In criminal proceedings are held before the final judgment, limitations of rights for preventive purposes. These restrictive measures are called precautionary measures. This thesis proposes a general theory for these acts: Based on the principle of necessity and the object of criminal proceedings, submits that those measures are justified by the existence of one or more risks for the valid performance of the process and the dangerousness of the defendant. The theory includes determining the basis for punitive preventive measures, materials and formal adoption requirements and the requirement of proportionality. It also proposes a methodology for practical application of theory and criteria to limit the use of remand. It addresses the analysis of the presumption of innocence as a rule of treatment, deriving their theoretical and practical virtuality in criminal proceedings
© 2001-2024 Fundación Dialnet · Todos los derechos reservados