Reparation in terms of freedom

Abstract

The subject accused of a crime may be preventively deprived of his liberty in the event of procedural dangers, maintaining
his innocent character. His procedural situation can be favorably defined through an acquittal or through a dismissal. Throughout this work I will address the problem that arises when, the same subject who was dismissed or acquitted, is later convicted of the commission of another crime. Through the jurisprudential development, the antagonistic positions that debate about the possibility of counting the time that the subject was deprived of his liberty under the precautionary measure issued in the previous process from which he is acquitted or dismissed, within the framework of the calculation of the penalty, will be exposed. that it was practiced in the cause in which it was ultimately condemned. On the one hand, there is the situation that intends to compute said period of time, with a view to making reparation in kind, while the other position prioritizes financial compensation and avoids reparation within the criminal jurisdiction. In this sense, the foundations made by jurisprudence based on the applicable regulations will be exhibited and a position will be taken.