Provisional Prison and Preventive Prison


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Provisional Prison and Preventive Prison

In order to answer the questions that are most commonly asked of us in relation to the PROVISIONAL PRISON and PREVENTIVE PRISON institutions, we rely on the comments and clarifications of two of THE MOST RECOGNIZED CRIMINAL LAWYERS IN SPAIN, MANUEL and JAVIER RINCÓN BERNAL, directors of RINBER ABOGADOS, prestigious criminal lawyers and famous for having one of the highest rates of victories, after obtaining the provisional release with or without bail, for your clients.

In fact, they are claimed from all points of the national geography, to take charge of criminal matters, in which initially, the client is in provisional detention or preventive detention.

the fame of these CRIMINAL LAWYERS, we do not give it to you. In order to verify the veracity of what we are telling you, we provide you with the following newspaper links: “MEET THE BEST CRIMINAL LAWYERS IN SPAIN DE 2.020”, from the Galician newspaper, or also, “TELEVISION CHANNELS MAKE CRIMINAL LAWYERS FASHIONABLE”, from worldwide. 

Provisional and/or preventive detention is legally regulated in the criminal procedure law, in case you want to consult it, we leave you this link.  

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The issues or questions that, in relation to the topic that we are raising today to the specialists in provisional liberties are the following: 


The first thing we have to say is that provisional detention is an exceptional measure that a judge has to take against a specific person in view of the concurrence of indications or evidence, of the commission, by him, of a crime considered serious. . It is a measure limiting fundamental rights and cannot be taken into consideration lightly, affirms the specialist in provisional liberties MANUEL RINCÓN. 

Provisional Prison and Preventive Prison


The requirements for a judge to be able to order a person's preventive detention, or provisional detention, are simple, and are legally established. In the first place, there must be a guilty perpetrator of allegedly criminal acts.

Secondly, in addition to a person responsible for some criminal acts, it must be considered that imprisonment is necessary, and finally, this decision must be motivated by the fact of the risk of escape or criminal reiteration. It is here, where the lawyer has to put "the meat on the grill" so that the Judge decides the provisional release of his client. 

How long can provisional detention last?

In principle, provisional detention will be maintained as long as the reasoning that has led that person to prison is maintained. The job of the lawyer, (says MANUEL RINCÓN, a lawyer specializing in obtaining freedoms), is to demonstrate to the judge that it is more beneficial to keep that person free. Depending on the penalty that the crime in question may entail, provisional prison can last a year or two, which can then be extended. 

What is the maximum term of provisional detention?

The maximum term to keep a person in pretrial detention is legally set at two years, plus completed, or about to meet that term, it is also legally established, which is called the extension of pretrial detention, which must be a exceptional measure. As JAVIER RINCÓN affirms, criminal lawyer, the lawyer is responsible for transferring to the judge, that the provisional detention situation can be modified by other precautionary measures, less burdensome for his client. 

Who can request provisional detention?

Normally it is the accusations that request from the investigating judge the adoption of the precautionary measure of provisional detention or preventive detention in front of the investigated. Prosecutor's Office, private prosecution, popular prosecution or state attorney, are the procedural parties that can request it.  

What does pretrial detention without bail mean?

Provisional detention without bail is the most serious precautionary measure of a personal nature that can be adopted at the headquarters of a judicial process, of a criminal nature, against a person, before the issuance of a conviction, which logically, is likely to be removed or modified, via appeal, as stated by JAVIER RINCÓN, a lawyer specializing in this type of issue. 

What is a provisional detention?

Provisional detention is another of the deprivation of rights mechanisms, of a personal nature, which is normally put into practice, either by the police (state security forces and bodies), or by the judge who hears a criminal act.

When can you request provisional release?

As soon as the entry into pretrial detention is agreed by the examining magistrate, by means of an order, an appeal for reform and/or subsidiary appeal may be filed before it. However, they tell us from RINBER ABOGADOS, specialists in obtaining provisional liberties, it is necessary to carefully measure the resources, and not raise them for the sake of raising them. You must wait for the opportune moment and with the necessary documents, so that the request for release is successful, and not just another procedure. 

What is pretrial detention?

Preventive detention is a precautionary measure of a personal nature, which is agreed against a person, immersed in a criminal judicial proceeding, for meeting a series of requirements, which advise their entry into prison. That is the good work of the lawyer. Converting a preventive detention resolution into a provisional release resolution, says JAVIER RINCÓN, an expert on these issues. 

How long can a person be in pretrial detention?

We have commented on it in one of the questions raised, a little above. From a legal point of view, and depending on the crime committed, provisional or preventive detention can last up to two years, subject to extension. 

When can the judge order preventive detention?

When you consider that the requirements that we have discussed in the previous question are met. 

How long does pretrial detention last? How long can pretrial detention last?

As long as the circumstances that advised this measure are maintained, it will be maintained, as long as the times established by law are not exceeded, RINBER ABOGADOS tells us. 

What happens when pretrial detention ends?

The personal situation of the person admitted to prison is modified, passing to provisional release or sentenced, and therefore a common prisoner, no longer having the preventive character. 


When the maximum limits of stay in prison are reached, the extension of preventive detention must be agreed, in a hearing, which must be attended by all parties involved in the events, with a hearing by the judge.  


No doubt yes. The time that the convicted person has been in provisional prison, in the event of being finally sentenced to a custodial sentence, is computed as sentence time. 


It is the most burdensome precautionary measure. Logically, it is subject to being modified, with the professional intervention of a lawyer specialized in the matter, they tell us from RINBER ABOGADOS. 

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