decreed, the following requirements must be present:

1. Founded evidence of authorship or participation of the accused in the crime;
2. Proof of the existence of crime;
3. sufficient evidence that the accused can disrupt the criminal instruction;
4. Concrete danger of the accused;
5. Concrete danger of criminal reiteration.

It is important to emphasize that pre -trial detention should always be an exceptional measure and should be applied only when it is not possible to adopt less serious precautionary measures.

Conclusion

Preventive arrest is a precautionary measure of a criminal procedural nature that aims to ensure public order, criminal instruction and the application of criminal law. Its maximum term varies according to the legislation of each country, being 81 days in Brazil. However, it is important to highlight that this period may be extended in exceptional cases, provided that it is duly substantiated by the judge responsible for the case. Preventive arrest should always be an exceptional measure and should be applied only when it is not possible to adopt less serious precautionary measures.