It is regulated in articles 502 to 519 of the Criminal Procedure Act (LECrim). This measure collides with several principles and regulations, on the one hand with the presumption of innocence , enshrined in article 24 of the Constitution and clashes with the right to effective judicial protection and the need to prosecute crime, also known as social alarm (citizens' demands for security and justice).
If you find yourself under investigation in a criminal proceeding and provisional list of contact numbers in philippines imprisonment is agreed as a precautionary measure, it is best to seek professional advice, such as a criminal lawyer in Mallorca , who will be responsible for ensuring your safety at all times and appealing the decision in the event that the requirements are not met or it is a disproportionate measure.
In order to adopt provisional imprisonment, a series of principles must be taken into account:
Principle of legality: it must be provided for by law. This measure affects fundamental rights, so it must be duly regulated.
Principle of jurisdiction: it must be adopted by a competent judge and within the procedural framework
Principle of exceptionality : the application of this measure must be the exception, since the general rule is freedom. It will only be adopted when necessary.
Principle of proportionality : the measure must be proportionate, that is, the measure must be appropriate in light of the objectives to be achieved and necessary. This is a strict proportionality.
Requirements
Article 503 of the Criminal Procedure Act regulates the requirements for provisional imprisonment.
Appearance of good law, “fumus boni iuris”: that there is evidence of the existence of one or more facts that have the characteristics of a crime punishable by a prison sentence of two years or more. Or that the prison sentence is less if the person under investigation has a criminal record resulting from an intentional crime.
Existence of a reasonable appearance of culpable participation in a criminal act. That is, there are sufficient grounds to believe the person is criminally responsible.
That through provisional imprisonment certain objectives are achieved, which we explain below.
Finnish
Following the amendment of Organic Law 13/2003, of 24 October, reforming the Criminal Procedure Act on provisional imprisonment, according to the doctrine of the Constitutional Court, provisional imprisonment can only be decreed when it pursues one of the following purposes (article 503.3 LECrim):
Risk of flight . Ensuring the presence of the suspect, thus avoiding the risk of flight and thus preventing him from being placed beyond the reach of justice.
Prevent the person under investigation from manipulating, hiding or destroying evidence .
Prevent the victim from acting against his or her legal assets , especially when the victim is one of the persons referred to in Article 173.2 of the Criminal Code.
Avoiding repeat offences is based on reasons of dangerousness.
Procedure
Article 505 of the Criminal Procedure Act regulates the procedure to be followed to adopt this measure.
Provisional imprisonment may only be ordered by the competent judicial authority. During the preliminary proceedings or the summary, the Examining Magistrate may order it. Once the oral trial has begun, it will be the Criminal Judge or court that may order it. In the event of an appeal, the Court or Court that heard the case will continue to have jurisdiction.
Appearance : requirement of the accusatory and contradictory principles , the request of the Public Prosecutor or of some accusing party is required for the judge to order imprisonment. If the judge considers that the conditions for adopting the measure exist, with the person under investigation at liberty, he may order it ex officio, but must convene the appropriate appearance within the following seventy-two hours. It is necessary that some accusing party requests the measure, otherwise the judge must revoke it and agree to the release of the alleged responsible party.