Provisional Prison and Preventive Prison

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To answer the questions that most commonly arise in relation to the institutions of PROVISIONAL PRISON and PREVENTIVE PRISON, we have 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 provisional release with or without bail, for their clients.

In fact, they are requested 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 grant 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 IN 2020”, from the Galician newspaper, or also, “TELEVISION CHANNELS MAKE CRIMINAL LAWYERS FASHIONABLE”, from world. 

Provisional and preventive detention is legally regulated in the criminal procedure law. If you wish to consult it, we leave you this link.  

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


The first thing we have to say is that provisional detention is an exceptional measure that a judge must take against a certain person in the presence of indications or evidence of the commission, by him, of a crime considered serious. . This is a measure that limits fundamental rights and cannot be taken into consideration lightly, says the specialist in provisional freedoms MANUEL RINCÓN. 

Provisional Prison and Preventive Prison
Provisional Prison and Preventive Prison 3


The requirements for a judge to agree to the preventive detention, or provisional detention of a person, are simple, and are legally established. First of all, there must be a guilty author of allegedly criminal acts.

Secondly, in addition to a person responsible for criminal acts, it must be considered that imprisonment is necessary, and finally, this decision must be motivated by the risk of flight or repetition of the crime. 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 specialized 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 detention can last a year or two, which can then be extended. 

What is the maximum term of provisional detention?

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

Who can request provisional detention?

Normally, it is the accusations that request the investigating judge to adopt the precautionary measure of provisional detention or preventive detention against the person under investigation. Prosecutor's Office, Private Prosecution, Popular Prosecution or State Attorney's Office are the procedural parties that can request it.  

What does provisional detention without bail mean?

Provisional detention without bail is the most serious personal precautionary measure that can be adopted in a judicial proceeding, 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 JAVIER RINCÓN, a lawyer specialized in this type of issues, tells us. 

What is a provisional arrest?

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

When can you request provisional release?

As soon as the provisional arrest is agreed upon by the investigating judge, by means of an order, an appeal for reform and/or a subsidiary appeal can be filed with him. However, RINBER ABOGADOS, specialists in obtaining provisional releases, tell us that the resources must be measured well, and not raised for the sake of raising them. You must wait for the right moment and with the necessary documents, so that the request for freedom is successful, and not just another procedure. 

What is preventive detention?

Preventive detention is a precautionary measure of a personal nature, which is agreed against a person, immersed in a criminal judicial procedure, for meeting a series of requirements, which recommend his entry into prison. Therein lies the good work of the lawyer. Convert a preventive detention resolution into a provisional release resolution, says JAVIER RINCÓN, an expert on these issues. 

How long can a person be in preventive 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 discussed in the previous question are met. 

How long does preventive detention last? How long can preventive 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 preventive detention ends?

The personal situation of the person admitted to prison is modified, becoming provisional release or convicted, and therefore common prisoner, without the preventive nature. 


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


Without a doubt yes. The time that the convicted person has been in provisional prison, if he is finally sentenced to a custodial sentence, is computed as sentence time. 


It is the most burdensome precautionary measure. Logically, it is subject to modification, with the professional intervention of a lawyer specialized in the matter, RINBER ABOGADOS tells us. 

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