How long preventive detention lasts? | Estudio DE ACHA
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About the duration of preventive detention


preventive detention

Based on Argentine law, the following information may not be applicable in your country.

Article about the duration of preventive detention

How long can preventive detention last?

Preventive detention is an exceptional coercive measure that must be applied if the accused may hinder the investigation or there is a flight risk. The obstruction of the investigation consists of conditioning the obtaining of the material truth by the judges. One of the most common ways to hinder the investigation is the harassment of witnesses. Regarding the danger of flight, it may be due mainly to the lack of roots or to the expected punishment, that is, the fear of being imprisoned for many years. The duration of preventive detention in Argentina is in principle two years and can be extended for one more year, although the courts do not agree and decide to extend it for longer because there is a risk of escape. Special care must be taken in the treatment of preventive detention since it is considered an advancement of the sentence even when the accused is not effectively convicted and his condition is innocent.

Where is preventive detention served?

Preventive detention is carried out as its name indicates in prison, in colloquial language, behind bars in a common prison where the accused lives with people who have already been convicted of crimes of different severity. Although some prison facilities separate people based on their behavior, this is not always the case. It is important to highlight that the resolution that determines preventive detention is appealable; a lawyer can request that said determination be reviewed. For this, there are peremptory deadlines and action must be taken at the appropriate time. It is highly recommended that you hire an attorney if you find yourself in this situation.
If you need a lawyer for this matter, contact our law firm.

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