I just read about murderer Jean Luis Valdez being sentenced to one year of preventive custody. This is the second time in recent memory that I've read here of such a sentence for a murderer. It sounds like a light sentence for murder. I am assuming that since there hasn't been a trial that preventive custody is like being held over for trial without bail in the USA, but would like to hear an explanation from anyone who really knows.
- Thread starter wuarhat
- Start date
preventive custody
The new code of criminal procedure made preventive custody the exception, the rule being that a suspect will not be put in jail until a guilty verdict is pronounced (Art. 222) since he or she is presumed innocent until then.
Preventive custody may be ordered by a judge if there are sufficient elements that make it likely that the person has committed a crime, and that he or she may hide or flee ('existen elementos suficientes para sostener, razonablemente, que es autor o c?mplice de una infracci?n, que puede ocultarse, fugarse o ausentarse del lugar") (Art. 225).
The system is, in my opinion, more liberal than in the U.S.
Preventive custody may be ordered by a judge if there are sufficient elements that make it likely that the person has committed a crime, and that he or she may hide or flee ('existen elementos suficientes para sostener, razonablemente, que es autor o c?mplice de una infracci?n, que puede ocultarse, fugarse o ausentarse del lugar") (Art. 225).
The system is, in my opinion, more liberal than in the U.S.
