La detención preventiva y la prohibición de sustitución preventiva: artículos 199 del Código de la Infancia y la Adolescencia y 314 del Código de Procedimiento Penal

Abstract

The right to freedom and its exceptions have been reformed on several occasions, since its enactment in 2004. The following study analyzes two main norms on this matter, introduced by such reforms: the first one is the regulation on pre-trial detention regarding sexual violence against children; the second is the prohibition of substitution of pre-trial detention. This article intends to argue, supported with field research that these norms are against the principles on which pretrial detention is founded, as they privilege the use of this instrument, and restrain the discretionality given to the judge in an adversarial criminal system.