The Minister of the Interior, Juan José Santiváñez, said that his portfolio has found observations in the law that restores preliminary detention in case of flagrante delicto, and that Congress will have to re-evaluate the aforementioned norm.
Press conference by the Minister of the Interior in which he assures that his portfolio has observed the law that restores preliminary detention.
“The observations that we have found are absolutely technical and valid within a legal framework. They are not whimsical. What we have warned contradicts the legal framework. We cannot endorse or cannot pretend to endorse, for example, a preliminary detention, a punishable crime with four years, when the law says that detention is five years,” he explained at a press conference.
LAW APPROVED AT THE CLOSURE OF LEGISLATURE
As recalled, on December 13, in the last plenary session of the legislative period, in the face of criticism from various citizen sectors, an initiative was approved to restore in the new Criminal Procedure Code the figure of preliminary judicial detention in cases of non-flagrant detention.
The proposal that was discussed in the Plenary was prepared based on several bills presented by parliamentarians from different groups, after criticism that arose from various powers of the State because they considered that the provision favored criminals and went against the fight against crime.
Seventy-nine legislators voted in favor, eight opposed and there were no abstentions regarding this project, which was exempt from the second vote.
The approved text maintains that “the judge of the preparatory investigation, at the request of the prosecutor, will issue a duly reasoned resolution taking into account the actions submitted by him and will issue a preliminary detention order.”
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