Provisional detention and bail

Detención provisional y libertad bajo fianza

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Mario Alberto Batista G.
Abstract

The author, in his article titled “Pre-trial detention and release on bail”, tells us that freedom and human dignity have normative value and constitute primary goals of the Panamanian nation, provided for at the constitutional level. Likewise, it establishes that every person must be treated and considered as innocent during the investigation and the process, until they are declared responsible for the accused crime, in a public trial, through anenforceable sentence. Additionally, it states that pre-trial detention does not entail an end in itself; simply, it is an instrumental precautionary measure.

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Author Biography / See

Mario Alberto Batista G.

Graduate in Law and Political Sciences, University of Panama. Master in Criminal Law and Criminal Procedure Law, INEJ. Panama-Nicaragua. He worked in the Judicial Branch from March 1, 1990 to January 31, 2017, as executing bailiff, judge of the Criminal and Civil Circuit, substitute magistrate of the Superior Court of the Third Judicial District, Chiriquí-Bocas del Toro, David-Chiriquí and magistrate of the Superior Court of Appeals of the Second Judicial District (Accusatory Criminal System, Coclé and Veraguas). Since February 2017 to date, he has been an Associate member of the Forensic Firm Watson & Associates, Panama, director of the Litigation Area.

References

Constitución de Panamá vigente.

Código Procesal Penal.

Convención Americana de Derechos Humanos (1969).

Sentencia del Pleno de la Corte Suprema de Justicia del 11 de Agosto de 2014.

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