The mutability of procedural dangers in the preparatory criminal investigation and dignified treatment in prison as drivers of the periodic control of pretrial detention

Abstract

The data collected from the Buenos Aires penitentiary practice was the starting point to analyze the current detention
conditions and the impact that overcrowding has on the criminal due process. It was determined that the structural problem has its genesis in the criminal policy of "strong hand" installed by the mass media, trying to invade a sphere of state power, and placing the institute of preventive detention in the rapid judicial response, denaturing its essence. What is proposed is to implement a periodic control of preventive detention, through a review procedure, based on the principles of speed, immediacy, orality and procedural economy, aimed at guaranteeing the due process that should govern all criminal proceedings.