Project states that the Public Ministry request an extension of preventive detention with at least 10 business days in advance, in order to guarantee the right to defense and due process.
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Wilson Soto Palacioscongressman and member of Popular Actionpresented the bill 13809/2025-CRwhich proposes modifying article 274 of the Criminal Procedure Code to set a specific period in which the Public Ministry must request the extension of a precautionary measure of preventive detention.
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Thus, this proposal arises from a recurring practice in the judicial system: the presentation of requests for extension of preventive detention a few hours before the original deadline. According to the parliamentarian, this situation limits the exercise of right to defenseaffects due process and breaks the principle of equality of arms between the parties.
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Saying project establishes that the prosecutor will have the obligation to present the extension requirement with at least ten business days in advance. This requirement will apply both in common processes and in those classified as complex or linked to organized crimein order to ensure that the technical defense has a reasonable time to evaluate the tax request and formulate an appropriate response.
“He criminal process cannot sacrifice fundamental rights in the name of speed. The justice “It must be quick, but also fair and respectful of due process,” says the congressman in the explanatory statement of the legislative initiative, warning about the risks of hasty hearings that end up affecting constitutional guarantees.
Meanwhile, the initiative includes the criteria established by the Constitutional Courtwhich has warned that the late submission of requests to extend preventive detention can lead to arbitrary arrests and affect effective jurisdictional protection. Soto Palacios He stressed that the project does not generate costs for the State, contributes to reducing annulments and constitutional litigation, and requires better planning of the Public Ministrywhich reinforces the functioning of the justice system.
