What is Preventive Prision according to Spanish Law?


Preventive prision (it could also be translated as pretrial detention/prision) is a precautionary measure that implies one of the most serious forms of acting on the freedom of the human being.


Said measure is adopted by the Judicial body when it is understood that the concurrent circumstances in the specific case do not allow the adoption of other less burdensome measures, such as the obligation to appear in court.


This pre-trial detention is agreed after holding a hearing in which, in addition to the Judge and the Prosecutor, the defense attorney is present. At this hearing, each of the parties sets out their arguments and explains whether or not the circumstances provided for in article 505 of the Criminal Procedure Law (LECrim) occur in the case at stake.


In this way, preventive detention/prision prevents the suspect from escaping before trial and guarantees that the accused does not interfere in the judicial investigation of the crime by stealing or manipulating possible evidence and thus altering the criminal procedure.

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